(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. (1) Notify the holder of the covenant in writing; and
2. (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.

(c) A covenant shall be void if:

1. (1) As provided in RSA 147-F:6, III(b), the holder of the covenant knowingly violated any use restriction; or

2. (2) Any of the bases for the covenant being void specified in RSA 147-F:6, IV, are present.

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

   Appendix A: State Statutes Implemented

   Rule Section(s)

   State Statute(s) Implemented

   Env-Or 801 and Env-Or 802

   RSA 147-F

   Env-Or 803

   RSA 147-F:9

   Env-Or 804

   RSA 147-F:10

   Env-Or 805

   RSA 147-F:14

   Env-Or 806

   RSA 147-F:8

   Env-Or 807

   RSA 147-F:17

   Env-Or 808

   RSA 147-F:13; RSA 147-F:15; RSA 147-F:17

   Env-Or 809

   RSA 147-F:11, I through VII

   Env-Or 810

   RSA 147-F:11, VII through IX; RSA 147-F:12; RSA 147-F:13; RSA 147-F:6, III and IV

   Appendix B: Statutory Definitions

   RSA 147-F:3:

   III. “Contaminant” or “Contamination” means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in RSA 146-A:2, III.

   V. “Eligible person” means a person who meets the criteria under RSA 147-F:4, I, and who qualifies for a covenant not to sue.

   VI. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state.

   VII. “Program” means the brownfields program established by this chapter.

   VIII. “Program participant” means any person, whether or not eligible for the liability protections created by this chapter, who is approved by the department to use the remedial process prescribed by this chapter.

   RSA 147-A:2

   IX. “Imminent hazard” means any condition or practice which presents an immediate and substantial threat to human health or the environment.