CHAPTER Env-Sw 2200 SOLID WASTE MANAGEMENT FUND
Statutory Authority:
RSA 149-R
PART
Env-Sw 2201
SOLID WASTE MANAGEMENT FUND: PURPOSE AND DEFINITIONS
Env-Sw 2201.01 Purpose. The purpose of this chapter is to implement the
rulemaking authority pursuant to RSA 149-R:6 pertaining to the solid waste disposal surcharge, reporting
requirements, matching grants, interest rates for late payment, and payments to
New Hampshire municipalities, pursuant to RSA 149-R:4, II.
Source. #14422,
INTERIM, eff 1-1-26; ss by #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2201.02 Definitions. For purposes of this chapter, the following
definitions shall apply:
(a) “Department” means “department” as defined in
RSA 149-R:2, II;
(b) “Disposal facility” means a facility that
holds a permit issued pursuant to RSA 149-M for a New Hampshire landfill,
incinerator, or waste-to-energy facility;
(c) “Fund” means “fund” as defined in RSA
149-R:2, III; and
(d) “Surcharge” means the solid waste disposal
surcharge established pursuant to RSA 149-R:5.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
PART Env-Sw
2202 SOLID WASTE DISPOSAL SURCHARGE
Env-Sw 2202.01 Applicability. The rules in this part shall apply to
disposal facilities required to collect the surcharge from customers pursuant
to RSA 149-R:5, I and II.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2202.02 Surcharge
Collection, Remittance, and Reporting.
(a) A disposal facility shall collect the
surcharge upon receipt of solid waste for disposal from its customers, in the
amount established in RSA 149-R:5.
(b) A disposal facility shall remit to the
department payment corresponding to the amount of solid waste subject to the
surcharge, and received by the facility, according to the following schedule:
(1) For the 1st
quarter of each calendar year, on or before April 30 of that year;
(2) For the 2nd
quarter of each calendar year, on or before July 30 of that year;
(3) For the 3rd
quarter of each calendar year, on or before October 30 of that year; and
(4) For the 4th
quarter of each calendar year, on or before January 30 of the following year.
(c) With the surcharge payment, a disposal
facility shall:
(1) Complete
and submit form NHDES-S-05-032, the “Solid Waste Disposal Facility Certified
Report Form”, effective July 2026 available at: https://onlineforms.nh.gov/?FormTag=NHDES-S-05-032 for each full or partial calendar quarter the facility is
in operation;
(2)
Certify that the information provided in the certified report is true,
complete, and not misleading to the best of their knowledge and belief; and
(3)
Certify that the person completing the form has been duly authorized by
the permittee to make these declarations.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2202.03 Late
Remittance of Surcharge. A disposal
facility that fails to remit quarterly payment of the surcharges by the due
date established in Env-Sw 2202.02(b) shall pay, in
addition to the surcharge, interest on any unpaid surcharge to the
department, at the rate of 10%, compounded daily.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2202.04
Recordkeeping.
(a) A disposal facility shall maintain the
following records for at least 5 years from the date the record was produced:
(1) Accurate
and complete records detailing the type and quantity of solid waste disposed
during each calendar quarter; and
(2) A copy of
all records used to calculate each quarterly surcharge payment, including waste
receipts.
(b) A disposal facility shall provide copies of
all records specified in (a) above to the department within 15 days of request.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
PART Env-Sw
2203 SOLID WASTE DISPOSAL SURCHARGE REIMBURSEMENT
Env-Sw 2203.01 Applicability. The rules in this part shall apply to offset
payment reimbursements of the surcharge to municipalities, pursuant to RSA
149-R:4, II.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2203.02 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “Municipality” means “municipality” as
defined in RSA 33:1, I, namely “a town, city, school district or village
district.”; and
(b) “Reimbursement” means money paid from the
fund to a municipality to offset a surcharge paid by that municipality.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2203.03 Requests for
Reimbursement.
(a) A municipality may request reimbursement from
the fund of the surcharge the municipality paid to dispose of solid waste at a
disposal facility.
(b) A municipality may submit a request for
reimbursement to the department at least 90 days but
within one year of the end of the calendar quarter in which the municipality
paid the surcharge.
(c) The reimbursement amount shall not exceed the
amount of the surcharge paid by the municipality.
(d) A municipality seeking reimbursement shall:
(1) Complete
and submit form NHDES-S-05-033, “Request for Reimbursement of Solid Waste
Disposal Surcharge Paid by Municipality”, effective July 2026 available at: https://onlineforms.nh.gov/?FormTag=NHDES-S-05-033, for each calendar quarter the municipality paid the
surcharge; and
a. Certify that
the information provided in the request for reimbursement is true, complete,
and not misleading to the best of their knowledge and belief; and
b. Certify that
the person completing the form has been duly authorized by the municipality to
make these declarations; and
(2) Submit
copies of solid waste invoices, documenting the amount of solid waste disposed, in tons, and demonstrating the surcharge paid
during the calendar quarter.
(e) If the department denies a
reimbursement request or approves a reimbursement request for less than the
requested amount, the municipality may resubmit the reimbursement request with
additional information, for reconsideration, including an explanation of the
basis of the resubmittal.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2203.04 Reimbursement
Request Review Procedures.
