N.H. Admin. Code Env, Env-Or, ch. Env-Or 400, pt. Env-Or 409, app D

Current through Register No. 50, December 12, 2024
Appendix D - Excerpts from RSA 146-C

RSA 146-C:3Registration of Underground Storage Facilities.

I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information:

(a) Facility name, location, and mailing address.

(b) Owner's name, mailing address, and telephone number.

(c) Contact person for this facility.

(d) Tank information: the size, age, type of tank material, location (on-site), and product stored.

(e) Demonstration of financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this subparagraph.

II. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department, and shall provide the following information to the extent that it may reasonably be available to the owner:

(a) Results of previous tank testings conducted in accordance with department rules, including documentation of test results.

(b) All previous owners and lessees with names and current addresses.

(c) A detailed description of the facility; the size of tanks (physical dimensions), number of fill boxes, number and type of fittings attached to tanks, complete description of underground piping system, type of cathodic protection, date each tank was manufactured, installed, relined, and inspected, and tank manufacturer, and the date and results of the latest tightness test of all underground tanks.

(d) The estimated life expectancy of all inground tanks and appurtenances.

(e) Description and date of past discharges or disposal, remedial actions, ground and surface water monitoring results, and closure plans.

(f) Detailed site plan and layout.

(g) Existing groundwater protection monitoring programs, if any.

III. The owner of a registered underground storage facility shall report any changes in the information provided under paragraph I or II within 10 days of the change.

IV. The registration required under this section shall be maintained for the life of the facility. A registration need not be maintained if the department has received written notice that the registered underground storage facility has been closed by approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure.

V. The department shall forward information compiled under this section to the federal Environmental Protection Agency pursuant to 42 U.S.C. 6991a(c).

RSA 146-C:4Underground Storage Facility Permit Required.

I. No person shall own or operate an underground storage facility in this state without a permit issued by the department. The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the department's rules. The revocation shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the department's decision to revoke the permit. Appeal of a decision revoking a permit to operate shall be governed by RSA 21-O:14. Any appeal brought pursuant to RSA 541 shall not stay a decision by the council which affirms the department's revocation of a permit.

II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times.

III. [Repealed.]

N.H. Admin. Code Env, Env-Or, ch. Env-Or 400, pt. Env-Or 409, app D