TITLE X
PUBLIC HEALTH

Chapter 149-M
SOLID WASTE MANAGEMENT

Section 149-M:1

    149-M:1 Statement of Purpose. – It is the declared purpose of the general court to protect human health, to preserve the natural environment, and to conserve precious and dwindling natural resources through the proper and integrated management of solid waste.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:2

    149-M:2 Solid Waste Disposal Reduction Goal. –
I. The general court declares its concern that there are environmental and economic issues pertaining to the disposal of solid waste in landfills and incinerators. It is important to reserve landfill and incinerator capacity for solid wastes which cannot be reduced, reused, recycled or composted. The general court discourages the disposal of recyclable materials in landfills or processing of recyclable materials in incinerators.
II. The general court further declares a goal to reduce the quantity by weight of solid waste disposed by 25 percent by the year 2030, and by 45 percent by the year 2050. For the purposes of this goal, disposal reduction targets shall apply, on a combined basis, to disposal of municipal solid waste and construction and demolition debris, and shall be measured against baseline quantities of these wastes disposed of in the year 2018. For the purposes of this goal only, municipal solid waste means solid waste generated at residences, commercial or industrial establishments, and institutions, but excludes automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media, sludge, industrial process waste, and ash other than ash from household stoves. Disposal reduction may be achieved through source reduction as well as diversion including but not limited to reuse, recycling, and composting. For the purposes of this section "goal" shall not establish a mandate.
III. In exercising any and all powers conferred upon the department under this chapter, the department shall use and consider criteria relevant to the disposal reduction goal and solid waste management hierarchy established in this section and RSA 149-M:3. The department shall not take any action relative to the reduction goal which causes the municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on June 26, 1990.

Source. 1996, 251:2. 251:27; 261:2. 1999, 43:1, eff. July 20, 1999. 2021, 188:5, eff. Oct. 9, 2021.

Section 149-M:3

    149-M:3 Achieving Goals; Hierarchy. –
The general court supports integrated solid waste disposal solutions which are environmentally safe and economically sound. The general court endorses, in order of preference, the following waste management methods:
I. Source reduction.
II. Recycling and reuse.
III. Composting.
IV. Waste-to-energy technologies (including incineration).
V. Incineration without resource recovery.
VI. Landfilling.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:4

    149-M:4 Definitions. –
In this chapter:
I. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a solid waste facility may be permitted.
II. "Approved facility" means a facility with a valid permit from the department.
II-a. "Certified waste-derived product" means a constituent of solid waste which is no longer regulated as a solid waste when certified by the department to be recyclable for its original use or alternate uses and which poses no greater risk to the environment, public health, and safety than exists by producing, distributing, using, or disposing comparable products which are not waste-derived.
III. "Commissioner" means the commissioner of the department of environmental services.
IV. "Compost" means a stable, humus-like substance which is derived from a process involving the biological decomposition of any readily biodegradable material, such as animal manure, garbage, yard waste, septage, sludge, or other organic solid wastes, and which can be beneficially re-used for land application.
IV-a. "Construction and demolition debris" means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.
IV-b. "Computer" means a free standing unit capable of manipulating data according to a list of instructions. It does not include devices with embedded computers, such as automobiles, robots, machines, toys, etc., where the primary function of the embedded computer is to control the function of the device.
V. "Department" means the department of environmental services.
VI. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or onto any land or water with the possible result that such solid waste or any constituent of it may enter the environment, be emitted into the air, or be discharged into any waters, including groundwater.
VII. "District" means a solid waste management district established under RSA 149-M:24.
VIII. "District plan" means the plan developed for waste management within a district. and approved by the department.
VIII-a. "Electronic waste" includes computer monitors containing a cathode ray tube, laptop computers, liquid crystal display (LCD) computer monitors, plasma and LCD televisions, printers, cell phones, copiers, fax machines, and video display media recorder/players.
VIII-b. "End-of-life motor vehicle" means a wrecked, worn-out, junk, or other motor vehicle that is no longer intended for use according to its original purpose and is destined for final disposal. The term does not include a motor vehicle that is being kept for repair or restoration, or that is temporarily impounded pending identification of last owner of record or settlement of an insurance claim.
IX. "Facility" means a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste.
IX-a. "General permit" means a permit which contains terms and conditions applicable to a specific category of facility, which applies to any facility in that category which has submitted the required information and agreed to abide by the stated terms and conditions.
X. "Hearing" means the opportunity for the submission of written or oral comments, or both.
X-a. "Incinerator" means a facility which employs a method of using controlled thermal combustion, including flame combustion, to thermally break down waste or other materials, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.
XI. "Manure" means animal feces and urine with natural organic bedding materials such as hay, sawdust, straw, or wood chips, but exclusive of human waste.
XI-a. "Motor vehicle crusher" means a mechanical device used to intentionally flatten and reduce the volume of end-of-life motor vehicles to facilitate the transportation of such vehicles to a scrap processing facility. The term includes both mobile and stationary devices. The term also includes loggers and balers.
XI-b. "Motor vehicle salvage facility" means a place where end-of-life motor vehicles are received, kept and drained, dismantled, or otherwise processed for final disposal at a scrap metal processing facility. The term shall not include any facility that does not require a license under RSA 236:111 through RSA 236:129.
XII. "Order" means an official written notice requiring compliance with a statute, rule, or permit.
XIII. "Out-of-state solid waste" means solid waste generated or originating outside the borders of the state, but not including solid waste generated or originating from communities participating in cooperative agreements authorized by RSA 53-D.
XIV. "Permit" means an authorization from the department for the construction and operation of a facility.
XV. "Person" means any individual; business entity, including a trust, firm, joint stock company, corporation (including a government corporation); partnership; association; government agency; or political subdivision of the state.
XVI. "Private facility" means one whose permit is held by a person other than a government unit or agency or political subdivision of the state.
XVII. "Public benefit" means the protection of the health, economy, and natural environment of the state of New Hampshire consistent with RSA 149-M:11.
XVIII. "Public facility" means one whose permit is held by a town or other governmental unit or agency or political subdivision of the state, or a combination thereof.
XIX. "Recyclable materials" means materials that can be used to produce marketable goods, including but not limited to separated clear and colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated cardboard, motor vehicle batteries, tires from motor vehicles, and paper.
XX. "Recycling" means the collection, storage, processing, and redistribution of recyclable materials.
XXI. "Refuse" means and includes any waste product, solid or having the character of a solid rather than a liquid in that it will not flow readily without additional liquid, and which is composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit, vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or the carcasses of animals; construction and demolition debris; or accumulated waste material, cans, containers, tires, junk, or other such substances which may become a nuisance.
XXII. "Solid waste" means any matter consisting of putrescible material, refuse, residue from an air pollution control facility, and other discarded or abandoned material. It includes solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. For purposes of this chapter, it does not include hazardous waste as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on-site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; municipal and industrial discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended; source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 , as amended; or septage or sludge as defined in RSA 485-A:2, IX-a and XI-a.
XXIII. "Solid waste management" means the systematic administration of activities for the collection, separation, processing, treatment, transportation, transfer, storage, recovery, and disposal of solid waste.
XXIV. "Source reduction" means changing industrial processes, technologies, and product components with the specific objective of reducing the amount or toxicity of waste at the source.
XXV. "Special waste" means any matter consisting of medical or infectious wastes.
XXVI. "State plan" means the state solid waste management plan developed under RSA 149-M:29.
XXVII. "Town" means town, city, unincorporated town, and unorganized place.
XXVII-a. "Transfer station" means a solid waste collection, storage, and transfer facility, which collects, stores, and transfers solid waste, including non-recyclable waste.
XXVIII. "Video display device" means a visual display component of a television or a computer, whether separate or integrated with a computer central processing unit/box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology, greater than 4 inches when measured diagonally, and its case, interior wires, and circuitry.
XXIX. "Video display media recorder/player" means an electronic component capable of playing and/or recording analog or digital video signal on or from various types of media, including magnetic tape, optically scanned disks, integral hard drives or other types of memory devices. This includes electronic components such as a videocassette recorder (VCR), a digital video disk (VDR) or a component with a digital hard drive.

Source. 1996, 251:2; 251:28. 1998, 112:1, 2, eff. Aug. 1, 1998. 2006, 171:1, eff. July 1, 2006. 2007, 127:1-3, eff. June 12, 2007; 128:4, eff. Jan. 1, 2008. 2008, 191:1-3, eff. Aug. 10, 2008. 2009, 126:1, 2, eff. June 22, 2009; 314:1, eff. Oct. 6, 2009.

Section 149-M:5

    149-M:5 Administration and Enforcement. – The department shall administer and enforce this chapter. The department is hereby named as the state agency for planning and regulating solid waste management.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.

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.

Section 149-M:7

    149-M:7 Rulemaking. –
The commissioner shall have the responsibility and authority to adopt rules, under RSA 541-A, relative to this chapter, including rules relative to:
I. Criteria for approving town and district solid waste plans.
II. Criteria for all types of facilities, including standards for the proper receipt, reclamation, or disposal of separated motor vehicle wastes.
III. Administration of a permit system, including the terms, conditions, and time frames under which the department shall issue, modify, suspend, revoke, deny, approve, or transfer permits required by this chapter, and means of noticing the public about such permits including, but not limited to, using electronic means via notice on the department's Internet website, and communicating permitting information with affected municipalities.
IV. A schedule of permit fees.
V. Standards for granting any exemptions or notice waivers from RSA 149-M:9.
VI. Administration of a solid waste facility operator training program pursuant to RSA 149-M:9, VI.
VII. Administration of and standards for the assessment and collection of the out-of-state solid waste surcharge pursuant to RSA 149-M:6, XI.
VIII. Standards and procedures for the treatment and disposal of special waste.
IX. Administrative fines as provided in RSA 149-M:16.
X. A schedule of administrative fines which may be imposed under this section for violation of this chapter as provided in paragraph IX.
XI. Procedures for notice and hearing prior to the imposition of an administrative fine.
XII. Administration of the aid to municipalities program provided in RSA 149-M:41 through 50.
XIII. Toxics reduction provided in RSA 149-M:32-40.
XIV. Establish minimum standards for closing all solid waste facilities according to type of waste disposed of, and establish state closure guidelines for all facility owners and operators which shall include, but not be limited to, monitoring, restoration, and correction and compliance procedures which may be necessary in the maintenance of a closed landfill facility.
XV. Requirements and best practices for facilities that compost organics, including vegetable matter, meat, meat byproducts, dairy products, or dairy product derivatives.
XVI. Such other rules as are deemed necessary to implement the provisions of this chapter.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:4, eff. Aug. 17, 2007. 2015, 107:1, eff. Aug. 4, 2015. 2019, 270:2, eff. Sept. 17, 2019. 2021, 17:1, eff. July 5, 2021.

