29mar01...0014h

1/24/02 2191s

2002 SESSION

01-0313

08/09

HOUSE BILL 141-LOCAL

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill eliminates the exception to the laws regulating motor vehicle recycling yards and junk yards for certain junk yards approved under RSA 149-M, the chapter regarding solid waste management. This bill also amends the definitions of "junk yard" and "motor vehicle" contained in the laws regulating motor vehicle recycling yards and junk yards.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29mar01...0014h

1/24/02 2191s

01-0313

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

27:1 Motor Vehicle Recycling Yards and Junk Yards; Purposes. Amend RSA 236:111 to read as follows:

236:111 Purposes. This subdivision is adopted under the police power of the state to conserve and safeguard the public safety, health, morals, and welfare, and to further the economic growth and stability of the people of the state through encouragement to the development of the tourist industry within the state. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion. In addition, such an environment is considered essential to the maintenance and continued development of the tourist and recreational industry which is hereby declared to be of significant and proven importance to the economy of the state and the general welfare of its citizens. At the same time, it is recognized that the maintenance of junk yards as defined in this subdivision, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this subdivision. [All junk yards shall be subject to this subdivision, including those adjacent to the interstate, federal aid primary, or turnpike systems, which are also subject to RSA 236:90-110.]

27:2 Motor Vehicle Recycling Yards and Junk Yards; Scope. RSA 236:111-a is repealed and reenacted to read as follows:

236:111-a Scope.

I. Except as provided by paragraph II, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110.

II. The provisions of this subdivision shall not apply to any junk yard that is also a type of solid waste management facility listed below and approved under RSA 149-M, including any such solid waste management facility approved prior to May 1, 1989:

(a) Landfills;

(b) Incinerators and other processing or treatment facilities, not including automotive recycling yards; and

(c) Transfer stations that collect, store, and transfer municipal solid waste, whether or not they also collect:

(1) Source separated waste derived from motor vehicles, such as tires, lead acid batteries, or used oil; and/or

(2) Common household or commercial machinery, such as appliances, office equipment, or lawn mowers.

27:3 Motor Vehicle Recycling Yards and Junk Yards; Definition of Junk Yard. RSA 236:112, I is repealed and reenacted to read as follows:

I. "Junk yard" means a place used for storing and keeping, or storing and selling, trading, or otherwise transferring old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel, or other old or scrap ferrous or nonferrous material. As used in this subdivision, the term includes, but is not limited to, the following types of junk yards:

(a) Automotive recycling yards, meaning a motor vehicle junk yard, as identified in subparagraph (c), the primary purpose of which is to salvage multiple motor vehicle parts and materials for recycling or reuse;

(b) Machinery junk yards, as defined in paragraph III; and

(c) Motor vehicle junk yards, meaning any place, not including the principal place of business of any motor vehicle dealer registered with the director of motor vehicles under RSA 261:104 and controlled under RSA 236:126, where the following are stored or deposited in a quantity equal in bulk to 2 or more motor vehicles:

(1) Motor vehicles which are no longer intended or in condition for legal use according to their original purpose including motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap; and/or

(2) Used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle.

27:4 Motor Vehicle Recycling Yards and Junk Yards; Definition of Motor Vehicle. Amend RSA 236:112, IV to read as follows:

IV. "Motor vehicle" means "motor vehicle" as defined by RSA 259:60, I, namely, any self-propelled vehicle not operated exclusively upon stationary tracks, [originally intended for use on public highways] including ski area vehicles.

27:5 Effective Date. This act shall take effect July 1, 2002.

(Approved: April 8, 2002)

(Effective Date: July 1, 2002)