(a) The department shall not approve a
reimbursement request without receiving the information required in Env-Sw 2203.03(d).
(b) Within 30 days of receipt of a complete reimbursement
request, the department shall determine the amount of reimbursement to be made.
(c) Reimbursement shall be equal to the amount of
surcharge the municipality paid, as demonstrated by the records provided pursuant
to Env-Sw 2203.03(d)(2).
(d) The department shall issue a notice of
reimbursement, and payment, to the municipality within 15 days of the
reimbursement determination.
(e) If the reimbursement amount is less than the
requested amount, the department shall indicate the reasons for a reduction in
payment or non-payment on the notice of reimbursement.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2203.05 Recordkeeping. Municipalities shall:
(a) Keep a complete copy of each reimbursement
request with the records required by Env-Sw 2203.03(d)(2)
for at least 5 years from the date of reimbursement request submittal; and
(b) Provide copies of all records specified in
(a) above to the department within 15 days of request.
Source. #14422, INTERIM, eff 1-1-26; ss by #14633,
eff 7-1-26, EXPIRES: 7-1-36
PART Env-Sw 2204 WASTE
REDUCTION AND DIVERSION GRANT PROGRAM: PURPOSE AND DEFINITIONS
Env-Sw 2204.01 Purpose.
The purpose of the rules in parts Env-Sw 2204 through Env-Sw 2207 is to
implement RSA 149-R:4, III. Rules set forth in these parts establish procedures
for administering a competitive grant program in support of projects and
programs that will:
(a) Provide a demonstrated, significant
improvement in waste diversion methods; and
(b) Contribute to a reduction of wastes, including hazardous wastes, that require disposal.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2204.02 Definitions.
For the purposes
of parts Env-Sw 2204 through Env-Sw
2207, the following definitions shall apply:
(a) “Business” means any corporation,
partnership, limited liability company, proprietorship, association,
trust, business trust, real estate trust, or other form of
organization registered to do business with the New Hampshire secretary of state;
(b) “Disbursement” means a transfer of funds from
the fund to a recipient;
(c) “Eligible costs” means that portion of the
costs of projects that qualify for grant funding under RSA 149-R:4, III;
(d) “Grant agreement” means the financial
assistance agreement between the state and a recipient through which the state
agrees to provide grant funds approved by the department from the fund to the
recipient and the recipient agrees to use the grant funds as specified in its
application, as approved by the department;
(e) “Private entity” means a for profit or not
for profit legal entity that is registered to do business in New Hampshire with
the New Hampshire secretary of state but is not a governmental agency and is
not a business as defined in (a) above; and
(f) “Recipient” means an applicant that receives
grant monies from the fund.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
PART Env-Sw 2205 GRANT ELIGIBILITY; MATCH REQUIRED
Env-Sw 2205.01 Eligible
Entities. The following entities shall
be eligible for grant monies:
(a) Political subdivisions;
(b) Private entities; and
(c) Businesses.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2205.02 Eligible
Projects. Projects that are eligible for grants shall:
(a) Support waste reduction and diversion; and
(b) Provide a demonstrated significant
improvement in waste diversion methods that contributes to a reduction of
wastes requiring disposal, pursuant to RSA 149-R:4, III.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2205.03 Ineligible Costs. The following
costs shall not be eligible for funding:
(a) Costs incurred prior to or after the grant term;
(b) Costs that have been or will be paid for
under any other federal, state, or local government grant or loan, including
other grants or loans from the department;
(c) Recovering energy from the combustion of a waste;
(d) Support for political activities;
(e) Loans or repayment of financial obligations;
(f) Land acquisition costs;
(g) Feasibility studies;
(h) Costs associated with obtaining the grant;
(i) Legal fees; or
(j) Solid waste hauling or disposal fees.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2205.04 Funding
Availability and Announcement.
(a) The department shall choose the number,
frequency, and dollar amount of awards for each grant round based on the
availability of funds.
(b) The department shall announce grant rounds by
publishing a funding announcement on the department’s website and social media
accounts and issuing a press release.
(c) The funding announcement shall identify
project initiatives that shall be given priority by the department.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw
2205.05 Match Required.
(a)
Recipients shall provide matching funds as established in the funding
announcement issued by the department in accordance with Env-Sw 2205.04.
(b) Grant funds from other sources, including
other department grant funds, shall not be used to meet match requirements.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
PART Env-Sw 2206 GRANT APPLICATION SUBMISSION AND PROCESSING
PROCEDURES
Env-Sw 2206.01 Application
Submittal.
(a) To be considered for a waste reduction and
diversion grant, an eligible entity shall submit the following to the
department, prior to the application deadline specified in the funding
announcement:
(1) A complete
application on form NHDES-S-05-042 “Solid Waste Reduction and Diversion Grant
Application”, effective July 2026 available at: https://onlineforms.nh.gov/?formtag=NHDES-S-05-042, provided by the
department;
(2) A certification
that the information provided in the application is true, complete, and not
misleading to the best of their knowledge; and
(3) A certification
that the person signing the application has been duly authorized by the
applicant to make the above declarations and sign this application.