Section 149-M:8

    149-M:8 Appeals. – Administrative appeals from decisions of the department made under the provisions of this chapter shall be heard by the waste management council under RSA 21-O:9, V.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:9

    149-M:9 Permit Required. –
I. No person shall construct, operate, or initiate closure of a public or private facility without first obtaining a permit from the department. However, no permit shall be required for hauling or storing manure, if used as fertilizer.
I-a. Persons maintaining or operating a motor vehicle salvage facility may elect to maintain and operate the facility under the provisions of the general permit established under RSA 149-M:59 instead of obtaining a standard permit under this section. Whichever permit is obtained under this chapter shall be in addition to a local license when required by RSA 236:111 through RSA 236:129.
I-b. Persons operating a motor vehicle crusher, whether mobile or stationary, may elect to operate the facility under the provisions of the general permit established pursuant to RSA 149-M:60 instead of obtaining a standard permit under this section. Whichever permit is obtained under this chapter shall be in addition to a local license when required by RSA 236:111 through RSA 236:129.
II. It shall be unlawful to transport solid waste to, or to dispose of solid waste at, any facility other than an approved facility.
III. Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The cost of any investigation under this paragraph shall be borne by the applicant. The applicant shall also demonstrate that the proposed facility provides a substantial public benefit pursuant to RSA 149-M:11.
IV. Each facility seeking a permit shall submit evidence that the facility includes separate provisions for the collection, reclamation, and disposal of motor vehicle waste.
V. As a condition for any permit, the department may require payment of a reasonable fee, set by rules adopted under RSA 149-M:7. Such funds shall be used by the department for the purposes of this chapter.
VI. No person shall operate a public or private facility who is not certified by the department.
VII. The issuance of a facility permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter. Local land use regulation of facility location shall be presumed lawful if administered in good faith, but such presumption shall not be conclusive.
VIII. The department shall act upon each permit application within the time periods specified in rules adopted under RSA 149-M:7. For permits requiring a public hearing under rules adopted under RSA 149-M:7, once the department determines that an application is complete, in no case, without prior written agreement regarding an extension with the applicant, shall the department take longer than 180 days to issue or deny the permit. For permits that do not require a public hearing under rules adopted under RSA 149-M:7, once the department determines that the application is complete, in no case, without the prior written agreement regarding an extension with the applicant, shall the department take longer than 120 days to issue or deny the permit. Prior to such action, the department shall provide notice of the application by publication in at least one newspaper of general circulation in the community and on the department's Internet website, and an opportunity for hearing to interested persons. The applicant shall notify abutters of the public hearing in writing by certified mail, return receipt requested. The requirement of public notice and hearing shall apply at the discretion of the department to facilities or activities that will have an insignificant effect on environmental quality as defined by rule under RSA 149-M:7.
IX. The department may deny a permit application under this section to a person if any of the following applies:
(a) The person fails to demonstrate sufficient reliability, expertise, integrity, and competence to operate a solid waste facility.
(b) The person has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.
(c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.
X. The department shall not issue a permit for a solid waste facility unless the facility meets the terms and conditions required in rules adopted by the commissioner. These terms and conditions include, but are not limited to, monitoring, contingency plans, closure, and evidence of financial responsibility in the amount set by the department after consultation with the commissioner of insurance. This amount shall be whatever is necessary to:
(a) Protect the public health and welfare and the environment; and
(b) Insure that appropriate measures will be taken to prevent present and future damage to the public health and safety or to the environment, in the event that the operations at the facility are abandoned, interrupted, or stopped.
XI. All permits shall be continuous in duration, but may be suspended or revoked for cause as provided in this chapter.
XII. No permit issued by the department under this section shall be transferred by the permittee to any other person without the prior written approval of the department. The following shall apply:
(a) Applications for the transfer of permits shall be filed by the person to whom such permit is to be transferred upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant.
(b) The applicant shall notify abutters of any application to transfer a permit under this section. The department shall receive written comments from abutters on such application for the period of 30 days following notification of the filing of the application. The department, at the discretion of the commissioner, shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit under this section. Notice of such public hearing shall be published in a newspaper of local circulation within the region of the public or private solid waste facility at least 2 weeks prior to such public hearing.
XIII. (a) No permit issued by the department to a town with a population of 5,000 persons or fewer shall require the town to clean up an inactive, municipally-owned, unlined landfill (inactive facility) if the town:
(1) Monitors the inactive facility in accordance with requirements established in RSA 485-C and RSA 149-M and rules adopted by the department.
(2) Continues to show, through monitoring devices, that the inactive facility is having no adverse impact, as defined in rules adopted by the department, on the environment.
(3) Has obtained approval of a closure plan from the department by January 30 of the calendar year in which the facility is scheduled to close by the department.
(b) A town which complies with the requirements of subparagraph (a) shall not lose grant funding for which the town is eligible under this chapter.
(c) This paragraph shall not apply to those facilities governed under the terms of 40 C.F.R. part 258.
XIV. The department shall not certify as a waste-derived product the wood component of construction and demolition debris, or any mixture of or derivation therefrom, to be combusted in any manner, except :
(a) Methane gas collected from the decomposition of waste at a facility authorized pursuant to this chapter as a landfill for the disposal of solid waste may be certified as a waste-derived product for distribution and use as a fuel, provided that it meets market fuel standards;
(b) As allowed under RSA 125-C:10-c, II(d).

Source. 1996, 251:2; 251:28; 261:10. 2003, 108:1, eff. Aug. 5, 2003. 2007, 127:4, eff. June 12, 2007. 2008, 191:5, eff. Aug. 10, 2008. 2018, 249:2, eff. Aug. 11, 2018. 2019, 270:1, eff. Sept. 17, 2019. 2021, 17:2, eff. July 5, 2021.

Section 149-M:10

    149-M:10 Disclosure of Ownership. –
I. Any application for a permit under RSA 149-M:9 shall be signed under oath by a representative of the applicant and shall contain the following information:
(a) Name and address of the applicant.
(b) If the applicant is a corporation, the state of incorporation, the address of its principal place of business, and the names and addresses of its directors, officers, and shareholders; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its principals, members or participants.
(c) The exact location where the applicant intends to conduct the business for which it is seeking the permit.
(d) Such financial information as the department may require under RSA 149-M:9.
II. All commercial solid waste haulers and municipalities holding a permit under RSA 149-M shall cause trash collection containers within their possession or control to be prominently marked with an identification name or logo.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.; 261:9, eff. July 1, 1996 at 12:01 a.m.

Section 149-M:11

    149-M:11 Public Benefit Requirement. –
I. The general court finds and declares as follows:
(a) It is responsible to provide for the solid waste management need of the state and its citizens.
(b) In order to provide for these needs, it must ensure that adequate capacity exists within the state to accommodate the solid waste generated within the borders of the state.
(c) Facilities necessary to meet state solid waste capacity needs must be designed and operated in a manner which will protect the public health and the state's natural environment.
(d) An integrated system of solid waste management requires a variety of types of facilities designed to accommodate the entire solid waste stream, including materials which can be recycled, recovered or reused, materials which can be composted, and residual materials which must be disposed of permanently.
(e) The enactment of statutes to address the needs identified in this section is an exercise of the police power granted to the general court under part II, article 5 of the New Hampshire Constitution.
II. The general court declares that it is the purpose of this chapter to ensure benefit to the citizens of New Hampshire by providing for solid waste management options which will meet the capacity needs of the state while minimizing adverse environmental, public health and long-term economic impacts.
III. The department shall determine whether a proposed solid waste facility provides a substantial public benefit based upon the following criteria:
(a) The short- and long-term need for a solid waste facility of the proposed type, size, and location to provide capacity to accommodate solid waste generated within the borders of New Hampshire, which capacity need shall be identified as provided in paragraph V.
(b) The ability of the proposed facility to assist the state in achieving the implementation of the hierarchy and goals under RSA 149-M:2 and RSA 149-M:3.
(c) The ability of the proposed facility to assist in achieving the goals of the state solid waste management plan, and one or more solid waste management plans submitted to and approved by the department under RSA 149-M:24 and RSA 149-M:25.
IV. The department shall also consider as part of its public benefit determination:
(a) The concerns of the citizens and governing bodies of the host municipality, county, and district and other affected persons. For any proposed solid waste facility, including transfer stations, designed to accommodate in excess of 30 tons of solid waste per day, the department shall hold at least one public hearing in the host municipality, or in the case of an unincorporated town or unorganized place in the host county, in order to take testimony to identify those concerns.
(b) The economic viability of the proposed facility, including but not limited to, its ability to secure financing.
V. In order to determine the state's solid waste capacity need, the department shall:
(a) Project, as necessary, the amount of solid waste which will be generated within the borders of New Hampshire for a 20-year planning period. In making these projections the department shall assume that all unlined landfill capacity within the state is no longer available to receive solid waste.
(b) Identify the types of solid waste which can be managed according to each of the methods listed under RSA 149-M:3 and determine which such types will be received by the proposed facility.
(c) Identify, according to type of solid waste received, all permitted facilities operating in the state on the date a determination is made under this section.
(d) Identify any shortfall in the capacity of existing facilities to accommodate the type of solid waste to be received at the proposed facility for 20 years from the date a determination is made under this section. If such a shortfall is identified, a capacity need for the proposed type of facility shall be deemed to exist to the extent that the proposed facility satisfies that need.
VI. All applicants under this chapter shall provide any information requested by the department. If an applicant declares that any information requested under this section should be considered exempt under RSA 91-A:5, IV, the attorney general shall determine the reasonableness of such declaration and, if the attorney general agrees, shall direct the department to treat it as confidential information which shall be considered exempt under RSA 91-A:5, IV.
VII. Any proposed solid waste facility to be owned and controlled by a solid waste district, or a member municipality on behalf of its solid waste district, shall be deemed to fulfill the requirements of subparagraph III(a), provided that it is built within the district and shall serve only the capacity needs of that district. Any permit issued for a facility which fulfills the public benefit requirement by relying on this paragraph shall state that the facility is limited to receiving solid waste generated within that district.
VIII. Each applicant for a solid waste permit under this chapter shall have the burden of demonstrating that a proposed solid waste facility provides a public benefit by showing how the proposed facility satisfies the criteria listed under paragraph III. Such demonstration shall be included as part of each application for a solid waste permit.
IX. If the department determines that an applicant has failed to demonstrate that it satisfies the criteria listed under paragraph III, it shall notify the applicant in writing that its application has been denied, and provide a written explanation of the reasons for that determination.
X. If the department determines that an applicant has demonstrated that it satisfies the criteria listed under paragraph III, it shall state that determination in any permit issued.
XI. Facilities permitted under this chapter shall be operated so as to provide a substantial public benefit consistent with the information submitted as part of the application concerning how the facility accommodates New Hampshire capacity needs. If a permittee cannot demonstrate consistency with information submitted in its permit application, and where it no longer meets needs identified in the state solid waste management plan and one or more solid waste management plans submitted to and approved by the department under RSA 149-M:25 due to circumstances beyond its control, as determined by the commissioner and the attorney general, the department shall not enforce this paragraph based solely upon such inconsistency.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:12

    149-M:12 Criteria for Approval, Suspension, or Revocation. –
I. The department shall approve an application for a permit only if it determines that the facility or activity for which the permit is sought will:
(a) Comply with this chapter and all rules adopted under it;
(b) Be consistent with the provisions of the state, district, and local plans; and
(c) Comply with federal and state air or water pollution statutes, regulations, and rules.
II. The department may suspend or revoke any permit issued under this chapter if, following an opportunity for hearing, it determines that:
(a) The permit holder has committed a violation of this chapter, or any rule, plan, order, or permit conditions in force under it; or
(b) The facility or activity covered by the permit presents an immediate and substantial threat to human health or the environment.
III. In processing applications for a permit under this chapter, the department shall comply with time limits prescribed in RSA 541-A:29, except the department shall not be required to issue a final decision on any application until 30 days after a public hearing held pursuant to RSA 149-M:11, IV(a) in order to assure proper consideration of public concerns.

