§ 147-B:6 — Purpose and Use of Fund

I. The fund shall be used to provide for the adequate and safe containment and cleanup of sites within New Hampshire where hazardous wastes or hazardous materials have been stored or disposed of which threaten the environment or the public health and welfare.
I-a. The fund may be used for conducting department-approved household hazardous waste cleanup projects throughout the state. Expenditures from the fund for such projects shall be matched on a dollar-for-dollar basis by municipalities or by other local or regional entities in accordance with rules adopted by the department under RSA 147-B:7, III. It shall be a purpose of such assistance to enable local and regional entities to educate the public in the importance of the proper management of household wastes which have hazardous or toxic qualities. Programs which receive funding shall include in their proposal a significant public education component. To encourage such programs, the department shall prepare a suggested warrant article which local governmental entities may use to secure the local funding component.
I-b. Fees collected in accordance with RSA 147-A:4 and deposited into the hazardous waste cleanup fund shall be accounted for separately and used in processing hazardous waste facilities' permits and enforcing and implementing conditions of a permit.
I-c. [Repealed.]
I-d. Fees collected in accordance with RSA 147-B:12 and deposited in the hazardous waste cleanup fund shall be accounted for separately and used in the used oil collection program as provided in RSA 147-B:13.
I-e. Fees collected in accordance with RSA 147-F:14 and deposited into the hazardous waste cleanup fund shall be accounted separately and used in funding the operations and staff positions in RSA 147-F, the brownfields program.
I-f. Fees collected in accordance with RSA 147-A:5, III(b) and deposited in the hazardous waste cleanup fund shall be accounted for separately and used to process hazardous waste coordinator certification applications, provide technical training and assistance to coordinators, and hire personnel.
I-g. Fees collected pursuant to RSA 147-A:5, IV (c) and RSA 147-A:6-a shall be deposited in the hazardous waste cleanup fund established in RSA 147-B:3 and shall be accounted for separately and used to manage the hazardous waste generator self-certification program, provide technical training and assistance to hazardous waste generators, hire personnel, and pay administrative costs.
II. After the governor certifies that circumstances require the use of the fund, the department may enter into contracts, agreements, or consultative services and use the fund for the following purposes:
(a) Hiring of consultants and personnel;
(b) Purchase, lease or rental of necessary equipment; and
(c) Other necessary expenses directly associated with the containment and cleanup of hazardous wastes or hazardous materials.
III. The department shall submit all contracts to the governor and council for advance approval, except in emergency situations.
IV. The department may use up to $600,000 per year from the fund to pay for permitting, administrative and enforcement costs associated with the fund.
V. Notwithstanding any other provision of law, the interest and principal due on bonds and notes shall not be paid out of funds from the hazardous waste cleanup fund.
VI. The department may use the fund to support the pollution prevention program established under RSA 21-O:15 through RSA 21-O:22.

Legislative History

1981, 413:3. 1983, 137:11; 227:6. 1985, 346:1, 2, 5. 1986, 202:6, I(e). 1989, 222:1. 1990, 253:4, 5. 1991, 226:5, 6. 1992, 263:2, 3. 1994, 364:4. 1995, 308:127, VIII. 1996, 228:107; 241:7. 2002, 74:2; 87:4. 2003, 148:5, eff. July 1, 2003. 2022, 326:7, eff. July 8, 2022.