Chapter 339-D: Petroleum Inventories

For the purposes of this chapter:

I. "Person" means any individual, firm, partnership, corporation, association, trust and any other legal entity.

II. "Petroleum product" means propane, gasoline, unleaded gasoline, kerosene, #2 heating oil, diesel fuel, kerosene base jet fuel and #4, 5 and 6 residual oil for utility and non-utility uses.

III. "Primary storage facility" or "facility" means any facility or terminal which receives petroleum products for holding within the state by ship, barge or pipeline.

The director of the governor's council on energy shall have the authority to collect and keep on file inventory and product delivery data as delineated by RSA 339-D:3 from persons owning or leasing petroleum product primary storage facilities.

I. Upon request of the director of the governor's council on energy, any person owning or leasing petroleum product primary storage facilities shall file a report on the first and fifteenth calendar days of each month or on the first working day thereafter with the director setting forth an inventory of petroleum stored at and expected to be delivered to the facilities. The director shall provide a form for the recording of the information, which form shall require the following information:

(a) The total inventory of each petroleum product stored at the facilities; such inventory shall be made within 3 days prior to the reporting date;

(b) The anticipated quantity of each petroleum product to be delivered to the facilities within 15 days after the reporting date; and

(c) Any other delivery data the director considers necessary.

II. All reports filed pursuant to this section shall be an exempt record and confidential pursuant to RSA 91-A:5, IV, and shall be maintained for the sole and confidential use of the director of the governor's council on energy, except that the reports may be disclosed to the appropriate energy agency or department of another state with substantially similar confidentiality statutes or regulations with respect to such reports.

I. If any person, in violation of the provisions of this chapter, knowingly fails to file complete and accurate reports with the director of the governor's council on energy, the director may petition the superior court for injunctive relief. The director shall be represented by the attorney general. Such petition may be filed in the superior court of the county in which the defendant resides, or if such defendant is a nonresident, in the superior court of any county in which he does business.

II. Upon a finding by the court that a violation of this chapter has occurred, the court may grant such relief as it deems necessary and, in addition, may impose a fine of an amount not exceeding $5,000 for each violation.