Source. 1996, 251:2; 251:28. 1999, 54:2, eff. July 20, 1999.

Section 149-M:13

    149-M:13 Official Investigation. –
I. The attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter.
II. If, during the course of any investigation under this chapter, the attorney general believes a person may have information or be in possession, custody, or control of any document or other tangible object relevant to the investigation, before the institution of any court proceedings, the attorney general may serve upon the person a written demand for information, a subpoena to appear and be examined under oath, or a subpoena duces tecum to appear and produce the documents or objects for inspection and copying. A written demand for information may be mailed to the person believed to have such information. A subpoena or subpoena duces tecum of the attorney general may be served by the person designated in such subpoena to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation under this chapter. Any testimony given by any person so sworn shall be subject to the pains and penalties of perjury.
III. Any subpoena issued pursuant to this chapter shall:
(a) Describe the nature of the investigation.
(b) Describe the documents or objects with sufficient definiteness to permit them to be fairly identified.
(c) Prescribe a reasonable time at which the person shall appear to testify or within which the documents or objects shall be produced, and advise the person that objections to or reasons for not complying with the subpoena may be filed with the attorney general on or before that date.
(d) Specify a place for the taking of testimony or for the production of documents or objects and designate a person who shall be custodian of the documents or objects.
IV. A written demand for information issued pursuant to this chapter shall:
(a) Describe the nature of the investigation.
(b) Describe the information sought in connection with that investigation.
(c) Prescribe a reasonable time for complying with the information demand, and advise the person that objections to or reasons for not complying with the information demand may be filed with the attorney general on or before that date.
V. If a person objects to or fails to comply with the information demand, subpoena, or subpoena duces tecum served upon the person under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains the principal place of business or, if the person is a nonresident and has no principal place of business in this state, in Merrimack county superior court, a petition for an order of the court to enforce the subpoena or information demand. Notice of hearing and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds reasonable cause to believe that there may have been a violation of any provision of this chapter, and that the information, testimony, documents, or objects sought are relevant to the investigation, it shall order the person to provide the information, to appear for testimony, or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena or information demand the court prescribes.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:14

    149-M:14 Forfeiture of Property. –
I. Any property, including, but not limited to, equipment, vehicles, and real property used or intended for use in violation of this chapter, and any property constituting the proceeds of a violation of this chapter, including, but not limited to, money, may be seized by the state and forfeited to the state as provided in this section. Property seized under this section may be held by the state either as evidence of a violation of this chapter or in order to secure it prior to forfeiture proceedings.
II. The state may seize any interest in real property by filing in the registry of deeds in the county where the property is located a notice of attachment stating that the state has attached the identified property pursuant to this section.
III. The state shall have a lien on any property subject to forfeiture under this section upon seizure of such property. Upon forfeiture the state's title to the property relates back to the date of seizure.
IV. Within 30 days of the seizure of any property under paragraph I, the attorney general shall file a petition in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue an order of notice requiring the state to send by certified mail a copy of the petition to the owner of the property and to other persons appearing to have an interest in the property. If no such petition is filed within 30 days of the seizure of the property, that property shall be returned to its owner.
V. Within 30 days of receipt of the attorney general's petition for forfeiture, the court shall schedule a hearing. This hearing shall be conducted as a civil action. The court may order forfeiture of the property seized under paragraph I if the state establishes by a preponderance of the evidence that (a) the property was used or intended for use in violation of the chapter or that the property constitutes the proceeds of a violation of the chapter and (b) that the owner of the property knew or should have known that the property was used or intended for use in violation of the chapter or that the property constituted the proceeds of a violation of the chapter. At the request of any party to the forfeiture proceedings, the court may grant a continuance until the final resolution of any proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceedings.
VI. If forfeiture is granted, the attorney general shall provide for the disposition of the property forfeited in any manner not prohibited by law, including retention of the property for official use by law enforcement or other public agencies or by sale at public auction. The attorney general shall pay the reasonable expenses of the seizure, forfeiture proceeding, and sale of property from the proceeds of any public auction of forfeited items or from any penalty obtained under this chapter. All outstanding recorded liens on any property forfeited shall be paid in full within a reasonable time following the court proceedings.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:15

    149-M:15 Penalties and Other Enforcement. –
I. The department may issue an order to any person in violation of this chapter, a rule adopted under this chapter, or any condition in a permit issued under this chapter to comply with this chapter, the rule or the permit, and require such remedial measures as may be necessary. Any person to whom such an order is directed may appeal to the waste management council.
II. If the department finds that an emergency exists requiring immediate action to protect the public health, it may issue an order stating that an emergency exists and requiring that such action be taken as it judges necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but may appeal to the waste management council.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
IV. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be subject to a civil penalty not to exceed $25,000 for each violation, or for each day of a continuing violation.
V. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to paragraph III. Each day of violation shall constitute a separate offense.
VI. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, may be enjoined by the superior court upon application of the attorney general.
VII. Commercial trash haulers or municipalities violating the labeling requirements as provided in RSA 149-M:10, II shall be subject only to a fine of $50 per day per container, notwithstanding paragraphs III and IV.
VIII. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or as of right dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:29, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:16

    149-M:16 Administrative Fines. –
The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
I. A schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above.
II. Procedures for notice and hearing prior to the imposition of an administrative fine.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:17

    149-M:17 Town Responsibility and Authority. –
I. Each town shall either provide a facility or assure access to another approved solid waste facility for its residents. A town may choose whether to include any associated costs in its tax base.
II. (a) A town may make bylaws governing its facility and fixing reasonable rates for its use, and governing the separation and collection of refuse within the municipality and the registration of haulers collecting or disposing of refuse within the municipality, all in a manner not inconsistent with this chapter. Furthermore, a town may make bylaws requiring residents to deposit their refuse in specifically designated bags or containers, or in bags or containers that have attached to them a disposal sticker. Such bags, containers, or disposal stickers shall be sold or made available by the town at a reasonable price.
(b) Notwithstanding RSA 31:39, III, towns are authorized to levy civil penalties up to $3,000 for each act which violates the bylaws enacted pursuant to this paragraph. For violations for which any penalty provided in the bylaws is $500 or less, the official designated in the bylaws as the enforcement authority may issue a summons and notice of fine as provided in RSA 502-A:19-b, except that a copy of the fines for violations of the local bylaws shall be substituted for the uniform fine schedule. Defendants who are issued such summons and notice of fine may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear unless directed by the court.
III. Each town which participates in a solid waste management system developed by a district plan shall present the full amount of its individual cost of participation to its legislative body for funding.
IV. A town may contract, upon a majority vote of its legislative body, with the owners or operators of solid waste disposal facilities for the disposal of solid waste. Such contracts shall be for a term of years not to exceed 40 years. The contracts may contain guarantees of the amount of solid waste to be delivered for disposal, provided that the contract is in keeping with the policy set forth in RSA 149-M:2 and 149-M:3. In the event that a town's delivered tonnage falls below the level stipulated in contract, the town may procure tonnage from sources outside the town, in compliance with the public benefit requirements of RSA 149-M:11 and as provided in the contract. Contracts may contain provisions for payments based on such guarantees whether or not any subject facility is actually constructed or is operated to dispose of solid waste, and may be absolute, without right of reduction or set-off because of non-appropriation by the town or default by the owner or operator. Contracts may contain such other terms and conditions as the town may determine to be in its best interest.
V. A town may transfer, upon a majority vote of its legislative body, any land interest to the owner or operator of solid waste disposal facilities by deed or by lease of not more than 40 years. Transfer and use of land interests for solid waste disposal facilities shall constitute a public purpose for which towns may acquire land interests in any manner permitted by law.
VI. A town which charges fees for the use of a solid waste facility, or for any other type of solid waste disposal services, including collection, hauling, separation, recycling, or composting, may bill such fees to the owner of the property where the solid waste originates, or which is otherwise benefited by such services, irrespective of whether the facility or other services are provided by the town, another town, a combination of towns, a district, or by a private operator with which the town, towns, or district have contracted.
(a) The establishment of such fees shall be governed by RSA 41:9-a, or other applicable statute or charter provision.
(b) Such charges shall create a lien upon the benefited real estate.
(c) A town may collect such charges by the use of any of the collection procedures authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.
(d) Nothing in this paragraph shall be construed to prevent a town from collecting charges for solid waste disposal services in some other manner, including but not limited to collection at the facility at the time of disposal.

Source. 1996, 251:2, eff. Aug. 9, 1996; 261:8, eff. Aug. 9, 1996, at 12:01 a.m. 2007, 6:1, eff. July 1, 2007.

Section 149-M:18

    149-M:18 Town Reclamation Trust Funds. – A town which collects an additional fee under RSA 261:153, V shall create a town reclamation trust fund to receive the town share of such fee, to be used to pay the fees for the collection and disposal of the town's motor vehicle waste and to pay for the recycling and reclamation of other types of solid waste. For the purposes of this section, "motor vehicle waste" means used residential motor oil, residential motor vehicle batteries, and tires from residential motorized vehicles. "Residential", for the purposes of this paragraph, means any motor vehicle registered in a municipality which collects the fee assessed under RSA 261:153, V.

Source. 1996, 251:2, eff. Aug. 9, 1996. 2013, 168:1, eff. July 1, 2013.

