{"id": "HB1572", "year": 1996, "term": "1995-1996", "title": "recodifying and revising the solid waste laws.", "narrative": "It was introduced on January 3, 1996 and referred to the House Environment and Agriculture committee. The committee held public hearings on January 23, 1996 and January 31, 1996. The committee held a work session on February 7, 1996. The committee held a public hearing on February 14, 1996. The majority of the committee recommended that the House pass it with changes unanimously, 16\u20130. On March 6, 1996 the House voted to pass it with changes on a voice vote. It crossed to the Senate on March 7, 1996 and was referred to the Senate Environment committee. The committee held a public hearing on April 2, 1996. The committee voted unanimously, 5\u20130, to recommend that the Senate pass it with changes. On April 16, 1996 the Senate voted to pass it with changes on a voice vote. On April 16, 1996 the Senate adopted \u201cRecommit\u201d on a voice vote. The committee voted unanimously, 6\u20130, to recommend that the Senate pass it with changes. On April 17, 1996 the Senate voted to pass it with changes on a voice vote. On April 18, 1996 the House voted to reject the other chamber's changes on a voice vote. On April 30, 1996 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d on a voice vote. A committee of conference met on May 2, 1996 to try to settle the differences between the two chambers' versions of the bill. On May 29, 1996 the Senate adopted \u201cConference Committee Report\u201d on a voice vote. On May 29, 1996 the House adopted \u201cConference Committee Report\u201d on a voice vote. An enrolled bill amendment (6160) was adopted on May 29, 1996. These correct technical errors found after passage. An enrolled bill amendment () was adopted on May 29, 1996. These correct technical errors found after passage. The bill was enrolled on May 29, 1996 \u2014 the final check of the text before it goes to the governor. The governor signed it on June 10, 1996, making it Chapter 251 of the session laws. It took effect on August 9, 1996.", "stages": [{"label": "House Committee (Environment and Agriculture)", "hand": "H:committee", "text": "It was introduced on January 3, 1996 and referred to the House Environment and Agriculture committee. The committee held public hearings on January 23, 1996 and January 31, 1996. The committee held a work session on February 7, 1996. The committee held a public hearing on February 14, 1996. The majority of the committee recommended that the House pass it with changes unanimously, 16\u20130.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On March 6, 1996 the House voted to pass it with changes on a voice vote.", "notes": []}, {"label": "Senate Committee (Environment)", "hand": "S:committee", "text": "It crossed to the Senate on March 7, 1996 and was referred to the Senate Environment committee. The committee held a public hearing on April 2, 1996. The committee voted unanimously, 5\u20130, to recommend that the Senate pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 16, 1996 the Senate voted to pass it with changes on a voice vote. On April 16, 1996 the Senate adopted \u201cRecommit\u201d on a voice vote.", "notes": []}, {"label": "Senate Committee (Environment)", "hand": "S:committee", "text": "The committee voted unanimously, 6\u20130, to recommend that the Senate pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 17, 1996 the Senate voted to pass it with changes on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 18, 1996 the House voted to reject the other chamber's changes on a voice vote.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 30, 1996 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d on a voice vote.", "notes": []}, {"label": "Committee of Conference", "hand": "C:conference", "text": "A committee of conference met on May 2, 1996 to try to settle the differences between the two chambers' versions of the bill.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 29, 1996 the Senate adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 29, 1996 the House adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "An enrolled bill amendment (6160) was adopted on May 29, 1996. These correct technical errors found after passage. An enrolled bill amendment () was adopted on May 29, 1996. These correct technical errors found after passage. The bill was enrolled on May 29, 1996 \u2014 the final check of the text before it goes to the governor. The governor signed it on June 10, 1996, making it Chapter 251 of the session laws. It took effect on August 9, 1996.