CHAPTER 108

HB 593-FN-LOCAL - FINAL VERSION

25mar03... 0653h

05/08/03 1455s

15may03... 1772eba

2003 SESSION

03-0598

06/01

HOUSE BILL 593-FN-LOCAL

AN ACT relative to solid waste facilities in small towns.

SPONSORS: Rep. Brady, Coos 2; Rep. Tholl, Coos 2; Rep. Theberge, Coos 3; Rep. H. Richardson, Coos 2; Sen. Gallus, Dist 1

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill exempts towns with a population of 5,000 or fewer from cleaning up an inactive public solid waste facility as long as the inactive facility is monitored, the monitoring shows that it has no adverse impact on the environment, and approval of a closure plan has been obtained from the department. A town which complies with these requirements shall not lose its grant funding under RSA 149-M.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0653h

05/08/03 1455s

15may03... 1772eba

03-0598

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to solid waste facilities in small towns.

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

108:1 New Paragraph; Small Town Exemption. Amend RSA 149-M:9 by inserting after paragraph XII the following new paragraph:

XIII.(a) No permit issued by the department to a town with a population of 5,000 persons or fewer shall require the town to clean up an inactive, municipally-owned, unlined landfill (inactive facility) if the town:

(1) Monitors the inactive facility in accordance with requirements established in RSA 485-C and RSA 149-M and rules adopted by the department.

(2) Continues to show, through monitoring devices, that the inactive facility is having no adverse impact, as defined in rules adopted by the department, on the environment.

(3) Has obtained approval of a closure plan from the department by January 30 of the calendar year in which the facility is scheduled to close by the department.

(b) A town which complies with the requirements of subparagraph (a) shall not lose grant funding for which the town is eligible under this chapter.

(c) This paragraph shall not apply to those facilities governed under the terms of 40 C.F.R. part 258.

108:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 6, 2003)

(Effective Date: August 5, 2003)