0148-hb 0578

CHAPTER 148

HB 578-FN-A - FINAL VERSION

AN ACT establishing a program for self-certification by small quantity hazardous waste generators and making an appropriation therefor.

SPONSORS: Rep. P. Allen, Ches 27; Rep. Phinizy, Sull 23

This bill establishes a program for self-certification by small quantity hazardous waste generators. The bill makes an appropriation from the hazardous waste cleanup fund for the purposes of the bill.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing a program for self-certification by small quantity hazardous waste generators and making an appropriation therefor.

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

148:1 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; Small Quantity Hazardous Waste Generator Self-Certification Program.

148:2 New Paragraph; Small Quantity Hazardous Waste Generator Self-Certification Program. Amend RSA 147-A:5 by inserting after paragraph III the following new paragraph:

IV.(a) Each hazardous waste generator that generates less than 220 pounds (100 kilograms) of hazardous waste per month shall submit to the department, every 3 years, a self-certification declaration stating that the facility is in compliance with the small quantity hazardous waste generator rules. The declaration shall be on a form provided by the department.

(b) The department shall collect the fees specified in subparagraph (c) to process the self-certification reports required by this section. In addition, the department may charge a reasonable fee to cover expenses to provide technical assistance, education, and management for the small quantity hazardous waste generator self-certification program.

(c) Each self-certification declaration form submitted to the department by a small quantity hazardous waste generator shall be accompanied by a non-refundable fee of $180 to cover department expenses for conducting the self-certification program and hiring of program staff. The schedule for submission of self-certification forms and fees shall be by counties in the following order:

(1) Small quantity hazardous waste generators in Rockingham and Strafford counties shall submit self-certification forms by January 1, 2004. A fee of $180 for the period of 2004, 2005 and 2006 shall be paid to the department by January 1, 2004. Self-certification forms and a $180 renewal fee shall be paid to the department by January 1, 2007, and every 3 years thereafter.

(2) Small quantity hazardous waste generators in Hillsborough and Cheshire counties shall submit self-certification forms by January 1, 2005. A fee of $60 for 2004 shall be paid to the department by January 1, 2005. Self-certification forms and a $180 renewal fee for the period of 2005, 2006 and 2007 shall be paid to the department by January 1, 2005, and every 3 years thereafter.

(3) Small quantity hazardous waste generators in Merrimack, Coos, Carroll, Belknap, Sullivan and Grafton counties shall submit self-certification forms by January 1, 2006. A fee of $120 for the period of 2004 and 2005 shall be paid to the department by January 1, 2006. Self-certification forms and a $180 renewal fee for the period of 2006, 2007 and 2008 shall be paid to the department by January 1, 2006, and every 3 years thereafter.

(d) If the self-certification form and fee is received more than 60 days after the renewal date, the department shall charge a late fee of 10 percent per month or portion thereof that the fee is late.

(e) Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration.

148:3 New Paragraphs; Rulemaking. Amend RSA 147-A:3 by inserting after paragraph XXVI the following new paragraphs:

XXVII. Procedures and criteria for administration of a small quantity hazardous waste generator self-certification program and associated fees pursuant to RSA 147-A:5, IV.

XXVIII. Procedures for collection of the hazardous waste generator notification fee for new generators of hazardous waste specified in RSA 147-A:6-a.

148:4 New Section; Hazardous Waste Generator Notification Fee. Amend RSA 147-A by inserting after section 6 the following new section:

I. Each initial notification of hazardous waste activity filed by any new hazardous waste generator in New Hampshire shall be accompanied by a non-refundable fee of $100.

II. Political subdivisions of the state shall be exempt from this notification fee.

148:5 New Paragraph; Purpose and Use of Fund. Amend RSA 147-B:6 by inserting after paragraph I-f the following new paragraph:

I-g. Fees collected pursuant to RSA 147-A:5, IV (c) and RSA 147-A:6-a shall be deposited in the hazardous waste cleanup fund established in RSA 147-B:3 and shall be accounted for separately and used to manage the small quantity hazardous waste generator self-certification program, provide technical training and assistance to hazardous waste generators, hire personnel, and pay administrative costs.

148:6 New Paragraph; Fee Exemptions. Amend RSA 147-B:9 by inserting after paragraph V the following new paragraph:

148:7 New Positions. The department of environmental services is authorized to establish one waste management specialist IV, salary grade 26; one supervisor VII, salary grade 28; one environmentalist IV, salary grade 27; and one program assistant I, salary grade 12.

148:8 Appropriation. The sum of $249,382 is hereby appropriated to the department of environmental services for the fiscal year ending June 30, 2004, and the sum of $254,145 for the fiscal year ending June 30, 2005 for the purpose of funding the small quantity hazardous waste generator self-certification program, including the costs associated with the position salaries, benefits, and other program expenses. This appropriation shall be funded from the hazardous waste cleanup fund, under RSA 147-B.