HB 1417-FN-A-LOCAL - AS INTRODUCED
2000 SESSION
HOUSE BILL 1417-FN-A-LOCAL
AN ACT setting priorities for the disposal of certain components of the solid waste stream.
SPONSORS: Rep. Musler, Straf 6; Rep. Owen, Merr 6
COMMITTEE: Environment and Agriculture
This bill allows the department of environmental services to restrict the disposal of certain solid wastes under certain conditions. This bill also places prohibitions on the disposal or incineration of certain solid wastes effective after January 1, 2003.
This bill was requested by the department of environmental services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2421
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT setting priorities for the disposal of certain components of the solid waste stream.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Solid Waste Management; Refuse Reduction; Solid Waste Stream Components Disposal. Amend RSA 149-M:27 by inserting after paragraph III the following new paragraph:
IV.(a) Consistent with the hierarchy set forth in RSA 149-M:3, the department shall strive to manage solid waste in a manner that makes optimal use of each component of the solid waste stream, and may therefor restrict or prohibit the disposal of certain components of the solid waste stream when it determines that:
(1) Disposal of the material presents a potential adverse impact to public health, safety, or the environment;
(2) A restriction or prohibition will result in the extension of the useful life or capacity of a facility or class of facilities; or
(3) A preferred and feasible alternative exists for handling a given component consistent with the hierarchy set forth in RSA 149-M:3.
(b) No person shall dispose of or incinerate or contract for the disposal or incineration of the following materials except as indicated below. No landfill or incinerator shall accept the restricted materials except to permit the temporary storage of materials prior to disposal. No person shall dispose of or incinerate:
(1) Aluminum, metal, glass, polyethylene therephtlalate (PET), and high density polyethylene (HDPE) containers after January 1, 2003.
(2) Newspaper, cardboard, and magazines after January 1, 2003.
(c) The department may allow a facility or person to temporarily dispose or temporarily contract for the disposal of restricted materials, with prior notification and approval by the department, under the following circumstances:
(1) The material is contaminated, or is otherwise not acceptable for reuse, recycling, or composting provided that the person who contaminated or rendered the material unfit for reuse, recycling, or composting is notified and takes any action necessary to prevent a reoccurrence of the conditions which contaminated or rendered the material unfit; or
(2) The reuse, recycling, or composition operation or end user to which the restricted material is normally sent declines to accept the material or is prohibited from accepting the material as a result of an administrative or judicial order; provided that an alternative reuse, recycling, or composting operation or storage facility which will accept the material cannot be found within a reasonable time; or
(3) Significant market changes render reuse, recycling, or composting unrealistic as management options for a given material.
(d) Any person who violates this paragraph shall be subject to the penalties and enforcement provisions of RSA 149-M:15 and 16.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2421
12/14/99
HB 1417-FN-A-LOCAL - FISCAL NOTE
AN ACT setting priorities for the disposal of certain components of the solid waste stream.
FISCAL IMPACT:
The Department of Environmental Services has determined this bill will have an indeterminable impact on local expenditures in FY 2001 and each year thereafter. There will be no fiscal impact on state and county expenditures and on state, county and local revenues.
METHODOLOGY:
The Department has assumed that this bill is very similar to HB 1301-FN from the 1992 Session. The N.H. House of Representatives asked for an opinion from the N.H. Supreme Court whether HB 1301 violated Article 28-a of the State Constitution. The Supreme Court ruled that HB 1301-FN did not violate Part I, Article 28-a of the State Constitution. The ruling read in part, it is not a State mandate requiring the recycling of certain goods, imposing responsibilities on, and necessitating expenditures by political subdivisions. Rather, it prohibits disposal of certain goods by the solid waste generators, and prohibits acceptance of those goods by a landfill, composting facility or incinerator for disposal. Additionally, the ruling stated that political subdivisions remain free to allow any costs resulting from the proposed restrictions to be borne directly by their residents. The local legislative body will have the last word on both the program and the funding. Costs related to this bill will vary based on the recycling market.