Expedited Environmental Site Assessment Reviews

RSA 485:3-b requires the Department of Environmental Services to perform expedited environmental site assessment reviews when a fee is paid. This program is intended to provide New Hampshire property owners, businesses, industries and financial institutions with the ability to receive an accelerated DES review when time-critical real estate transfers or financial transactions are dependent on receipt of comments on site assessment reports from DES. For these sites, DES comments are typically based on the review of environmental site assessment reports that have been prepared by consultants for the parties involved, which characterize the extent of contamination by oil or hazardous material that may be present on the site. Depending on the nature of the site, these reports are prepared to comply either with DES requirements for sites where releases of oil or hazardous materials have occurred or due diligence requirements of specific financial institutions, or both. DES reviews of environmental site assessment reports will be performed, and comments provided, within 60 days from the date when a complete expedited site assessment review package has been submitted. More specific details on this program are provided below.

Site Where an Expedited Review May be Appropriate

The expedited review may be used for the following types of sites:

1. Sites for which there is a duty to report contamination to DES, such as sites with groundwater contamination above ambient groundwater quality standards (Env-Wm 1403) or sites where there has been a discharge of wastes or petroleum (as defined by RSA 147-A, RSA 147-B, RSA 149-M, RSA 146-A and/or RSA 146-C).
2. Sites eligible for reimbursement from the state petroleum reimbursement funds established under RSA 146-D or RSA 146-E. These sites require prior approval of work scopes to ensure full reimbursement.
3. Sites where regulatory opinions are required by parties other than DES to complete real estate of financial transactions.

How to Request an Expedited Review

To apply for an expedited environmental site assessment review, the following information must be submitted.

1. A transmittal letter requesting the expedited review, including a brief explanation of the pending real estate transfer or financial transaction.
2. An environmental site assessment report.
3. A check made out to: Treasurer, State of New Hampshire.
4. A copy of current municipal records indicating the current equalized assessed valuation of the property (land and buildings).
5. A statement indicated if any person(s) may seek reimbursement from any of the state’s petroleum reimbursement funds.

The request should be sent to:

Karlee Kenison
Site Remediation Programs
Waste Management Division
N.H. Department of Environmental Services
PO Box 95
Concord, NH 03302-0095

How to Determine the Environmental Review Fee
The environmental review fee established in RSA 485:3-b is based on the equalized assessed valuation of the property (land and buildings) as follows:

The environmental review fee is a one-time fee and includes the fee for a groundwater management permit should one be required for the site.

Disclaimer: The expedited site review program does not alleviate parties from complying with applicable state, federal and local statutes and rules. Information contained in this fact sheet is current as of July 2007. Statutory or regulatory changes that may occur between July 2007 and the expiration date of this fact sheet may cause part or all of the information to be invalid. If there are any questions concerning the status of the information, please contact DES at (603) 271-6542.