New Hampshire Code of Administrative Rules Odb - Oil Fund Disbursement Board

21 Jun 2025 --
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New Hampshire Code of Administrative Rules – ODB (Oil Fund Disbursement Board)

Overview

The Oil Fund Disbursement Board (ODB) in New Hampshire is established to administer and oversee disbursements from the state’s Oil Fund, which is used primarily to:

Clean up petroleum and hazardous oil spills.

Compensate parties for damages caused by oil discharges.

Support preventive programs related to oil storage and handling.

The rules governing the ODB are codified in the New Hampshire Code of Administrative Rules, under the Department of Environmental Services (DES).

1. Purpose of the ODB

Ensure prompt cleanup of oil spills affecting soil, water, or public health.

Provide financial assistance to responsible parties or property owners impacted by oil contamination.

Protect public resources by ensuring the Oil Fund is used appropriately.

Promote compliance with oil storage and environmental safety regulations.

2. Composition of the Board

The ODB typically consists of members appointed by the Governor, including:

Environmental specialists

Public officials

Industry representatives

The board is responsible for reviewing claims and approving disbursements.

3. Scope of the Oil Fund

The Oil Fund is financed through:

Fees on heating oil and petroleum products sold in New Hampshire.

Fines and penalties from oil-related environmental violations.

Interest and other revenue associated with the fund.

Eligible disbursements include:

Cleanup costs of soil, water, or environmental contamination caused by oil spills.

Costs incurred by public or private entities responding to spills.

Administrative costs of managing the Oil Fund.

4. Eligibility for Disbursement

Entities eligible to receive funds include:

Property owners or operators who incurred costs to remediate oil contamination.

Municipalities that conducted cleanup of public spaces.

Contractors or companies hired to perform remediation.

Conditions for eligibility:

The spill or contamination must be documented and reported to the DES.

Disbursement requests must include itemized expenses and supporting documentation.

Priority may be given to public safety and environmental protection over private claims.

5. Application and Approval Process

Submission of Claim:

Submit to the ODB with details of the spill, remediation actions, and costs.

Review by ODB:

Verification of facts

Assessment of costs and eligibility

Approval or Denial:

The board may approve full, partial, or no disbursement based on eligibility, fund availability, and compliance with rules.

Disbursement of Funds:

Payments are issued to eligible entities after approval.

6. Reporting and Accountability

Entities receiving funds must report back on fund usage, including:

Completion of cleanup

Final costs

Compliance with environmental regulations

Audits and oversight:

The ODB conducts audits to prevent misuse of funds.

7. Penalties for Misuse

Misrepresentation or misuse of Oil Fund resources can lead to:

Repayment of funds

Fines or civil penalties

Referral to legal authorities for fraud

8. Practical Example

A heating oil tank leaks into the soil of a residential property.
The property owner reports the spill to the DES.
They submit a disbursement claim to the ODB for cleanup costs.
The ODB reviews the claim, verifies the remediation work, and approves payment from the Oil Fund to cover the costs.

This ensures rapid remediation, minimizes environmental damage, and relieves the financial burden on the property owner.