0326-hb 0648

This bill allows sampling and testing of sludge and biosolid materials to be conducted by independent third parties as well as the state. The sampling methodology designed by the department shall be with the consultation of university of New Hampshire statisticians and sludge and biosolids experts. The department shall make available to the public and general court a report by November 1 each year which analyzes the compiled test results.

This bill provides that as part of the annual report required by November 1, 2000, the department shall evaluate whether the overall financial resources dedicated to sludge testing in the state are being optimally allocated between regulatory and statistical testing.

This bill also appropriates certain funds to the sampling and analysis of sludge or biosolids samples fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

326:1 Waste Disposal; Duties of Department; Sludge Testing Program. RSA 485-A:4, XVI-c is repealed and reenacted to read as follows:

XVI-c.(a) To design and implement a program for state or independent third party sampling and testing of sludge or biosolid materials that are intended for land application. The department shall design the sampling methodology, in consultation with university of New Hampshire statisticians and sludge and biosolid experts, to provide a statistical evaluation of the contaminant levels contained in sludge or biosolids. The department shall concentrate its testing on those contaminants that pose greater risks to public health and the environment due to their toxicity, potential availability, concentration levels, or concentration uncertainty. The department shall maintain a database of testing results and prepare, in consultation with university of New Hampshire statisticians and sludge and biosolid experts, and make available to the public and the general court, an annual report by November 1 of each year which analyses the compiled test results, including data from prior years, as appropriate. The analysis shall detail contaminant concentrations on both a statewide and generator level and shall indicate the statistical degree of certainty in the results of the analysis. The department shall attempt to present the report in terms that are understandable to the layperson including practical examples such as the probability that any given load of untested sludge exceeds a contaminant standard.

(b) The department shall establish a fee of $500, to be paid by sludge quality certificate holders by January 1 of each year. The fee shall be deposited in a special, nonlapsing sampling and analysis of sludge or biosolids samples fund, for exclusive use by the department to implement the program established in subparagraph (a).

326:2 New Paragraph; Duties of Department; On-Site Inspections. Amend RSA 485-A:4 by inserting after paragraph XVI-c the following new paragraph:

XVI-d. To conduct on-site inspections of sludge or biosolid application sites to monitor adherence to all state and federal requirements for such activity.

326:3 Testing Method Evaluation. In preparation for and as part of the annual report required by November 1, 2000 under RSA 485-A:4, XVI-c(a), the department, in consultation with university of New Hampshire statisticians and sludge and biosolid experts, sludge quality certificate holders, and other interested parties, shall evaluate whether the overall financial resources dedicated to sludge testing in the state are being optimally allocated between regulatory testing and statistical testing. As part of the evaluation, the department shall consider what short and long-term financial, environmental, or assurance benefits there may be to the department, the public, and sludge or biosolid generators in having sampling conducted by a party other than the generator.

326:4 Transfer of Appropriation. Up to $85,000 each fiscal year that was appropriated for state aid grants by 1999, 159:1, PAU 03-04-02-01-02 shall be transferred to the non-lapsing sampling and analysis of sludge or biosolids samples fund established by RSA 485-A:4, XVI-c, provided all approved state aid grant payments have been made to eligible municipalities in each fiscal year.

(Approved: Enacted in accordance with Article 44, Pt. II of New Hampshire Constitution, without signature of Governor, July 12, 2000)

To undertake an expanded random testing program the Department's estimate assumed there are 30 municipal wastewater treatment facilities (WWTFs) which routinely land apply sludge and hold Sludge Quality Certifications (SQC) for land application of sludge. On average, 3 sludge samples per year, per WWTF will be required to accomplish the analysis required by this bill. It is assumed the type of analysis required will be the same as those required of sludge samples for SQC, with the exception of dioxin testing already required in SQC testing, and will cost approximately $1,000. All costs to the Department will be contract costs to a laboratory to perform the testing and report the results of the analysis. The existing fee of $500 per SQC holder will be continued under this bill and will cover a portion of the new testing costs. Therefor, in each year of FY 2000 and FY 2001, 3 samples will be collected and analyzed at $1,000, less the $500 fee for the 30 WWTFs, will result in increased expenditures and revenue of $75,000 annually. An additional $10,000 would be provided to UNH and sludge and biosolids experts for assistance with sampling design and statistical analysis.

30 WWTFs @ 3 sludge samples @ $1,000 $90,000

Less: SQC fee 30 WWTFs @ $500 - 15,000

Plus: UNH payment for sample design and analysis 10,000

Total $85,000

This bill authorizes a transfer of up to $85,000 of surplus state aid grant funding in FY 2000 and FY 2001 to the sampling and analysis of sludge or biosolids samples fund.