New Hampshire oil and gas laws can be found in Chapter 146-A, Title 10 of New Hampshire Revised Statutes. Pursuant to RSA 146-A:1, the purpose of this statute is to cope with the problem of pollution from the spillage or discharge of oil, recognizing the damage resulting to vegetation, marine, animal and bird life from such pollution. The intent of the statute is to provide procedures that will expedite the cleanup of oil spillage, mitigate the adverse effects of oil discharges, encourage preventive measures, and provide financial assistance to victims of such discharges and to encourage private organizations to assist in these efforts.
Powers of the Department
The department of environmental services is authorized:
- to issue an administrative order directing any person to cease activity violating this statute or any rule adopted under the provisions of this statute,
- to take action necessary to comply with this statute or any rule adopted under the provisions of this statute, or
- to institute corrective or remedial measures in response to the spillage or discharge of oil or any other violations of this statute or rules adopted under the provisions of this statute.
Strict Liability
Any person who, without regard to fault, directly or indirectly causes or suffers the discharge of oil into or onto any surface water or groundwater of this state, or in a land area where oil will ultimately seep into any surface water or groundwater of the state in violation of this statute, or rules adopted will be strictly liable for costs directly or indirectly resulting from the violation relating to[i]:
- Containment of the discharged oil;
- Cleanup and restoration of the site and surrounding environment, and corrective measures; and
- Removal of the oil.
Legal Actions
The attorney general institutes such legal or equitable action as s/he deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures, or civil penalties. This action may be brought in conjunction with an action for injunctive relief or in a separate action in superior court[ii].
Appeals
Pursuant to RSA 146-A:16, orders of the department issued upon a finding of an imminent and substantial hazard may be appealed, but should be immediately effective. The effective date of any other order which is appealed should be the date of the council’s affirmance of the order. An appeal of the council’s affirmance should not stay or suspend the effectiveness of the order unless the supreme court grants a stay of the order.
Penalties
Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this statute or any rule adopted under the provisions of this statute is guilty of a misdemeanor if a natural person or guilty of a felony if any other person[iii]. Each day of a continuing violation constitutes a separate offense.
Any person who purposely or knowingly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who purposely or knowingly violates any provision of this statute or any rule adopted under the provisions of this statute is guilty of a class B felony[iv].
Any person who discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who violates any provision of this statute or any rule adopted under the provisions of this statute will be subject to a civil penalty not to exceed $10,000 for each violation[v].
New Hampshire Oil and Gas Laws
[i] RSA 146-A:3-a.
[ii] RSA 146-A:9.
[iii] RSA 146-A:14 (I).
[iv] RSA 146-A:14 (II).
[v] RSA 146-A:14 (II-a).
