147-F:12 Approval of Remedial Action Plan. –
I. Upon receipt of a remedial action plan, the department shall provide public notice of the proposed remedial action. The notice shall provide a date for a public information meeting where there is significant environmental impact.
II. An approved remedial action plan shall provide for all removal, remedial, monitoring and other activities required to protect human health and the environment and to meet all applicable cleanup standards. The department's approval shall include a designation of the activities that must be completed before a certificate of completion will be issued in accordance with RSA 147-F:13, III.
III. The department may accept alternative risk-based cleanup standards based upon risk assessments developed pursuant to RSA 147-F:11, VII(e).
IV. The department may approve a remedial action plan for all, or a portion of, contamination at the property. The department shall impose such conditions on the redevelopment and use of the property as it finds necessary or proper to assure that the contamination on the site does not pose an unacceptable risk to human health and the environment during and after completion of the remedial action plan.
V. Upon approval of a remedial action plan:
(a) The department shall issue to the program participant a notice of approved remedial action plan that identifies the property, provides a general description of the contamination and summarizes the main components of the remedial action plan, including all specific restrictions on future use of the property.
(b) The department of justice shall issue a covenant not to sue to a program participant determined to be an eligible person pursuant to RSA 147-F:4. The covenant not to sue shall be in a form and subject to the conditions set forth in RSA 147-F:6.
VI. The program participant shall immediately record the notice of approved remedial action plan in the registry of deeds for the county in which the property is located.