CHAPTER 87

HB 1102 - FINAL VERSION

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2002 SESSION

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08/01

HOUSE BILL 1102

AN ACT establishing a hazardous waste coordinator certificate program and making an appropriation therefor.

SPONSORS: Rep. P. Allen, Ches 7; Rep. Melcher, Hills 11; Rep. Phinizy, Sull 7; Sen. Cohen, Dist 24

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill establishes a hazardous waste coordinator certification program. The bill also makes a supplemental appropriation for such program to the department of environmental services for FY 2003.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT establishing a hazardous waste coordinator certificate program and making an appropriation therefor.

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

87:1 Section Heading. Amend the section heading of RSA 147-A:5 to read as follows:

147-A:5 Terms and Conditions of Operator Permits; Facility Personnel; Certified Hazardous Waste Coordinator Program.

87:2 New Paragraph; Certified Hazardous Waste Coordinator Program. Amend RSA 147-A:5 by inserting after paragraph II the following new paragraph:

III.(a) Each hazardous waste generator that generates more than 220 pounds of hazardous waste per month shall have on staff at the facility where the hazardous waste is generated a hazardous waste coordinator certified by the department. The certified hazardous waste coordinator shall be responsible for ensuring that the generator is aware of and in compliance with applicable requirements relating to hazardous waste management, including but not limited to storage, transportation, and disposal. Certification shall not be transferable. Initial certification shall be valid for one year and may be renewed for subsequent one-year terms. The department may charge a reasonable fee to cover expenses for education and training programs that fulfill the initial certification and continuing education requirements.

(b) Each application for initial or renewal of a hazardous waste coordinators certification shall be accompanied by a non-refundable fee of $125 per year to cover department expenses for conducting the certification program.

87:3 New Paragraph; Rulemaking. Amend RSA 147-A:3 by inserting after paragraph XXV the following new paragraph:

XXVI. Administration of a hazardous waste coordinator certification program pursuant to RSA 147-A:5, III, including criteria relating to education and experience and the procedures for initial certification of hazardous waste coordinators as well as continuing education requirements for renewals, and associated fees.

87:4 New Paragraph; Purpose and Use of Fund. Amend RSA 147-B:6 by inserting after paragraph I-e the following new paragraph:

I-f. Fees collected in accordance with RSA 147-A:5, III(b) and deposited in the hazardous waste cleanup fund shall be accounted for separately and used to process hazardous waste coordinator certification applications, provide technical training and assistance to coordinators, and hire personnel.

87:5 Supplemental Appropriation to the Department of Environmental Services. Amend 2001, 130:1.03, 04, 04, 01, 01 for fiscal year 2003 to read as follows:

03 RESOURCE PROTECT' N & DEVELOP' T

04 DEPT OF ENVIRONMENTAL SERVICES

04 DIVISION OF WASTE MANAGEMENT

01 HAZARDOUS WASTE PROGRAMS

01 HAZARDOUS WASTE CLEANUP FUND

FY 2003

10 PERSONAL SERVICES - PERMANENT [1,160,459] 1,199,069

18 OVERTIME [68,074] 69,074

20 CURRENT EXPENSES [72,002] 82,002

22 RENT & LEASES OTHER THAN STATE 8,000

24 MAINT. OTHER THAN BUILD. & GRNDS 10,800

28 TRANSFERS TO GENERAL SERVICES D [61,001] 63,401

30 EQUIPMENT NEW/REPLACEMENT [33,000] 36,000

49 TRANSFERS TO OTHER STATE AGENCS D [240,854] 241,854

50 PERSONAL SERVICE - TEMP/APPOINTE 27,659

51 CONSULTANTS-BENEFITED 1,052

59 PART -TIME - BENEFITED 346,059

60 BENEFITS [506,066] 518,421

70 IN-STATE TRAVEL [15,000] 16,000

80 OUT-OF STATE TRAVEL [20,000] 21,500

90 HHW COLLECTION 250,000

91 REMEDIAL ACTION 10,000

92 CONTRACTS 100,000

93 USED OIL GRANTS 100,000

94 TUITION 7,000

95 TECH ASSIST HW COORD 10,385

96 MEDICAL MONITORING 12,100

97 DISPOSAL - TAINTED OIL 10,000

TOTAL [3,059,125] 3,140,376

ESTIMATED SOURCE OF FUNDS FOR

HAZARDOUS WASTE CLEANUP FUND

03 REVOLVING FUNDS I [3,059,125] 3,140,376

TOTAL [3,059,126] 3,140,376

THE FUNDS IN THESE APPROPRIATIONS SHALL NOT BE

TRANSFERRED OR EXPENDED FOR ANY OTHER PURPOSE.

87:6 New Position. The department of environmental services is authorized to establish one waste management specialist IV, salary grade 26.

87:7 Effective Date.

I. Sections 1-4 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect July 1, 2002.

(Approved: May 3, 2002)

(Effective Date: I. Sections 1-4 of this act shall take effect January 1, 2003.

II. The remainder of this act shall take effect July 1, 2002.)