Section 149-M:19

    149-M:19 Regional Cooperation. – The selectmen of towns, the county commissioners for each county in which there are located unincorporated towns or unorganized places, the mayor and council of each city and the commissioners of each county are authorized to enter into cooperative agreements with other towns, cities, unincorporated towns, unorganized places, and counties to provide a regional facility for the management of solid waste at mutually agreed upon sites. The selectmen, mayor and council, or commissioners, as the case may be, are authorized to expend funds received from any source to establish and maintain such regional facilities and provide for sharing the costs of establishing and maintaining such facilities in an equitable manner.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:20

    149-M:20 Unincorporated Towns and Unorganized Places. – For each unincorporated town or unorganized place, the county in which it is located and its commissioners shall have the same solid waste disposal responsibilities as a town and its governing body. The cost of providing a facility for an unincorporated town or unorganized place shall be dealt with in the same manner as real estate under RSA 28:7.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:21

    149-M:21 Failure to Provide Facilities. –
If any town fails to provide an approved disposal facility as required under RSA 149-M:17, the following steps shall be taken:
I. The department shall conduct an investigation of opportunities for joint action with other towns, the availability of private facilities, and possible facility sites within the town.
II. The department shall report findings to the district and town, and seek local agreement to an acceptable solution to the waste problem.
III. If no agreement is reached within 60 calendar days after the findings are delivered, the department shall schedule and hold a public hearing in the town. Notice of the hearing shall be posted in 2 or more public places in the town for at least 14 calendar days before it is held.
IV. If no agreement is reached within 45 calendar days after the hearing, the department shall either order the town to participate in an existing or planned approved facility, or shall recommend that land within the town be taken by eminent domain for the establishment of an approved facility.
V. If the department determines that land shall be taken, the department shall institute eminent domain proceedings in accordance with RSA 498-A.
VI. The department shall be responsible for the facility's design and construction.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:22

    149-M:22 Facility Built by State. –
If land is taken for construction of a facility:
I. The property shall be held in the name of the state and shall not be taxed.
II. Upon completion, the facility shall be operated by the town in accordance with the facility plan.
III. At the time of the taking, the department shall certify to the commissioner of revenue administration the costs of establishing the facility. The certification shall be revised when the facility is complete to reflect actual costs, including land, buildings, equipment, administration, planning, consultants, and any other necessary costs.
IV. The commissioner of revenue administration shall assess the costs on the town over a 20-year period. Each annual assessment shall include the interest on any debt incurred by the state for this purpose. The assessment shall be made as provided in RSA 21-J:15 and RSA 81.
V. When all costs and interest are paid, the property shall be deeded to the town, or in the case of an unincorporated town or unorganized place, to the county.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m. 2013, 247:5, eff. Mar. 24, 2014.

Section 149-M:23

    149-M:23 Solid Waste Management Planning. –
Each town is responsible for continued and ongoing planning for solid waste management within its boundaries. In meeting this planning requirement, the town shall consider:
I. Environmental impact.
II. Economic impact.
III. Area impact, including the planning processes, plans, and solid waste management practices of other area towns.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:24

    149-M:24 Districts and Subdistricts; Powers; Responsibilities. –
I. Each town shall participate in planning efforts, either as a town or as a solid waste management district. Towns or districts formed by area towns shall be the basis for developing a town or district solid waste management plan. Subdistricts may be formed, the plans of which will be included in the district plan for purposes of implementation. Each town, whether it has entered into a district voluntarily or has been assigned to a district, shall remain in such a district in order to participate in a solid waste management plan pursuant to paragraph IV and may withdraw from that district only after the town has:
(a) Obtained approval by a majority vote of district committee members of the solid waste management district or cooperative of which the municipality is currently a member.
(b) Paid its proportionate equitable share of the district expenses and debt, including long-term debt incurred by the district.
II. In implementing their responsibilities under this chapter, towns may enter into a written agreement, which may be:
(a) A service contract;
(b) A memorandum of understanding;
(c) A formal inter-municipal cooperative agreement under RSA 53-A;
(d) A formal inter-municipal cooperative agreement under RSA 53-B; or
(e) Any other written agreement deemed appropriate by member towns.
III. Each district shall file a copy of its organizational agreement with the department upon execution.
IV. Each town or district shall prepare and maintain an "approvable" solid waste management plan which is consistent with the state plan and demonstrates consideration of existing solid waste agreements and environmental and economic factors in the area. An "approvable" plan is one which contains information required by rule, in a form and with sufficient detail to demonstrate compliance with this provision.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:31, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:25

    149-M:25 Minimum Plan Requirements. –
I. Each plan shall:
(a) Estimate the types, weights, and volumes of solid waste generated, including wet-cell batteries, used motor oil, tires, demolition debris, and waste particular to the district or municipality, current and available methods of disposal and treatment, and the types, weights, and volume of recyclable materials that can be recovered and recycled.
(b) Develop future projections of the types, weights, and volumes of waste generated, and the types and amounts of solid waste materials that can be recovered and recycled based on current and future population growth trends.
(c) Identify numbers, types, and capacities of operating facilities in the district or town in compliance with this chapter, and the location, type, and capacity of any proposed facilities.
(d) Establish a process by which those facilities with known or suspected groundwater contamination or emission problems can develop a remedial action plan, including funding requirements and funding mechanisms.
(e) Demonstrate a capacity or implementation plan for disposal for 10 years and an ongoing planning process as required in RSA 149-M:23 for 15 years from the date of filing of the plan. Each such plan shall be reviewed by the department at least once every 5 years from the date of submission.
(f) Identify the means by which district members shall develop, construct, operate, or otherwise implement the solid waste management methods described in the plan.
II. Each plan shall be reviewed and commented upon by the department. The department or a district or town may request a hearing on the plan as submitted. The department may approve, require modification of, or disapprove of any plan with cause stated and shall finally act upon each plan within 120 days of submission. Within 60 days after receipt of written notice of approval of the plan by the department, the town or district and each town in the district shall begin implementing the plan.
III. Each district and town shall be responsible for demonstrating continuous compliance with its plan as approved by the department. Should the department determine that a district or town is not in compliance, it shall issue a remedial order.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:31, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:26

    149-M:26 State Policy and Antitrust Exemption. – To promote the state's interest in safe, clean, and efficient management and disposal of solid waste, it is hereby declared to be the policy of the state of New Hampshire that competition and enterprise may be displaced or limited by towns and counties, acting alone or in cooperatives or districts permitted under RSA 53-A or RSA 53-B, in the exercise of the powers, authorities, and responsibilities granted to them in this chapter as necessary to carry out the purposes of this chapter. The intent of this section is to exempt towns, counties, cooperatives, and districts so exercising such powers, authorities, and responsibilities from any liability therefor under RSA 356 and under federal antitrust laws.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:27

    149-M:27 Refuse Reduction. –
I. If the department finds that an emergency exists requiring immediate action to protect the public health, it may issue an order suspending all or any part of this section during such emergency.
II. No wet-cell batteries shall be disposed of in a solid waste landfill facility or composting facility or incinerator, whether in a waste-to-energy facility or otherwise.
III. (a) No leaf or yard waste shall be disposed of in a solid waste landfill or incinerator including any waste-to-energy facility. Any person who violates this paragraph shall be subject to the penalties and enforcement provisions of RSA 149-M:15 and 16.
(b) Subparagraph (a) shall not apply to municipalities organized under RSA 53-A or RSA 53-B, if application of the paragraph would cause the municipality to violate or incur penalties under legal obligations existing on January 1, 1993.
(c) Subparagraph (a) shall not apply to municipalities organized under 1986, 139, or entities with which such municipalities contract until June 30, 2009.
(d) Solid waste landfills and incinerators shall not be in violation of subparagraph (a) if, at a minimum, the facility has implemented any of the following:
(1) Posting signs at the facility providing notice of the prohibition against disposing of leaf and yard waste.
(2) Written notification to, or agreements with, the facility's customers providing notice of the prohibition against disposing of leaf and yard waste.
(3) Implementation of a procedure for periodically monitoring incoming waste to detect leaf and yard waste at the facility and a process to notify customers that they have delivered such waste in violation of subparagraph (a).
IV. (a) No person shall dispose of any video display device, central processing unit of a computer, or non-mobile video display media recorder/player in any solid waste landfill or incinerator in New Hampshire after July 1, 2007.
(b) Owners or operators of such facilities shall not be found to have knowingly disposed of a video display device, central processing unit of a computer, or non-mobile video display media recorder/player if the facility has implemented mechanisms to avoid such disposal which shall include, at a minimum, posting of signs at the facility or providing written notification to, or agreements with, the facility's customers concerning the disposal prohibition.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m; 261:12, eff. Aug. 9, 1996 at 12:01 a.m. 2005, 265:6, eff. July 22, 2005. 2006, 171:2, eff. July 1, 2006. 2009, 126:3, eff. June 22, 2009.

Section 149-M:28

    149-M:28 Restrictions on Battery Sales and Disposal; Exemptions. –
I. (a) Except as provided in subparagraph (b), no person shall sell or offer for sale in New Hampshire an alkaline manganese battery manufactured on or after January 1, 1993, which battery contains more than 0.025 percent mercury by weight of the battery.
(b) No person shall sell or offer for sale in New Hampshire alkaline manganese batteries having sizes and shapes resembling buttons or coins which have a mercury content of more than 25 milligrams of mercury per battery.
(c) A manufacturer shall not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains added mercury, unless the commissioner grants an exemption pursuant to paragraph II of this section.
II. (a) On application by a manufacturer, the commissioner may exempt a manufacturer from the requirements of subparagraph I(c) if the manufacturer demonstrates that:
(1) Since July 11, 1992, the manufacturer has worked in good faith to develop mercury-free alkaline manganese batteries which, with respect to safety, leakage, capacity, rate capability and shelf life, are as good as alkaline manganese batteries containing no more than 0.025 percent mercury produced by that manufacturer on January 1, 1993; and
(2) If granted that exemption, the manufacturer shall continue to work in good faith to achieve the goals described in subparagraph (a)(1).
(b) An exemption granted by the commissioner under this paragraph shall be effective for 2 years and may be renewed.
III. A manufacturer shall not sell, distribute, or offer for sale in New Hampshire a zinc-carbon battery that contains an added mercury concentration level of more than 10 parts per million by weight for batteries manufactured on or after January 1, 1993.
IV. No person shall dispose of mercuric oxide batteries in New Hampshire except in a manner approved by the department under rules adopted pursuant to RSA 541-A.
V. No person shall sell or offer for sale in this state any consumer product manufactured after July 1, 1993, which is powered by a small, sealed, nickel-cadmium or small, sealed, lead acid battery unless:
(a) The battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed.
(b) Such product, the package containing such product, or the battery itself is clearly labeled in a manner which is visible and understandable to the consumer prior to purchase indicating that the battery must be recycled or disposed of properly.
(c) The battery must be clearly identifiable as to the type of electrode used in the battery.
(d) The battery or battery pack itself is labeled with the name of the manufacturer.
VI. The commissioner may authorize the sale of a consumer product which does not comply with the provisions of paragraph V, if such product was available for sale on or before July 11, 1992, and the commissioner determines that the redesign of such product to comply with this section would result in significant danger to public health and safety. Any authorization under this paragraph shall be limited to 2 years and may not be renewed.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m.

