1. (a) A complete application shall consist of:

   1. (1) If filed by the current owner, a completed “Current Owner Brownfields Covenant Application” form, NHDES-S-02-001, revised 11/2025, that has been signed as specified in Env-Or 803.04;
   2. (2) If filed by a prospective purchaser, a completed “Prospective Purchaser Brownfields Covenant Program Application” form, NHDES-S-02-002, revised 11/2025, that has been signed as specified in Env-Or 803.04;
   3. (3) The information specified in RSA 147-F:9, II(a)-(d);

   4. (4) If applicable, whether the property is in compliance with a compliance order and if not provide:

      1. a. A copy of any outstanding state or federal environmental orders;
      2. b. Information on the order compliance status; and
      3. c. A description of how participation in this program will result in substantial compliance with outstanding orders;
   5. (5) The fee required by RSA 147-F:9, II(e);
   6. (6) The certifications required by RSA 147-F:9, II(f); and

   7. (7) The following additional certifications:

      1. a. The applicant has accurately disclosed to the department all information known to it, or in its possession or control, which relates to responsibility for releases or threatened releases of hazardous wastes or materials at the property;
      2. b. Neither the applicant, nor any of its principals, owners, officers, directors, affiliates, or subsidiaries:

      3. i. Caused or contributed directly or indirectly to any contamination or releases of hazardous wastes or materials at the property;

         ii. Currently operates or controls or ever operated or controlled a facility at the property for the storage, treatment, or disposal of hazardous wastes or materials;

         iii. Disposed of, or arranged for the disposal of hazardous wastes or materials at the property; or

         iv. Generated hazardous wastes or materials that were disposed of at the property; and

      4. c. The applicant understands that the liability protections provided by the covenant not to sue and RSA 147-F:7 can be lost as a result of interference with the approved remedial action plan, violation of imposed use restrictions or non-compliance with program requirements as defined in RSA 147-F:16.
2. (b) If facts or circumstances change prior to the department’s issuance of an eligibility determination in such a way as to render the information contained or representations made in an application incorrect in light of such new facts and circumstances, the applicant shall promptly notify the department and correct any such information or representations.

Source. #8809, eff 1-26-07; ss by #10833, eff 6-1-15; ss by #14421, eff 11-4-25, EXPIRES: 11-4-35