CHAPTER 146-A OIL DISCHARGE OR SPILLAGE IN SURFACE WATER OR GROUNDWATER
Section 146-A:4
146-A:4 Notification; Removal. –
I. Whenever an oil discharge or spillage occurs which may pollute or which has polluted the surface water or groundwater of this state, the department of environmental services shall be notified immediately and shall assume primary jurisdiction of the cleanup operation. In the interim period before the department of environmental services has had an opportunity to assume jurisdiction, the person or persons strictly liable for an oil discharge shall undertake immediate measures to minimize the extent of pollution and damage which said discharge would otherwise cause. Any unexplained oil discharge shall be removed by or under the direction of the department of environmental services.
II. Any person strictly liable for an oil discharge shall immediately undertake to contain or remove such discharge to the department's satisfaction.
III. Notwithstanding paragraph II, the department of environmental services may undertake the containment or removal of such discharge and may retain agents and contractors for such purposes who shall operate under the direction of the department of environmental services.