Section 149-M:29

    149-M:29 State Solid Waste Plan and Report. –
I. Beginning October 1, 2022, in accordance with the state waste planning update schedule requirements of this section dating to October 1, 1998, and every 10 years thereafter, the department shall update the state's solid waste plan, which shall be made available for public review and comment before final publication, and which shall contain, at minimum, the following elements:
(a) Goals, strategies, and actions to reduce solid waste generation through source reduction, to increase diversion through methods such as reuse, recycling and composting, and to achieve the state's solid waste disposal reduction goal, with such efforts incorporating the principles of the solid waste management hierarchy established in RSA 149-M:3.
(b) Discussion of opportunities to reduce solid waste generation through source reduction and increase diversion through methods such as recycling and composting.
(c) Goals, strategies, and actions necessary to maintain and ensure adequate disposal capacity for management of waste generated in New Hampshire.
II. Beginning October 1, 2023 and every odd-numbered year thereafter, the department shall prepare a report on the level of achievement in reaching the goal established in RSA 149-M:2 and on proposed strategies for achieving the goal and any proposed changes to the goal. The report shall contain information regarding:
(a) The generation of solid waste in the state.
(b) The disposal of solid waste in the state, including figures on how the management compares with the hierarchy of preferred methods.
(c) Projected state solid waste management and capacity needs.
(d) State and regional trends in solid waste management.
(e) Congressional actions and court rulings that affect solid waste decisions.
(f) On-going efforts by the department and other organizations in the state involved in solid waste issues.
(g) The department's solid waste programs and their focus.
(h) [Repealed.]
(i) A listing of organizations which can provide assistance with solid waste management.

Source. 1996, 251:2; 251:32. 1999, 43:2, eff. May 20, 1999. 2010, 368:28, III, eff. Dec. 31, 2010. 2015, 259:20, eff. July 1, 2015. 2021, 188:6, 7, eff. Oct. 9, 2021.

Section 149-M:29-a

    149-M:29-a Hauler Registration. –
I. Haulers shall register to do business in New Hampshire with the department, at no cost to the hauler. Each hauler shall report by March 31 of each year to the department, on forms provided by the department, the following information relative to the prior calendar year:
(a) Quantities of solid waste, including recyclables, collected in the state;
(b) The municipalities from which the solid waste was collected; and
(c) The disposal point or recycling facility to which the solid waste was delivered.
II. Quantities shall be stated in tons by type of material, from actual scale weights or from estimates stated in cubic yards using conversion factors supplied by the department.
III. For purposes of this section, "hauler" shall mean a person engaged for profit in the collection, transportation, or delivery of solid waste, including recyclable materials, collected from New Hampshire residential, municipal, industrial, or commercial sources for disposal or recycling.

Source. 2008, 286:1, eff. Aug. 26, 2008.

Section 149-M:30

    149-M:30 Cleanup of Waste Sites; Priorities; Rulemaking. –
I. (a) In addition to any other powers conferred upon cities, towns, districts and counties by this chapter or by RSA 147-B, cities, towns, districts, and counties shall have the power to finance costs incurred for the closing and cleanup of landfills and other solid waste facilities and for the closing and cleanup of hazardous waste sites, excluding Superfund sites, as provided in RSA 147-B. Considerations for determining priority for eligibility to incur debt in the form of bonds guaranteed by the state of New Hampshire for solid waste landfill closure and cleanup of hazardous waste sites shall be as follows, in order of highest to lowest priority:
(1) Facility poses immediate risk to human health.
(2) Facility poses potential risk to human health.
(3) Facility with high level source of contamination identified.
(4) Facility with surface water impact identified.
(5) Facilities with approved closure plans ready for construction.
(6) Facilities with closure plans that have been deemed complete.
(7) Facilities for which hydrogeological investigations have been completed in accordance with an approved workscope and which have obtained a groundwater management permit and are actively engaged in the final design of the closure system.
(8) Facility shows groundwater impact with no alternate water supply in area.
(9) Facility shows high concentration of groundwater contamination with alternate water supply in area.
(10) Facility shows low concentration of groundwater contamination with alternate water supply available.
(b) Project priority may be adjusted by the commissioner when such adjustments are determined to be required to further protect public health and the environment.
II. If the amount of bonds authorized in a given year exceeds the annual bond limit, the commissioner shall recommend allocation of the bond guarantees based on the priority ranking system under paragraph I.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:3, eff. Aug. 17, 2007.

Section 149-M:31

    149-M:31 State Guarantee. –
I. In view of the public benefits resulting from the proper closing of landfills and other solid waste facilities and for the closing and cleanup of qualifying hazardous waste sites, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at no time in excess of the total aggregate sum for the entire state of $10,000,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any city, town, district, or county for the closing and cleanup of any landfill or any other solid waste facility or the closing and cleanup of any hazardous waste site, excluding Superfund sites, and the full faith and credit of the state are pledged for any such guarantee. The outstanding amount of principal and interest on such bonds and notes, the payment of which has been guaranteed by the state under the provisions of this section, shall at no time exceed the amount of $10,000,000.
II. The state's guarantee shall be endorsed on such bonds or notes by the state treasurer, and all notes or bonds issued with the state guarantee shall be sold at public sealed bidding to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it in an action against a municipality or county, as provided in RSA 530, provided, further, that in accordance with RSA 35-A:29, the foregoing requirement for public sealed bidding shall not be applicable to any bonds or notes, or both, so guaranteed which are sold to the New Hampshire municipal bond bank, and any bonds or notes, or both, so guaranteed may be sold to the New Hampshire municipal bond bank at private sale in accordance with the provisions of RSA 35-A.

Source. 1996, 251:2, eff. Aug. 9, 1996. 2008, 49:3, eff. July 1, 2008.

Toxics Reduction

Section 149-M:32

    149-M:32 Statement of Purpose. – The general court finds that the presence of heavy metals in packaging is to be considered a matter of concern in connection with the overall solid waste stream because such metals are likely to be present in leachate when packaging is landfilled or in emissions when packaging is incinerated. The general court further finds that lead, cadmium, mercury, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern and that elimination of the addition of these heavy metals to packaging is a desirable first step in reducing the toxicity of packaging waste. Further, the general court finds that such a reduction in the toxicity of packaging waste should be accomplished without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:33

    149-M:33 Definitions. –
In this subdivision:
I. "Distribution" means the practice of taking title to a package or packaging components for promotional purposes or resale. Persons involved solely in delivering a package or packaging components on behalf of third parties are not considered distributors.
II. "Distributor" means any person, firm, or corporation which takes title to goods produced either domestically or in a foreign country purchased for resale.
III. "Incidental presence" means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.
IV. (a) "Intentional introduction" means the act of deliberately utilizing a regulated metal in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.
(b) "Intentional introduction" does not mean:
(1) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, whereupon the incidental retention of a residue of such metal in the final package or packaging component is neither desired nor deliberate, if the final package or packaging component is in compliance with RSA 149-M:34, III.
(2) The use of recycled materials as feed stock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of the regulated metals, if the new package or packaging component is in compliance with RSA 149-M:34, III.
V. "Manufacturer" means any person producing a package or packaging component.
VI. "Manufacturing" means physical or chemical modification of a material to produce packaging or packaging components.
VII. "Package" means any container, produced either domestically or in a foreign country, providing a means of marketing, protecting, or handling a product. "Package" shall include a unit package, an intermediate package, or a shipping container as defined in the American Society for Testing and Materials (ASTM), public number D-996. "Package" shall also mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil, and other trays, wrappers and wrapping films, bags, and tubs.
VIII. "Packaging component" means any individual assembled part of a package which is produced either domestically or in a foreign country, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 shall be considered as a single package component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the American Society for Testing and Materials (ASTM) specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.
IX. "Post-consumer material" means only those products generated by either a commercial entity or consumer which have served their intended end uses and which have been separated or diverted from solid waste for the purposes of collection, recycling, and disposition.
X. "Supplier" means any person who sells, offers for sale, or offers for promotional purposes packages or packaging components which shall be used by any other person to package a product.

Source. 1996, 251:2. 1999, 54:3, 4, eff. July 20, 1999.

Section 149-M:34

    149-M:34 Prohibition; Schedule for Removal of Intentional and Incidental Amounts. –
The schedule for removal of lead, cadmium, mercury, or hexavalent chromium in any package or packaging component shall be as follows:
I. No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state of New Hampshire which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution. This prohibition shall not apply to the incidental presence of any of these elements.
II. No product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state of New Hampshire in a package which includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution. This prohibition shall not apply to the incidental presence of any of these elements.
III. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in any package or packaging component shall not exceed 100 parts per million by weight (0.01 percent).

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:35

    149-M:35 Exemptions. –
I. All packages and packaging components shall be subject to this subdivision, except the following:
(a) Those packages or packaging components with a code indicating that the date of manufacture was prior to April 27, 1990.
(b) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law, provided that the manufacturer of a package or packaging component petitions the commissioner for an exemption from the provisions of this subdivision for a particular package or packaging component based upon compliance with health or safety requirements of federal law. The commissioner may grant an exemption for no more than 2 years and such an exemption may, upon reapplication for exemption and meeting the criterion for exemption under this paragraph, be renewed at 2-year intervals.
(c) A package or packaging component in which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process for which there is no feasible alternative, provided that the manufacturer of a package or packaging component shall petition the commissioner for an exemption from the provisions of this subdivision for a particular package or packaging component based upon this criterion and shall submit such documentation as is necessary to support the request for the exemption. The commissioner may grant an exemption for no more than 2 years if warranted by the circumstances, provided that such an exemption may, upon reapplication for exemption and meeting the criterion for exemption under this paragraph, be renewed at 2-year intervals. For purposes of this paragraph, a use for which there is no feasible alternative is one in which the petitioner conclusively demonstrates that the regulated substance is essential to the protection, safe handling, or function of the package's contents and that technical constraints preclude the substitution of other materials. "No feasible alternative" does not include use of any of the regulated metals for the purposes of marketing.
(d) Packages and packaging components that would not exceed the maximum contaminant levels set forth in RSA 149-M:34, III, but for the addition of recycled materials; provided that the exemption shall not apply to any cadmium, lead, mercury, or hexavalent chromium that has been recovered and separated from other materials for use as a metal or a metallic compound; and provided that the packages or packaging components do not exceed a maximum concentration limit of 200 parts per million for the use of the 4 metals.
(e) A package or packaging component that is reused but exceeds contaminant levels established in RSA 149-M:34, III, provided that the product conveyed by such packages or the packaging component is regulated under federal or state health or safety requirements; and provided that transportation of such packaged product is regulated under federal or state transportation requirements, and provided that disposal of such package is performed according to federal or state radioactive or hazardous waste disposal requirements, and provided that the manufacturer or distributor of the packages and packaging components notifies the department of the applicability of an exemption under this subparagraph to its packages or packaging components, and provided that an exemption under this subparagraph shall expire on January 1, 2020.
(f) A package or packaging component having reusable entities, which means a controlled distribution and reuse, that exceed the contaminant levels established in RSA 149-M:34, III, provided that the manufacturers or distributors of such package or packaging component shall petition the commissioner for exemption and receive approval from the commissioner, working with the Toxics in Packaging Clearinghouse according to standards for a plan established in this section and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels established in RSA 149-M:34, III; and provided that an exemption under this subparagraph shall expire on January 1, 2020.
(g) Those packages or packaging components containing liquor, as defined in RSA 175:1, XLII, manufactured prior to April 27, 1990.
(h) A package or packaging component that is glass or ceramic which has a vitrified label that, when tested in accordance with Toxicity Characteristic Leaching Procedure, test Method 1311, published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, does not exceed one part per million for cadmium, 5 parts per million for lead, or 5 parts per million for total chromium. Mercury shall not be exempted by this provision.
II. A plan to be proposed by the manufacturer or designee seeking an exemption shall include each of the following elements:
(a) A means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought.
(b) A method of regulatory and financial accountability so that a specified percentage of such reusable entities manufactured and distributed to other persons are not discarded by those persons after use but are returned to the manufacturer or designee.
(c) A system of inventory and record maintenance to account for the reusable entities placed in, and removed from, service.
(d) A means of transforming returned entities that are no longer reusable into recycled materials for manufacturing or into manufacturing waste which are subject to existing federal or state laws or regulations governing such manufacturing waste to ensure that these wastes do not enter the commercial or municipal waste stream.
(e) A system of annually reporting to the commissioner changes to the system and changes in designees.
(f) A description of efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

