CHAPTER 146-A OIL DISCHARGE OR SPILLAGE IN SURFACE WATER OR GROUNDWATER
Section 146-A:3-a
146-A:3-a Strict Liability for Containment, Cleanup and Removal Costs. –
I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge of oil into or onto any surface water or groundwater of this state, or in a land area where oil will ultimately seep into any surface water or groundwater of the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable for costs directly or indirectly resulting from the violation relating to:
(a) Containment of the discharged oil;
(b) Cleanup and restoration of the site and surrounding environment, and corrective measures as defined under RSA 146-A:11-a, III(a) and (b); and
(c) Removal of the oil.
I-a. (a) Any operator or person who has legal ownership of real property upon which underground storage facilities or other petroleum storage facilities which are not in compliance with the requirements of RSA 146-A or RSA 146-C are located shall be strictly liable for the costs of removal. The department shall have a lien upon the real property for all costs incurred by the department in removing underground storage facilities or other petroleum storage facilities pursuant to RSA 146-A:11-a, III(f) from the real property, including interest calculated pursuant to RSA 336:1, II where such costs are not paid as prescribed by the department. Such lien shall arise at the time such costs are incurred by the department and shall continue until the liability for such costs, including interest is satisfied or becomes unenforceable. The lien shall become valid and effective against the real property upon the department's recordation of a notice of lien in the registry of deeds for the county in which the real property is located. The notice of lien shall identify the legal owner of record by name and address, the location of the real estate from which the facility was removed by the department, and the amount of the lien. The department shall send a copy of the notice of lien to the person identified in the notice at the address set forth in the notice by certified mail, return receipt requested, postage prepaid. There shall be no charge for filing the department's notice of lien. The fee for discharging the notice of lien shall be borne by the person identified in the notice of lien. The lien provided for by this section may be foreclosed in accordance with the provisions of law relating to foreclosure of mortgages on real estate upon violation of subparagraph I-a(b) of this section or upon transfer of title to the real estate.
(b) Installation or replacement of underground storage facilities or other petroleum storage facilities regulated under RSA 146-A or RSA 146-C which contain or are designed to contain gasoline or diesel product on real property subject to a lien under this section shall be prohibited until such lien is discharged.
II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this statute.
III. [Repealed.]
IV. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.
Source. 1985, 287:3. 1987, 377:3, 5. 1988, 271:9, I. 1991, 92:7. 1996, 266:6. 1998, 357:2, eff. July 1, 1998.