§ 147-F:4 — Eligibility for Program

I. A person is eligible to participate in the program if the person qualifies under one of the following categories:
(a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:
(1) A prospective purchaser of eligible property; or
(2) A person who holds a mortgage interest or other security interest in eligible property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.
(b) The person, including a municipality, is a current owner of eligible property whose liability under RSA 147-B is based solely on the person's status as owner and who did not cause or contribute to the contamination at the property.
II. Any environmentally contaminated property is eligible unless one of the following conditions applies:
(a) The property is not in compliance with any corrective action order issued under RSA 147-A or any other compliance order issued under a state or federal environmental program and the department determines that the property will not be brought into substantial compliance as a result of participation in the cleanup program.
(b) The property is eligible for cost reimbursement from the oil discharge and disposal cleanup fund, the fuel oil discharge cleanup fund or the motor oil discharge cleanup fund, unless it receives substantially less than full reimbursement from these funds.
III. A person seeking a determination of eligibility shall submit to the department a certificate signed under oath that includes all information the department of justice determines is necessary to verify eligibility.

Legislative History

1996, 241:2. 1997, 264:2, eff. June 19, 1997.