Source. 1996, 251:2. 1999, 54:5, eff. July 20, 1999. 2008, 41:1, eff. July 11, 2008. 2009, 167:2, 3, eff. June 30, 2009.

Section 149-M:36

    149-M:36 Certificate of Compliance. –
I. A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this subdivision shall be furnished by its manufacturer or supplier to its purchaser. If compliance is achieved under RSA 149-M:34, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies thereof, shall be furnished to the department and to members of the public in accordance with RSA 149-M:39.
II. If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:37

    149-M:37 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Procedures for petitions for exemption pursuant to RSA 149-M:35, including renewals of exemptions.
II. Procedures for certificates of compliance pursuant to RSA 149-M:36.
III. A schedule of administrative fines which may be imposed under RSA 149-M:38, VI.
IV. Procedures for notice and hearing prior to the imposition of an administrative fine under RSA 149-M:38, VI.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:38

    149-M:38 Enforcement. –
I. The commissioner may issue an order to any person in violation of this subdivision, any rule adopted under this subdivision or any condition in any exemption granted under this subdivision to comply with the subdivision, the rule or condition, and may require such remedial measures as may be necessary.
II. The commissioner may request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction, or both, to enforce any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision.
III. Any person who knowingly violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate violation.
IV. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to paragraph III.
V. Any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be subject to a civil forfeiture not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
VI. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each violation upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of other penalties under this chapter.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:39

    149-M:39 Public Access. – Any member of the public may request a certificate of compliance from a manufacturer or supplier of packaging or of a packaging component. The request shall be in writing and shall specifically state the packaging component or package information requested. A copy of the written request shall be provided to the department. The manufacturer or supplier of the package or packaging component shall respond in writing within 60 days of receiving such request. A copy of the response shall also be provided to the department.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:40

    149-M:40 Severability. – If any provision of this subdivision or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provisions or applications, and to this end the provisions of this subdivision are severable.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Aid to Municipalities for Closure of Unlined Solid Waste Landfills and Certain Municipal Incinerators

Section 149-M:41

    149-M:41 Declaration of Policy. – In recognition of the potential for harm to both public health and the environment which can result from an unlined solid waste landfill that has not been properly closed or from a municipal incinerator without adequate emissions controls, it is hereby declared to be the policy of this state to encourage municipalities to close all unlined solid waste landfills and certain municipal incinerators in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.

Source. 1996, 251:2. 1999, 347:3, eff. Jan. 21, 2000.

Section 149-M:42

    149-M:42 Definitions. –
In this subdivision:
I. "Closure" means the process used to permanently cease use of a facility, or portion of such facility, in a manner that will minimize future risks of environmental damage.
II. "Department" means the department of environmental services.
III. "Eligible costs" means the costs of the closure of a solid waste landfill or municipal incinerator eligible to be covered by the grant established by this subdivision, and shall include costs of hydrogeological and engineering investigation and design, capital construction of closure elements required by rules adopted pursuant to RSA 149-M:7, and construction supervision. Eligible costs shall exclude land acquisition, except for land which is necessary to the physical elements of closure of either an unlined landfill or a municipal incinerator, and any administrative, legal, and fiscal costs related to the closure. "Eligible costs" shall be reduced by amounts received by the municipality from third party sources such as insurance policies, federal assistance, or individuals or entities who have or may have liability for closure costs due to waste disposal activities, but not by benevolent gifts received from third party sources having no liability for closure costs.
IV. "Municipal incinerator" means any of the 18 municipally owned solid waste incinerators constructed prior to July 1, 1998, excluding any designed or intended primarily to burn construction or demolition debris, special wastes, motor vehicle wastes, asbestos, or contaminated soil or other absorbent media. The 18 facilities shall be the waste to energy facility operated by the Lamprey Regional Solid Waste Co-operative in Durham, the waste-to-energy facility operated by the city of Portsmouth at the former Pease Air Force base, and the incinerators located in the following municipalities: Auburn, Bridgewater, Candia, Canterbury, Durham, Lincoln, Litchfield, Nottingham, Ossipee, Pelham, Pittsfield, Plymouth, Sutton, Wilton, Windham, and Wolfeboro.

Source. 1996, 251:2. 1999, 347:4, 5. 2002, 186:1, eff. July 14, 2002.

Section 149-M:43

    149-M:43 State Contributions. – The state shall pay annually 20 percent of the annual amortization charges, meaning the principal and interest, on the eligible costs resulting from the closure of unlined solid waste landfills by municipalities, or the closure of eligible municipal incinerators, in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.

Source. 1996, 251:2. 1999, 347:6, eff. Jan. 21, 2000.

Section 149-M:44

    149-M:44 Equitable Allocation of Costs. – Notwithstanding any other provision of this subdivision, the department shall not approve any contribution under RSA 149-M:43 unless it shall first have information presented to it by the applicant that the applicant has adopted a system of setting aside municipal revenues dedicated to the closure of all publicly owned or operated solid waste facilities in the municipality.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:45

    149-M:45 Application for Grant. – Application for a grant under the provisions of this subdivision shall be made in accordance with rules adopted by the commissioner under RSA 541-A.

Source. 1996, 251:2, eff. Aug. 9, 1996.

Section 149-M:46

    149-M:46 Application Agreement. – Applications for state grants under this subdivision shall contain an agreement that the applicant has closed or shall close the unlined solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department, pursuant to rules adopted by the commissioner under RSA 541-A, and will provide proper post-closure monitoring and maintenance of the landfill, or incinerator, if required. Such plans and specifications shall not be more stringent than federal requirements. Failure to close the solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department or to provide proper post-closure monitoring and maintenance of the landfill or incinerator site, if required, shall result in loss of payments of the annual grant installment next following such failure. Such loss of payment of the annual grant installment shall continue in effect until such time as the municipality has completed the steps necessary to close the landfill in accordance with plans and specifications approved by the department and has provided proper post-closure monitoring and maintenance of the landfill or incinerator site, if required.

Source. 1996, 251:2. 1999, 347:7, eff. Jan. 21, 2000.

Section 149-M:47

    149-M:47 Eligibility and Priority of Applications. –
I. The department shall establish and maintain a list of closures eligible to receive grants pursuant to RSA 149-M:43. The list shall identify the projects in priority order beginning with the highest priority as set forth in RSA 149-M:49.
II. The list for each fiscal year shall be prepared based on information supplied to the department by the applicant no later than February 1 prior to the beginning of each fiscal year.
III. The commissioner or designee shall hold an annual public hearing to receive testimony on the list of solid waste landfills or municipal incinerators proposed for each fiscal year. After considering the testimony offered at the hearing, the commissioner shall prepare the final list, and assistance shall be granted in the fiscal year accordingly.
IV. Notwithstanding any other law to the contrary, the provisions of this section shall not be subject to RSA 541-A.

Source. 1996, 251:2. 1999, 347:8, eff. Jan. 21, 2000.

Section 149-M:48

    149-M:48 Assistance to Municipalities. –
The department shall have the duty to:
I. Provide advice to municipalities engaged in:
(a) Preliminary project planning and design;
(b) Development of closure plans; or
(c) Development of grant applications for funding under this subdivision.
II. Review and approve preliminary and final closure plans for the proposed project, in accordance with 42 U.S.C. Section 9601, et seq., and RSA 147-B, 149-M:6 and 149-M:7.
III. Review and approve revisions or formal addenda to approved plans and specifications.
IV. Process grant applications for state approval.
V. Perform periodic site inspections as necessary.
VI. Review and approve change orders during the construction period.
VII. In conjunction with the applicant's qualified professional engineer, conduct an inspection of the landfill or incinerator upon completion of the closure work to approve substantial completion.
VIII. Based upon a satisfactory construction completion inspection, and the receipt of as-built drawings for landfills and a report for incinerators, review and approve final eligible project costs.

Source. 1996, 251:2. 1999, 347:9, eff. Jan. 21, 2000.

Section 149-M:49

    149-M:49 Priorities. –
Considerations for determining eligibility for assistance shall be as follows, in order of highest to lowest priority:
I. Facilities with closure plans that have been approved and are ready for construction, and within this group the priority shall be as follows:
(a) Facility poses an immediate risk to human health.
(b) Facility poses a potential risk to human health.
(c) Facility has an identified high level source of contamination.
(d) Facility has an identified surface water or air quality impact.
(e) Facility has an approved closure plan ready for construction.
II. Facilities with closure plans that have been deemed complete, and within this group the priority shall be as follows:
(a) Facility poses an immediate risk to human health.
(b) Facility poses a potential risk to human health.
(c) Facility has an identified high level source of contamination.
(d) Facility has an identified surface water or air quality impact.
(e) Facility has a closure plan that has been deemed complete.
III. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with a work plan approved by the department, which have obtained a groundwater permit, if required, and which are actively in the process of having a closure system designed.
IV. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with an approved workscope and for which closure is actively being pursued.
V. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.
VI. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is available.
VII. Facilities which show low concentrations of groundwater contamination in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.

Source. 1996, 251:2. 1999, 347:10-12, eff. Jan. 21, 2000.

