2001 SESSION

01-2189

08/09

HOUSE BILL 1313

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill provides specific conditions for the use of sludge at reclamation sites and in soil manufacturing.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2189

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Findings. The general court finds that both the safety of our drinking water and the sensible recycling of biosolids require more restriction of their application in some circumstances and less in others. Therefore, the rules for biosolids application need to be more specific, according to the type of site and use.

2 New Paragraphs; Definitions. Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraphs:

XXIV. "Reclamation" means the restoration of a site by grading, backfilling, compacting, and landscaping to an appropriate natural contour, the spreading of natural or artificial topsoil, or strippings, if any, and the planting of seedlings or grasses suitable to prevent soil erosion.

XXV. "Soil manufacturing" means the planting of a grass crop on artificial topsoil, made of biosolids, short paper fiber, and sand for the purpose of periodically skimming soil from the top for the purpose of sale or use elsewhere.

3 New Sections; Use of Biosolids. Amend RSA 485-A by inserting after section 5-d the following new sections:

485-A:5-e Biosolids Reclamation of Excavation Sites. In addition to the standards for reclamation in RSA 155-E:5, biosolids and short paper fiber may be spread on an excavation site permitted for reclamation purposes, without monitoring wells, provided:

I. That reclamation spreading process is limited to one per year;

II. It is at rates sufficient only to establish a vegetative cover;

III. It is at fall seeding with a booster application during the following spring;

IV. There is a minimum of a 4 foot vertical barrier to seasonal high water;

V. It is incorporated within 48 hours; and

VI. That any biosolids material stockpiled for longer than 30 days shall be placed on a low-permeable pad and protected from weather and surface runoff and that it be totally removed and the site or sites be cleaned up and reseeded according to best management practices.

485-A:5-f Exception. Sites which are later used for agricultural cropping may receive additional spreading at agronomic rates and times in accordance with rules adopted by the department.

485-A:5-g Biosolids Used in Soil Manufacturing. Biosolids and short paper fiber may be spread on a site above an aquifer permitted for soil manufacturing provided:

I. That a system of monitoring wells be installed and checked according to rules of the department;

II. That only one application is made per year in the spring immediately before seeding;

III. There is a minimum of a 4 foot vertical barrier to seasonal high water;

IV. It is incorporated within 48 hours; and

V. That any biosolids material be isolated and shaped, and sites be annually rotated cleaned and reseeded according to best management practices, to minimize any potential for negative environmental impact.

4 Effective Date. This act shall take effect 60 days after its passage.