New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 5200 - GUIDELINES FOR ESTABLISHING MAXIMUM RATES FOR HAZARDOUS MATERIALS INCIDENT RESPONSE
Part Saf-C 5205 - APPEAL OF COST RECOVERY BILLING
Section Saf-C 5205.03 - Scope of Hearing
Universal Citation: NH Admin Rules Saf-C 5205.03
Current through Register No. 40, October 3, 2024
(a) The scope of the hearing shall be to determine:
(1) Whether
the appellant's act or omission caused the actual or threatened discharge of
hazardous materials or toxic waste;
(2) Whether the actual or threatened
discharge of hazardous materials or toxic waste resulted in the reasonable and
proportionate response of police, fire, emergency preparedness or emergency
response equipment;
(3) Whether
the bill reflects the costs incurred by the municipality, organization, or
mutual aid district seeking payment for the cost of equipment use or
replacement of the equipment used, if damaged or expended, in containing the
hazardous materials or toxic wastes; and
(4) Whether the bill reflects the personnel
costs of police, fire, public safety, and municipal personnel, including mutual
aid standby personnel, directly involved in the emergency response and any
reasonable court costs and legal fees incurred by the municipality,
organization, or mutual aid district in collecting costs or defending an
unsuccessful appeal of such costs.
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