Section 149-M:50

    149-M:50 Applicability; Reimbursement of Eligible Costs. – The department shall determine the eligible costs of each municipal solid waste landfill completed between fiscal year 1985 and fiscal year 1995 in accordance with the records on file at the department pertaining to each such closure and its eligible costs and for the closure of the waste-to-energy incinerators operated by the Lamprey Regional Solid Waste Co-operative and the city of Portsmouth, and eligible municipal incinerators which ceased operating prior to July 1, 1998. The department shall assume 20 percent of such eligible costs and the interest cost related to that 20 percent on bonds issued on such projects beginning on July 1, 1995 for landfills and July 1, 1998 for incinerators. The department shall determine the amount due for such eligible costs prior to July 1, 1995 for landfills and July 1, 1998 for incinerators and, with prior approval of the joint legislative fiscal committee and the governor and council, reimburse each municipality subject to the funds as appropriated by the legislature for this purpose.

Source. 1996, 251:2. 1999, 347:13, eff. Jan. 21, 2000.

Mercury Reduction

Section 149-M:51

    149-M:51 Definitions. –
In this subdivision:
I. "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a product containing mercury or an importer or domestic distributor of a product containing mercury produced in a foreign country. In the case of a multi-component product containing mercury the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor.
II. "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, and items of apparel, including footwear.
III. "Mercury-added product" means a product or a product with a component that contains mercury or a mercury compound intentionally added to the product or component in order to provide a specific characteristic, appearance, or quality or to perform a specific function or for any other reason.
IV. "Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.
IV-a. "Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit, including mercury displacement relays, mercury wetted reed relays, and mercury contact relays.
IV-b. "Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve, including mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors. "Mercury switch" shall not include a mercury-added thermostat.
IV-c. "Mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment.
V. "Product containing mercury" means any product or any product with a component that contains mercury or a mercury compound from any source or cause, whether intended or unintended, including, but not limited to, a mercury-added product and a product manufactured using mercury.

Source. 2000, 278:2, eff. Jan. 1, 2001. 2007, 105:1, eff. Aug. 10, 2007. 2008, 383:2, eff. July 11, 2008.

Section 149-M:52

    149-M:52 Notification. –
I. Six months after the effective date of this section no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in this state without prior notification in writing by the manufacturer of the product to the department in accordance with the requirements of this section. Such notification shall at a minimum include:
(a) A brief description of the product to be offered for sale, use, or distribution.
(b) The amount of and purpose for mercury in each unit of the product reported as an exact number or average per product with an upper and lower limit unless waived by the department due to confidentiality or practical considerations.
(c) The name and address of the manufacturer, and the name, address, and telephone number of a contact person for the manufacturer.
(d) The total amount of mercury contained in all mercury containing products sold in the United States, provided either by individual manufacturers or aggregated for an industry by a trade group.
II. With the approval of the department, the manufacturer may supply the information required above for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The department may define and adopt specific requirements in accordance with RSA 541-A for the content and submission of the required notification.
III. Any information furnished pursuant to the requirements of this section, which, as certified by the manufacturer, relates to production or sales figures or to processes or production unique to the manufacturer or which would tend to affect adversely the competitive position of the manufacturer, shall be only for the confidential use of the department and the interstate clearing house in the administration of this section, unless the manufacturer shall expressly agree to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such information by the department and the interstate clearinghouse in compiling or publishing analyses or summaries relating to the amount and effect of mercury in products and the environment; provided that the analyses or summaries do not identify any manufacturer or reveal any information otherwise confidential under this section.
IV. This section shall not apply to prescription drugs or any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et. seq.

Source. 2000, 278:2, eff. Jan. 1, 2001.

Section 149-M:53

    149-M:53 Restrictions on the Sale of Certain Mercury-Added Products. –
I. No later than one year after the effective date of this section, no toy, game, card, ornament, or mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in this state if the seller knows or has reason to know that the product contains mercury. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this section and how to dispose of the remaining inventory properly.
II. Six months after the effective date of this section, a person shall not sell or supply mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers sold through prescriptions.
III. As of the effective date of this section, no school in this state shall use or purchase for use in a primary or secondary classroom, elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate substitute exists which are used in school laboratories.
IV. (a) Beginning January 1, 2008, the following mercury-added products shall not be sold, offered for sale, or distributed as a new manufactured product:
(1) A barometer.
(2) An esophageal dilator, bougie tube, or gastrointestinal tube.
(3) A flow meter.
(4) A hydrometer.
(5) A hygrometer or psychrometer.
(6) A manometer.
(7) A pyrometer.
(8) A sphygmomanometer.
(9) A thermometer, except as provided in paragraph II.
(b) This paragraph shall not apply if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery.
V. (a) Beginning July 1, 2008, no person shall sell, offer for sale, or distribute a new manufactured mercury switch, mercury relay, or mercury-added thermostat individually or as a product component. This prohibition does not apply if the switch, relay, or thermostat is used to replace a switch, relay, or thermostat that is a component in a larger product in use prior to July 1, 2008 provided that no compatible non-mercury replacement component exists.
(b) This paragraph does not apply to the sale of a mercury switch, relay, or thermostat if its use is a federal requirement.
VI. The manufacturer or user of a product or products under paragraphs IV and V may apply to the department for an exemption by filing a written petition with the commissioner and submitting written notification to the regional clearinghouse. For products in production on the effective date of this program, the exemption request shall be received by November 1, 2007. For new products the exemption request shall be received 6 months prior to the date of sale. With agency approval an agent of the manufacturer, who may be a user, may apply for an exemption. The commissioner may grant an exemption with or without conditions upon finding that:
(a) Reasonable efforts have been made to remove mercury from the product; and
(b) One of the following applies:
(1) Use of the product provides a net benefit to the environment, public health, or public safety when compared to available non-mercury alternatives; or
(2) Technically feasible non-mercury alternatives are not available at a reasonable cost.
VII. Prior to approving an exemption, the commissioner shall consult with the member states of the interstate clearinghouse established under RSA 149-M:56. The commissioner shall be as consistent as possible with the member states in granting exemptions. Exemptions shall be in effect for no less than 2 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of paragraph VI and the manufacturer or other persons comply with the conditions of its original approval. With department approval, an agent of the manufacturer may apply for the exemption renewal.
VIII. Within 6 months of receiving an exemption, an applicant shall provide a written plan to the commissioner for the proper collection, transportation, and processing of the product at the end of its life.

Source. 2000, 278:2, eff. Jan. 1, 2001. 2007, 105:2, eff. Aug. 10, 2007. 2008, 383:3, eff. July 11, 2008.

Section 149-M:54

    149-M:54 Limitations on the Use of Elemental Mercury. –
As of the effective date of this section, no person shall sell or provide elemental mercury to another person in this state without providing a material safety data sheet, as defined in 42 U.S.C. section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:
I. Will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes;
II. Understands that mercury is toxic and that the purchaser will store, use, and otherwise handle and dispose of it in accordance with state and federal law; and
III. Will not place or allow anyone under the purchaser's control to place the mercury or cause the mercury to be placed in solid waste for disposal or in a wastewater disposal system.

Source. 2000, 278:2, eff. Jan. 1, 2001. 2007, 105:3, eff. Aug. 10, 2007.

Section 149-M:55

    149-M:55 Public Education and Outreach. –
I. The department shall implement a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, dismantlers, institutions, and schools on the hazards of mercury, the requirements and obligations of individuals, manufacturers, and agencies under this subdivision, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The department shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs.
II. The department shall cooperate with the neighboring states and provinces and regional organizations in the northeastern United States and Canada on developing outreach, assistance, and education programs, where appropriate.

Source. 2000, 278:2, eff. Jan. 1, 2001.

Section 149-M:56

    149-M:56 Interstate Clearinghouse. – The department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this subdivision and to help coordinate reviews of the manufacturers' notifications regarding mercury-added products, applications for phase-out exemptions, reviews of the collection plans, the disclosures of mercury content, applications for alternative labeling, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products; a file on all exemptions granted by the states; and a file of all the manufacturers' reports on the effectiveness of their collection systems.

Source. 2000, 278:2, eff. Jan. 1, 2001.

Section 149-M:57

    149-M:57 State Review. – The department shall, in consultation with the Committee on the Environment of the Conference of New England Governors and Eastern Canadian Premiers, review the effectiveness of this subdivision no later than 4 years after the effective date of this section and shall provide a report based upon that review to the governor and the legislature. The report shall review the effectiveness of the programs required under the subdivision and may contain recommendations for improving them.

Source. 2000, 278:2, eff. Jan. 1, 2001.

Section 149-M:58

    149-M:58 Disposal Ban. –
I. No person shall knowingly dispose of mercury-added products in solid waste landfills, transfer stations, or incinerators.
II. Owners and operators of solid waste landfills, transfer stations, and incinerators may develop programs to sort, collect, and recycle or dispose of mercury-added products in accordance with applicable laws and regulations.
III. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure the proper separation and recycling or the disposal as a hazardous waste of any discarded mercury-added product.
IV. After proper separation of mercury-added products, each person who discards that waste shall either:
(a) Set that waste in a designated area for collection by a hauler who shall deliver that waste to a facility that is legally authorized and permitted to accept that waste; or
(b) Deliver that waste to a facility that is legally authorized and permitted to accept that waste.
V. Owners and operators of solid waste landfills, transfer stations, and incinerators shall not be found to have knowingly accepted or disposed of mercury-added products if, at a minimum, the facility has implemented all of the following mechanisms:
(a) Posting of signs at the facility providing notice of the prohibition against the disposal of mercury-added products.
(b) Written notification to, or agreements with, the facility's customers, providing notice of the prohibition against the disposal of mercury-added products.
(c) Implementation of a procedure, approved by the department, for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and for separating out observed mercury-added products for return to the generator, recycling, or disposal as a hazardous waste.
(d) Provide customers with information about collection programs or facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.
VI. This section shall not apply to prescription drugs or any substance regulated by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. section 301 et seq. or to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. section 262 et seq.

Source. 2007, 279:1, eff. Jan. 1, 2008.

