Title X, Public Health

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…

I. Beginning January 1, 2026, solid waste disposed of at a New Hampshire landfill, incinerator, or waste-to-energy facility shall be subject to a surcharge at the rate of $3.50 per ton. Notwithstanding RSA 149-M:4, XXII, materials used as cover at landfills shall not be subject t…

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The provisions of any city charter inconsistent with the provisions of this chapter are hereby repealed as to the extent of such inconsistency.

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…

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…

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 obligation…

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-…

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 re…

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 commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to: I. The time, amount, and manner of payment of solid waste disposal surcharges. II. Required records to be kept by facility permit holders of the type and quantity of solid waste dispo…

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. In municipalities where the sewage is pumped or treated, the mayor and aldermen may adopt such ordinances and bylaws relating to the sewage system, pumping station, treatment plant or other appurtenant structure as are required for proper maintenance and operation and to promo…

In this chapter: I. "Equivalent residential unit" or "ERU" means the fee unit basis for all fees assessed by a stormwater utility. II. "Stormwater" means surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or o…

The formation of a stormwater utility is hereby authorized upon approval by a majority vote of the legislative body of a municipality. In the case where a stormwater utility encompasses land within more than one municipality, the utility may be authorized by majority vote of the …

The stormwater utility shall address flood and erosion control, water quality management, ecological preservation, and annual pollutant load contained in stormwater discharge. I. Utilities may collect reasonable fees that are directly related to the cost of providing services. II…

Each stormwater utility commission shall establish a system for fee units based on at least one of the following property-specific attributes: I. Total impervious area. II. Calculated lot runoff. III. Total lot area. IV. Land use classification developed for assessment of fees.

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…

I. Any person who violates any of the provision of this chapter or any rule adopted under this chapter shall be subject to a civil penalty not to exceed $1,000 for each violation. Each day a surcharge is not paid after it is due in accordance with RSA 149-R:5, III shall be a sepa…

The mayor and aldermen may assess upon the persons whose drains enter such main drains, common sewers, stormwater treatment, conveyance, and discharge systems, or treatment facilities, or whose lands receive special benefit therefrom in any way, their just share of the expense of…

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…