Section 147-F:5 Available Relief. - New Hampshire Statutes

   I. Any person who meets the eligibility conditions of RSA 147-F:4 may request the assistance of the department in overseeing the investigation and remediation of an eligible property. An eligible person shall be entitled to the liability protections provided in RSA 147-F:7 and shall receive a covenant not to sue issued in accordance with RSA 147-F:6 upon approval of a remedial action plan for the property.
   II. A successor owner or successor owners of an eligible property may receive a covenant not to sue in accordance with the terms and conditions of RSA 147-F:17.
   III. A holder of a mortgage or other security interest in the eligible property, including a municipality with a tax lien, shall notify the department in connection with a foreclosure or other acquisition or transfer of title or possession of an eligible property, of an intention to continue in the program on the same terms as the original eligible person, or may elect to retain the status of a holder of property in accordance with RSA 146-A:3-c, RSA 146-C:11-a, or RSA 147-B:10, as applicable.
   III-a. A municipality that acquires an environmentally contaminated property by tax deed in order to convey the property to an eligible person in the brownfields program shall be entitled to the liability protection provided in RSA 147-F:7.
   IV. A lessee or tenant (that itself would qualify as an eligible person) of the eligible property under agreement with an eligible person who is implementing an approved remedial action plan under the program shall not be subject to suit described in RSA 147-F:6, I, by the state for the contamination.
   V. Any person who is not an eligible person may use the remedial process provided in RSA 147-F:11 through RSA 147-F:16 at the discretion of the department. The department may issue a no-action letter, certificate of partial cleanup, or certificate of completion to any such person upon completion of an approved remedial action plan for full or partial remediation.
   VI. The relief afforded under this chapter extends only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law.

Source. 1996, 241:2. 1997, 264:3, eff. June 19, 1997.