Section 149-M:58-a

    149-M:58-a Mercury-Added Thermostat Collection Program. –
I. (a) Each manufacturer of mercury-added thermostats sold in New Hampshire shall, individually or collectively, establish and maintain a department-approved collection and recycling program for out-of-service mercury-added thermostats from contractors, service technicians, and residents. For the purpose of this section, "manufacturer" means the holder of the brand name of the thermostat.
(b) Such program shall:
(1) Strive to maximize the capture and recycling rate of out-of-service mercury-added thermostats.
(2) Provide assistance and education to contractors, service technicians, residents, and municipalities to encourage the return of mercury-added thermostats to established recycling collection points.
(3) Ensure that the handling and recycling of mercury-added thermostats is performed in accordance with applicable laws.
(c) The program shall involve no direct cost to wholesalers, contractors, service technicians, or residents for participating in the program, except that wholesalers and contractors may be assessed a one-time administrative fee not to exceed $25 for each authorized collection bin provided for their own use.
(d) Thermostat collection bins shall be provided to all wholesaler locations, and to all household hazardous waste, solid waste, and universal waste locations approved by the department for this purpose.
(e) The department may specify minimum safety training, operating conditions, and other requirements as needed to ensure the safe and efficient collection of mercury-added thermostats at household hazardous waste and universal waste facilities.
II. The program shall be operational 6 months after the effective date of this section.
III. (a) Each manufacturer, individually or as a group, shall propose to the department for review and approval the collection program required under paragraph I, no later than 3 months after the effective date of this section.
(1) The proposed program may be a new program or include appropriate enhancements to an existing program.
(2) The proposed program shall include an education and outreach component that identifies the mechanisms for providing the necessary information to contractors, service technicians, residents, retailers, and municipalities on an initial and ongoing basis, and identifies the appropriate persons to develop and utilize such mechanisms. Such mechanisms may include, but shall not be limited to, public service announcements, written materials, signage, and visual aids.
(b) If the program proposal is approved, with or without conditions, the manufacturer shall implement the program by the date required in paragraph II.
(c) If the entire program is disapproved, the department shall inform the manufacturer of the reasons for the disapproval. The manufacturer shall have 30 days thereafter to submit a new program.
(d) If the new program is disapproved, the manufacturer shall be out of compliance for the purposes of paragraph IV beginning on the date the new program is disapproved by the department, if that date is later than the implementation date specified in paragraph II.
(e) The department shall take into account the experience of relevant thermostat collection programs in other states, and shall approve a proposed manufacturer collection program if it contains terms and conditions sufficient for the department to conclude that the proposed program represents the best available approach for improving mercury-added thermostat collection in this state.
(f) The department shall provide opportunities for stakeholders, including representatives from wholesalers, contractors, retailers, and environmental groups to provide input into the development and implementation of the collection program, including opportunities prior to the submission of the initial proposals.
IV. A manufacturer not in compliance with this section is prohibited from offering any thermostat for sale in this state.
V. (a) Effective 6 months after the effective date of this section, a wholesaler shall not sell a thermostat in the state unless the wholesaler acts as a collection site for thermostats that contain mercury. A wholesaler may meet the requirements of this paragraph by participating as a collection site in a manufacturer collection program described in paragraph I.
(b) A wholesaler shall distribute point-of-sale instructions, educational materials, and signage regarding the importance of recycling mercury-added thermostats.
(c) No wholesaler or retailer shall offer for sale in this state any thermostat of a manufacturer that is not in compliance with this section.
(d) A retailer may be required to facilitate the resident recycling program by:
(1) Distributing manufacturer provided, pre-paid mailing labels.
(2) Distributing manufacturer provided, educational materials.
(3) Posting signage regarding the importance of recycling mercury-added thermostats and the location of available collection locations for residents.
(e) The department shall set goals for the collection of thermostats within 4 months of the date of the first annual report of the manufacturer's program. In determining such goals, the department shall review and determine a percentage of thermostats, which may be more or less than the actual number reported in the annual program, to establish the next year's goal. The department may also obtain input from interested stakeholders, including but not limited to, manufacturers, non-governmental entities, municipalities, and the recycling community.
(f) The department may alter any element of the previously developed manufacturer collection program, including but not limited to, the number and location of the collection points and the roles of thermostat manufacturers, wholesalers, retailers, service contractors, and municipal governments in the collection programs, provided such alterations are consistent with the requirements of this and other applicable laws.
VI. (a) Beginning July 1, 2008, the installation of mercury-added thermostats is prohibited.
(b) Beginning July 1, 2008, any mercury-added thermostat removed as a result of new construction, renovation, maintenance installation of a new heating or cooling system, or any similar activity shall be recycled or disposed of as hazardous waste. Any contractor or service technician performing such removal shall be responsible for removing the thermostat from the premises and properly recycling or disposing of the thermostat.
VII. (a) For each collection program established under this section, the manufacturer associated with that program shall submit an annual report to the department, by a date to be determined by the department, that includes at a minimum:
(1) The number of mercury-added thermostats collected and recycled by that manufacturer under this section during the previous year.
(2) The estimated total amount of mercury contained in the mercury components collected by that manufacturer under this section.
(3) An evaluation of the effectiveness of the manufacturer's collection and recycling program.
(4) An accounting of the administrative costs incurred in the course of administering the collection and recycling program developed under this section.
(b) The department shall publish information on its Internet website about the collection and recycling of mercury-added thermostats in the state. This information shall be updated annually and shall include an estimate of how many mercury-added thermostats go out of service in the state each year, a description of the collection programs established under this section, and data on collection rates.
(c) The department shall review the progress of each program and submit a report to the general court by November 1, 2010. The report shall include an assessment of whether the program goals are being met, an assessment of whether any further requirements for retailers, or discounts, savings coupons, or similar programs, should be implemented, and a proposal for any other adjustments that may be required to ensure that the thermostat recycling program is effective. Prior to submitting the report, the department shall consult with all relevant stakeholders and provide a public comment period.

Source. 2008, 383:1, eff. July 11, 2008.

Motor Vehicle Salvage Facilities and Crushers

Section 149-M:59

    149-M:59 General Permit for Motor Vehicle Salvage Facilities. –
I. The department shall establish a general permit for maintaining and operating a motor vehicle salvage facility. The general permit shall cover all motor vehicle salvage facilities that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.
II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle salvage facility to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:
(a) Fluids, including gasoline, oil, antifreeze, and other regulated substances.
(b) Solid waste.
(c) Hazardous waste.
(d) Universal waste.
(e) Refrigerants and other potential air pollutants.
(f) Other regulated substances, materials, and waste.
III. The owner of a facility seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:
(a) Facility name, location, and description.
(b) Name, mailing address, and telephone number of the facility owner, facility operator, and land owner.
(c) A copy of the local license when required under RSA 236:111 through RSA 236:129 or a signed statement explaining why a local license has not been issued.
(d) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section or, if the facility is not in compliance, a proposed plan and schedule for achieving compliance within a reasonable time.
(e) A dated, signed receipt showing that a copy of the required registration information has been submitted to local officials responsible for issuing local licenses under RSA 236:111 through RSA 236:129.

Source. 2008, 191:6, eff. Aug. 10, 2008.

Section 149-M:60

    149-M:60 General Permit for Operating a Motor Vehicle Crusher. –
I. The department shall establish a general permit for operating a motor vehicle crusher. The general permit shall cover all motor vehicle crushers that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.
II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle crushing operation to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:
(a) Fluids, including gasoline, oil, antifreeze and other regulated substances.
(b) Solid waste.
(c) Hazardous waste.
(d) Universal waste.
(e) Refrigerants and other potential air pollutants.
(f) Other regulated substances, materials, and waste.
III. The owner of a motor vehicle crusher seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:
(a) Owner identification and contact information.
(b) Operator identification and contact information.
(c) For a stationary crusher:
(1) The name and location of the motor vehicle salvage facility where the crusher is permanently stationed.
(2) Confirmation that the motor vehicle salvage facility has registered to operate under the general permit established under RSA 149-M:59 or holds a standard permit to operate issued under RSA 149-M:9.
(d) For a mobile crusher:
(1) The owner's principal place of business.
(2) A telephone number where the owner or operator can be directly contacted when the crusher is operating at other locations.
(3) The mobile crusher registration plate number and state issuing it.
(e) Description of the crusher, including:
(1) The make, model, and vehicle identification number.
(2) Description of the fluid collection and containment design features.
(f) A description of the scope of crushing-related services offered to customers, including whether the operator will drain fluids, dispose of fluids, evacuate refrigerants, or perform other end-of-life motor vehicle preparation services prior to crushing vehicles.
(g) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section.

Source. 2008, 191:6, eff. Aug. 10, 2008.

Solid Waste Working Group

Section 149-M:61


[RSA 149-M:61 repealed by 2021, 188:4, effective November 1, 2026.]
    149-M:61 Solid Waste Working Group. –
I. The solid waste working group shall be convened by the department of environmental services and shall have, at a minimum, the following members:
(a) One member of the house, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) One member of the waste management council, appointed by the chair of the council.
(d) One member representing owners of in-state landfills that also operate a major materials recovery facility.
(e) One member representing publicly owned in-state landfills.
(f) One member representing in-state solid waste haulers that do not operate landfills.
(g) One member representing companies that reprocess post-consumer waste into products for sale or for reuse themselves.
(h) One representative of the Northeast Resource Recovery Association, appointed by that association.
(i) One member representing cities with single stream recycling, to be appointed by the New Hampshire Municipal Association.
(j) One member representing rural communities using source separated recycling, to be appointed by the New Hampshire Municipal Association.
(k) One representative of the New Hampshire healthcare industry, appointed by the New Hampshire Hospital Association.
(l) One representative of the Northeast Recycling Council, appointed by that council.
(m) One member with expertise in solid waste-related sustainability issues, appointed by the chancellor of the university system.
(n) The commissioner of the department of business and economic affairs, or designee.
(o) The commissioner of the department of environmental services, or designee.
(p) Any other members the commissioner of the department of environmental services deems necessary.
II. Unless otherwise indicated, the members of the working group shall be appointed by the commissioner. Terms for state agency and legislative members shall be the same as their terms in office. All other working group members shall serve for the duration of the working group. Upon term expiration, each appointed member shall hold office until a successor shall be appointed and qualified.
III. The solid waste working group shall:
(a) Assist the department in long-range planning for and the development of creative, effective solutions to the state's solid waste management challenges.
(b) Review and make recommendations for changes to the state's existing solid waste reduction, recycling, and management policies, programs, goals, and initiatives.
(c) Review and make recommendations regarding the impact of regional solid waste management initiatives, including landfill waste disposal bans, on our state and our solid waste disposal landfill capacity.
(d) Advise the department in the development of the solid waste management plan required by RSA 149-M:29.
(e) Review and recommend methods to better provide technical assistance and educational outreach to municipalities, schools, businesses, and the public regarding solid waste reduction, recycling, and management policies.
(f) Review and recommend ways to better implement the solid waste hierarchy and solid waste reduction goals, under RSA 149-M:3.
(g) Review and make recommendations based on the 2019, 265 (HB 617) study committee report on recycling and solid waste management in New Hampshire.
(h) Review such other matters as the working group deems necessary and to recommend any related legislation, policy, or rule changes.
IV. The working group shall hold its organizational meeting no later than November 1, 2021. The working group shall submit its initial report on November 30, 2022 and its final report on November 1, 2026, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the state library and the house and senate committees responsible for solid waste oversight.

Source. 2021, 188:2, eff. Aug. 10, 2021.