(b) For collaborative projects that include
multiple eligible entities, one entity shall be the primary applicant and shall
submit a letter of commitment from each participating entity as an attachment
to the application.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2206.02 Application
Processing. Application
processing shall be conducted as follows:
(a) The department shall review each grant
application received prior to the submission deadline established in the funding
announcement to determine whether the entity and project are eligible and
whether the application contains all of the
information required by Env-Sw 2206.01; and
(b) If the department determines that the
applicant or the project is not eligible, or the application does not contain
all of the information required by Env-Sw 2206.01,
the department shall not consider the application for award and shall notify
the applicant of the reasons for the determination.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2206.03
Basis of Fund Allocation; Grant Award Decisions and Notification.
(a)
The department shall rank grant applications in accordance with the
following scoring criteria:
(1) Need;
(2) Anticipated impact;
(3) Cost effectiveness;
(4) Collaboration with other political
subdivisions or entities;
(5) Alignment with the priorities identified
pursuant to Env-Sw 2205.04(c).
(b)
The department shall release scoring with the grant notice that will
describe how each of the criteria will be weighed.
(c)
Grant awards shall be made in the order of ranking, beginning with the
highest-ranked application, and continuing sequentially until the total amount
of funds available for the grant round have been committed or the remaining
applications do not meet the minimum scoring criteria to be awarded funding.
(d)
The department shall notify each applicant in writing regarding whether
the application has been selected for grant funding and, if selected, provide
each applicant with the grant agreement.
(e)
Failure of the applicant to provide the complete and executed grant
agreement within 30 days of notification shall result in a withdrawal of the
grant award, unless an extension of the deadline is requested in writing by the
applicant and agreed to by the department.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
PART Env-Sw 2207
DISBURSEMENT OF FUNDS; GENERAL GRANT REQUIREMENTS
Env-Sw 2207.01 Disbursement of Grant Funds.
(a)
Grant fund recipients shall:
(1) Request disbursement for eligible costs by
completing and submitting form NHDES-S-05-045, “Progress Report and Disbursement
Request for the Solid Waste Reduction and Diversion Grant” form, effective July
2026, and available at: https://onlineforms.nh.gov/?formtag=NHDES-S-05-045, as specified
below:
a. Submit the form no more frequently than
quarterly; and
b. Submit a final report using the form in (1)
above no later than 30 days after the completion of the project, unless
otherwise requested in writing by the department;
(2) Attach photos that illustrate progress made,
or completion of the project;
(3) Submit copies of receipts, invoices, or proof
of payment for all expenses;
(4) Certify that the information in the “Progress
Report and Disbursement Request for the Solid Waste Reduction and Diversion
Grant” form is true and correct to the best of the recipient’s knowledge; and
(5) Certify that the signatory has been duly
authorized to make the declarations required in the form.
(b)
The department shall approve a disbursement request submitted as
specified in (a) above if it determines:
(1) The costs covered by the disbursement request
are eligible costs; and
(2) The costs have not been covered by any
previous disbursement.
(c)
Upon approval of a disbursement request, the department shall authorize
the disbursement to be made to the recipient from the fund.
(d)
If the recipient submits an incomplete “Progress Report and Disbursement
Request for the Solid Waste Reduction and Diversion Grant” form, the department
shall notify the recipient of each deficiency.
(e)
In order to receive a disbursement, the recipient shall correct all
deficiencies no later than 30 days of the date of the notice provided pursuant
to (d) above.
(f)
If the recipient does not correct all deficiencies within 30 days, the department
shall not authorize disbursement.
(g)
If the department does not approve all or part of a disbursement
request, it shall provide the reasons for such non-approval.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
Env-Sw 2207.02 General Grant Requirements. Recipients shall adhere to the following
requirements throughout the grant term:
(a)
Attend commencement and periodic check-in meetings that the department
may schedule, as necessary;
(b)
Allow inspections of project facilities by the department; and
(c) Provide copies of project-related documents to
verify compliance with the grant agreement, as requested by the department.
Source. #14633, eff 7-1-26, EXPIRES: 7-1-36
APPENDIX A: STATE STATUTES
IMPLEMENTED
|
Rule Sections |
Statutes Being Implemented |
|
Env-Sw 2201 |
RSA 149-R:2, III; RSA 149-R:4, II; RSA 149-R:6 |
|
Env-Sw 2202 |
RSA 149-R:5, I,
II, III, V; RSA 149-R:6, I, II, III, VII |
|
Env-Sw 2203 |
RSA 149-R:4, II;
RSA 149-R:6, II, IV |
|
Env-Sw 2204 |
RSA 149-R:4,
III, IV; RSA 149-R:6, VI |
|
Env-Sw 2205 |
RSA 149-R:4,
III, IV; RSA 149-R:6, VI |
|
Env-Sw 2206 |
RSA 149-R:4,
III, IV; RSA 149-R:6, VI |
|
Env-Sw 2207 |
RSA 149-R:4,
III, IV; RSA 149-R:6, VI; RSA 149-M:6, IV |