Title X, Public Health

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 mer…

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 r…

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 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. Regul…

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 paragra…

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 th…

I. The department shall regulate advanced recycling facilities as manufacturing facilities. An advanced recycling facility and the products and by-products of advanced recycling shall be subject to applicable statutes and departmental rules relative to air, water, waste, and land…

For the purpose of reporting recycling rates, all advanced recycling facilities shall report the source of post-use polymers including the state or country of origin, the mass of post-use polymer processed, the mass of recycled product, the mass of residual material, and the mass…

I. In this section: (a) "Adult mattress" means a mattress other than a crib mattress or toddler mattress. (b) "Carpet or rug" means a fabric product marketed or intended for use as a floor covering in households or businesses. (c) "Chemical" means a substance with a distinct mole…

I. The legislature and the executive branch recognize that the selection of sites for major solid waste disposal facilities may have significant statewide, regional, and local impacts that are not fully evaluated through existing regulatory review. II. Accordingly, the general co…

In this subdivision: I. "Acceptance" means a determination by the committee that it finds that the application is complete and ready for consideration. II. "Administrator" means the administrator of the site evaluation committee established pursuant to RSA 162-H:3-a. III. "Affect…

I. There is hereby established a committee to be known as the New Hampshire solid waste site evaluation committee consisting of 7 members, as follows: (a) The chairperson of the waste management council established under RSA 21-O:9. who shall serve as chairperson of the committee…

I. Members and alternate members appointed under RSA 149-M:67, I(c) and (d) shall serve 4-year terms and until their successors are appointed and qualified. Any member chosen to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term …

The administrator shall provide support to the committee. If the administrator is not available or the position is vacant, the committee may hire an independent contractor at the expense of the applicant. The administrator shall be under the supervision of the chairperson when pe…

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 th…

I. The committee shall: (a) Evaluate and issue any certificate under this chapter for a major solid waste disposal facility. (b) Determine the terms and conditions of any certificate issued under this chapter. (c) Adjudicate enforcement matters. (d) Assist the public in understan…

I. No person shall commence construction of any major solid waste disposal facility within the state unless it has obtained a certificate pursuant to this chapter. Such facilities shall be constructed, operated, and maintained in accordance with the terms of the certificate. Such…

I. All applications for a certificate for a major solid waste disposal facility shall be filed with the administrator or the chair of the committee. II. Upon filing of an application, the chairperson or designated presiding officer shall expeditiously conduct a preliminary review…

Any application for a certificate, or for change in ownership and transfer of certificate, shall be signed and sworn to by the person or executive officer of the association or corporation making such application and shall contain the following information: I. Full name and addre…

I. A person filing with the committee an application for a certificate for a major solid waste disposal facility shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II. If an application for a certificate fo…

I. An application for a certificate under this subdivision shall be served contemporaneously by the applicant upon the attorney general. Upon receipt of such an application, the attorney general shall appoint an assistant attorney general as counsel for the public in connection w…

I. Notice of any project for which an application for a certificate has been submitted shall be issued pursuant to RSA 36:56, III. II. At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affecte…

Decisions made pursuant to this chapter shall be appealed in accordance with RSA 541.

I. The department shall monitor the construction and operation of any major solid waste disposal facility granted a certificate under this chapter, after all other subsequent approvals are obtained, to ensure compliance with such certificate and enforce the terms and conditions o…

Complete verbatim records shall be kept by the committee of all hearings, and records of all other actions, proceedings, and correspondence of the committee, including submittals of information and reports by members of the public, shall be maintained, all of which records shall …

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.

If the committee, at any time while an application for a certificate is before it, deems it to be in the public interest, it may temporarily suspend its deliberations and time frames established under this chapter.

I. Any certificate issued by the committee shall be based on the record. The decision to issue a certificate in its final form or to deny an application once it has been accepted shall be made by a majority of the committee. II. The committee may consult with interested regional …

I. Any construction or operation of major solid waste disposal facilities without first obtaining a certificate from the committee, or any material violation of the terms and conditions of a certificate issued by the committee, shall be subject to a civil penalty not to exceed $1…

If any provision of this chapter, or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end, the p…

There is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the solid waste evaluation committee fund. All application and other filing fees received by the committee under this chapter shall be deposited in the fund. All moneys in t…

I. The public members of the committee shall be compensated for all time spent on committee business, including compensation and reimbursement for major solid waste disposal facility proceeding time and expenses. Compensation shall be provided on a pro rata basis, based upon the …

The department shall not issue any permit approvals that authorize new capacity for major solid waste disposal facilities until rules are adopted by the committee or until July 1, 2027, whichever is later.

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 moto…