146-C:11 Liability for Cleanup Costs; Municipal Regulations. –
I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may or 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 or remedial measures as defined under RSA 146-A:11-a, III(a) and (b); and
(c) Removal of the oil.
I-a. The owner or operator of a facility shall immediately inform the department of any discharge or disposal in violation of this chapter. Such person shall take immediate action to mitigate damages from such discharge consistent with any applicable rules of the department. If the owner is not the operator of the facility, the operator shall immediately inform the owner of any discharge or disposal in violation of this chapter.
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 chapter.
III. Nothing in this chapter shall be construed to pre-empt local zoning or other regulations, properly enacted under other statutes, which reasonably regulate the location of underground storage facilities.
IV. The department shall immediately notify the governing body of a municipality of any leaking underground storage tanks either within the municipality or near the local water supply.
V. [Repealed.]
VI. 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. 1986, 182:1. 1987, 377:4, 6. 1988, 249:14, 15; 271:9, VII. 1990, 208:10. 1991, 92:43. 1996, 228:106, eff. July 1, 1996; 266:7, eff. June 10, 1996.