Section Env-Or 810.11 - Voiding of Covenant Not to Sue(a) Subject to (c), below, if the department receives information suggesting that one or more of the bases for voiding a covenant not to sue specified in RSA 147-F:6, III(a)(1) through (4) has arisen, the department shall: (1) Notify the holder of the covenant in writing; and(2) As required by RSA 147-F:6, III(b), provide the holder with a reasonable opportunity to cure the noncompliance or to explain why there is no basis to void the covenant.(b) If the holder does not cure the noncompliance or explain why there is no basis to void the covenant, the department shall initiate an adjudicative proceeding in accordance with the provisions of Env-C 200 applicable to adjudicative proceedings to void the covenant.(c) A covenant shall be void if: (1) As provided in RSA 147-F:6, III(b), the holder of the covenant knowingly violated any use restriction; or(2) Any of the bases for the covenant being void specified in RSA 147-F:6, IV, are present.N.H. Admin. Code § Env-Or 810.11
Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10833, Effective 6/1/2015, Expires6/1/2025.