Title X, Public Health

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 ha…

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 stat…

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. …

The commissioner 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. Appeals from a decision of the commissioner under this section sha…

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 f…

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…

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, ci…

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, recyc…

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 …

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…

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 sha…

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, an…

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 w…

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 th…

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 coopera…

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. (a) No person shall dispose of any wet-cell batteries, lithium-ion batteries, o…

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…

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 revi…

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) Qu…

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. I…

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 facili…

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 un…

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…

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. I…

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 …

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 lea…

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 t…

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 …

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 mea…

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 …

In this chapter: I. "Abutter" means any person who owns property adjacent to, or across a road, railroad, utility corridor, or watercourse from the property on which a solid waste facility may be permitted. I-a. "Advanced recycling" means a manufacturing process for the conversio…

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…

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 o…

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…

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 wi…

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 dedica…

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.

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…

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 …

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 an…

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 pos…

The department shall administer and enforce this chapter. The department is hereby named as the state agency for planning and regulating solid waste management.

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 …

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 mercur…

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 wi…

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 conta…