TITLE X
PUBLIC HEALTH

CHAPTER 149-M
SOLID WASTE MANAGEMENT

Section 149-M:6

    149-M:6 Responsibilities. –
The department shall have the responsibility and authority to:
I. Administer and enforce this chapter, and all orders and permits issued and rules adopted under it.
II. Establish solid waste management policies and goals consistent with the provisions of RSA 149-M:1-3.
III. Regulate facilities through administration of a permit system, which may include the establishment of general permits to cover categories of facilities, such as motor vehicle salvage facilities or motor vehicle crushers, which the commissioner determines involve the same or substantially similar types of operations, handle the same types of wastes and regulated substances, require the same operating limitations or conditions, and are more appropriately controlled under a general permit than under individual permits.
IV. Enter, at all reasonable times, in or upon any private or public property, except private residences, to:
(a) Inspect any facility; or
(b) Investigate any condition which is believed to be in violation either of this chapter or of any of the rules adopted or orders issued under it, or which presents a substantial threat to human health or the environment.
V. Hold hearings, issue notices of hearings, and take testimony.
VI. Prepare the state solid waste plan.
VII. Provide technical assistance and information to citizens, towns, and districts.
VII-a. Collect and prepare information regarding opportunities for citizens and businesses to recycle materials, including electronic waste, and develop an outreach campaign to disseminate that information including, as appropriate, information on the department's website, brochures, posters, mailings and e-mailings, press releases, and other appropriate means of communication.
VIII. Review in order to approve or require modification of town or district solid waste plans.
IX. Administer grants or other funds to carry out this chapter.
X. Consult, cooperate, or contract with other state agencies responsible for solid waste issues, with interstate and federal agencies, with New Hampshire nonprofit recycling organizations, and with other affected groups.
XI. Assess a surcharge on the disposal of out-of-state solid waste in the amount of $1 per ton, which shall be assessed against the person transporting the out-of-state solid waste to the facility and not assessed against the facility. The surcharge shall be assessed and collected only with respect to the first point of disposal, processing, or treatment within this state. The proceeds shall be used by the department to reduce and offset general fund expenditures for solid waste management.
XII. Determine whether the taking of land by eminent domain is necessary and appropriate and to order the initiation of such proceedings.
XIII. Establish and administer a certification program for solid waste operators which shall include training courses, and may include testing. The fee for certification shall not exceed $50 per attendee, and shall be deposited in the nonlapsing revolving fund established in RSA 21-O:1-a. Certification shall be renewed annually. If the renewal fee is not submitted within 90 days after the certificate's expiration date, the certified individual's name shall be removed from the current status and the certification shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is received after the certificate's expiration date.
XIII-a. Record orders issued by the department pursuant to this chapter in the registry of deeds for the county in which the subject facility is situated. A recorded order shall run with the land; provided that an appropriate description of the land involved including the accurate name of the owner thereof shall be included in the order. No fee shall be charged for recording an order; however, a fee may be charged by the registry of deeds for recording the discharge of an order.
XIV. Conduct any other activity for the purpose of administering this chapter.

Source. 1996, 251:2; 251:28. 1997, 261:1. 1999, 54:1, eff. July 20, 1999. 2008, 191:4, eff. Aug. 10, 2008. 2009, 314:2, eff. Oct. 6, 2009.