Section Odb 405.01 - Fund Availability(a) The fund shall be available for reimbursement of costs incurred for corrective action, third-party damages, public water supply gasoline ether monitoring under Env-Dw 300, and providing notification under RSA 485:16-a, II.(b) The fund shall be available to the owner of a facility for the first discharge if the facility is in compliance.(c) The fund shall be available to the owner of a facility for subsequent discharges if the owner maintains compliance after compliance is achieved, as specified in (b) above.(d) The fund shall be fully available to owners of on-premises-use facilities or land where on-premises-use facilities are located for corrective action cost and third-party damage cost reimbursement if the facility is now and was in compliance on July 1, 2015.(e) With the exception of owners qualifying under paragraph (f) below, owners of on-premises-use facilities or land where on-premises-use facilities are located, that were not in compliance on July 1, 2015, shall be subject to a reduction in corrective action cost and third-party damage cost reimbursement in the amount of $500 for the state, political subdivisions, non-profit organizations, school districts, residences, and businesses.(f) The fund shall be available to meet the requirements of RSA 146 D:6, III(a), subject to the following:(1) The on-premises-use facility is located at a property that is the primary residence of the owner including a single-family home, a duplex, a manufactured home, a farm, or a property where the owner also operates a small business;(2) The owner does not hold title to, or have an interest in, any income producing property other than that specified in (1) above, including but not limited to, stocks or real property held either individually, or through a business, trust, or other related entity; and(3) The owner's total household annual income does not exceed 24 CFR, Title 24, U.S. Department of Housing and Urban Development, low-income criteria that apply to the county or metropolitan statistical area where the property is located.(g) The fund shall be available to: (1) The current facility owner;(2) A former facility or landowner for costs incurred during ownership, including completion of work contracted prior to ownership transfer;(3) A former facility or landowner for costs incurred under a legal indemnification agreement which obligates the former owner to continue corrective action after the facility or land is sold; or(4) A landowner where a compliant facility was located.N.H. Admin. Code § Odb 405.01
#8491, eff 11-22-05; ss by #9935-A, eff 9-1-11
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029