Title X, Public Health

If the mayor and aldermen neglect or refuse to correct an assessment under RSA 149-I:14, any person aggrieved may apply by petition to the superior court for relief at any time within 90 days after notice of the assessment, and not afterwards. The court shall make such order ther…

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…

The mayor and aldermen of any city may, in their discretion, in making any assessment under this chapter, assess the same to be paid in annual installments extending over a period not exceeding 20 years, and in such case their assessment so made shall create a lien upon the land …

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…

Nothing herein contained shall be construed to prevent any city from providing, by ordinance or otherwise, that the whole or a part of the expense of constructing, maintaining and repairing main drains, common sewers, stormwater treatment, conveyance, and discharge system, or sew…

For good cause shown, the mayor and aldermen may abate any such assessment made by them or by their predecessors.

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…

Any town or village district which adopts the provisions of this chapter may, at the time of such adoption or afterwards, vote to establish a board of sewer commissioners, consisting of 3 members, which board shall perform all the duties and possess all the powers in the town or …

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…

In this chapter: I. "Commissioner" means the commissioner of the department of environmental services. II. "Department" means the department of environmental services. III. "Fund" means the solid waste management fund established under RSA 149-R:3. IV. "Solid waste" means solid w…

Whenever it is necessary to construct such main drains or common sewers, stormwater treatment, conveyance, and discharge systems, sewage and/or waste treatment facilities across or on the land of any person and the city cannot obtain for a reasonable price any land or easement in…

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 …

At the annual town or district meeting when such board is established, there shall be chosen, by ballot and by major vote, 3 sewer commissioners, to hold office for 3 years, 2 years, and one year, respectively, and thereafter, at every annual meeting, one commissioner shall be so…

The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, by the town council, or by the commissioners of the district if the municipality fails to elect or votes to provide for appointment.

The compensation of such sewer commissioners and the sewer commission's responsible portion of the municipal treasurer's compensation shall be fixed in towns by the selectmen, and in village districts by the commissioners of the district.

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…

Any person who digs or breaks up the ground in any street, highway, lane or alley in any city, for the purpose of laying, altering, repairing or entering any main drain, stormwater treatment, conveyance, and discharge system, or common sewer therein, without permission from the m…

Any person who shall wantonly or maliciously injure any part of any sewer system, stormwater treatment, conveyance, and discharge system, or sewage disposal plant shall be liable to pay treble damages to the owner thereof, and shall be guilty of a misdemeanor if a natural person,…

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…

The provisions of this chapter shall be in force in such town and village districts as may adopt the same by vote of the legislative body; and the governing body shall perform all the duties and possess all the powers in the town or the district, as the case may be, conferred by …

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…

In towns and village districts adopting this chapter, the selectmen or district commissioners, or board of sewer commissioners if any, or stormwater utility commission shall annually, at the time other town or district officers report, make a report to the municipality of the con…

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…

Any city which shall have received an order by the department of environmental services under the provisions of RSA 147, 485, or 485-A shall proceed forthwith to acquire whatever easements and lands as are necessary to comply with said order and may enter upon, for the purpose of…

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. There is hereby established the New Hampshire solid waste management fund to be used for the purposes of this chapter. II. This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter. The state t…

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…

The mayor and aldermen of any city may lease, enter into contracts to provide, sell, or purchase stormwater treatment, conveyance, and discharge systems, and sewage or waste treatment facilities to or from any other city, town, village district or person whenever they judge the s…

I. The fund shall be used to support the administration and implementation of the department's solid waste technical assistance, planning, regulatory, and permitting activities, including, but not limited to, waste reduction and diversion technical assistance, reducing the expens…