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "1996-01-03", "text": "INTRODUCED AND REF TO ENV & AGRIC; HJ4,P139", "routine": false, "cite": "HJ 4"}, {"date": "1996-01-03", "text": "COPY TO CHAIRMAN ON 12/12/95 DUE ON 02/07/96", "routine": false}, {"date": "1996-01-23", "text": "HEARING JAN23 10:30 RM303,LOB FOR: ENV&AG", "routine": false}, {"date": "1996-01-23", "text": "//CANCELLED//SUBCOM WORK SESSION FEB01 09:30 RM303,LOB FOR: E", "routine": false}, {"date": "1996-01-30", "text": "COPY TO CHAIRMAN ON 12/12/95 DUE ON 02/22/96", "routine": false}, {"date": "1996-01-31", "text": "HEARING ON PROP AM JAN31 01:00 RM303,LOB FOR: E&A", "routine": false}, {"date": "1996-02-07", "text": "SUBCOM WORK SESSION FEB07 10:30?? RM303,LOB FOR: E&A", "routine": false}, {"date": "1996-02-14", "text": "CONTINUED HEARING ON PROP AM FEB14 10:00 RM303,LOB FOR: E&A", "routine": false}, {"date": "1996-02-21", "text": "MAJ REPORT OTP/AM FOR MAR05 (VOTE 16-0)", "routine": false}, {"date": "1996-02-21", "text": "PROP COMM AM<5013>; HC28,P1026-1029", "routine": false, "cite": "HC 28"}, {"date": "1996-03-05", "text": "MOVED TO MAR06 CALENDAR WITHOUT OBJECTION", "routine": false}, {"date": "1996-03-06", "text": "COMM AM, AA VV; PASSED WITH AM VV; HJ37,P1330-1333 + 1340", "routine": false, "cite": "HJ 37"}, {"date": "1996-03-07", "text": "INTRODUCED AND REF TO ENVIRONMENT; SJ11,P201", "routine": false, "cite": "SJ 11"}, {"date": "1996-04-02", "text": "HEARING APR02 01:00 RM104,LOB FOR: ENVIRON", "routine": false}, {"date": "1996-04-15", "text": "COMM REPORT OTP/AM APR16 (VOTE 5-0)", "routine": false}, {"date": "1996-04-15", "text": "PROP COMM AM<5719>; SC24,P5-6", "routine": false, "cite": "SC 24"}, {"date": "1996-04-16", "text": "COMM AM, AA VV; PASSED WITH AM VV; SJ18,P287-288", "routine": false, "cite": "SJ 18"}, {"date": "1996-04-16", "text": "SEN RUSSMAN MOVED TO RECONSIDER, MA VV; RECOMMITTED TO ENVIRON, SEN RUSSMAN MA VV; SJ18,P304", "routine": false, "cite": "SJ 18"}, {"date": "1996-04-16", "text": "COMM REPORT OTP/AM APR17 (VOTE 6-0)", "routine": false}, {"date": "1996-04-16", "text": "PROP COMM AM<5763>; SC25,P11", "routine": false, "cite": "SC 25"}, {"date": "1996-04-17", "text": "COMM AM, AA VV; PASSED WITH AM VV; SJ19,P315 + 329", "routine": false, "cite": "SJ 19"}, {"date": "1996-04-18", "text": "HOUSE NONC WITH SEN AM REQ CONF COMM, REP MUSLER MA VV;HJ56,P1835", "routine": false, "cite": "HJ 56"}, {"date": "1996-04-18", "text": "<SPKR APPTS REPS: PHILBRICK, BURNHAM, DAVIS & MESSIER>", "routine": false}, {"date": "1996-04-30", "text": "SEN ACCEDED TO REQ FOR CONF COMM, SEN RUSSMAN MA VV; SJ21,P381", "routine": false, "cite": "SJ 21"}, {"date": "1996-04-30", "text": "<PRES APPTS SENS: RUSSMAN, PIGNATELLI & F KING>", "routine": false}, {"date": "1996-05-02", "text": "CONF COMM MEETING MAY02 09:30 RM303,LOB", "routine": false}, {"date": "1996-05-22", "text": "CONF COMM REPORT (SEN AM + NEW AM<6002>) FILED", "routine": false}, {"date": "1996-05-29", "text": "CONF COMM REPORT ADOPTED VV; SJ25,P518", "routine": false, "cite": "SJ 25"}, {"date": "1996-05-29", "text": "CONF COMM REPORT ADOPTED VV; HJ69,P2133", "routine": false, "cite": "HJ 69"}, {"date": "1996-05-29", "text": "ENROLLED AM<6160>, AA; HJ72,P2179-2188", "routine": false, "cite": "HJ 72", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-05-29", "text": "ENROLLED AM, AA; SJ25,P602-613", "routine": false, "cite": "SJ 25", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-05-29", "text": "ENROLLED; HJ72,P2197", "routine": false, "cite": "HJ 72", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-05-29", "text": "ENROLLED; SJ25,P617", "routine": false, "cite": "SJ 25", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-06-10", "text": "SIGNED BY GOVERNOR 06/10/96 EFF: 08/09/96 CHAP.0251", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": false, "votes": false, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "251", "journey": {"steps": [{"date": "1996-03-06", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1996-04-16", "body": "S", "act": "recommitted", "mark": "h", "text": "Sent back to committee on a voice vote"}, {"date": "1996-04-17", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1996-04-18", "body": "H", "act": "nonconcurred", "mark": "h", "text": "Refused the Senate's amendment and asked for a committee of conference on a voice vote"}, {"date": "1996-05-29", "body": "S", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "1996-05-29", "body": "H", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "1996-06-10", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 251, in effect Aug 9, 1996", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "1996-01-03", "say": "Introduced"}, {"stop": "House", "mark": "p", "date": "1996-03-06", "say": "Passed with an amendment on a voice vote"}, {"stop": "Senate", "mark": "p", "date": "1996-04-17", "say": "Passed with an amendment on a voice vote"}, {"stop": "Governor", "mark": "p", "date": "1996-06-10", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "1996-08-09", "say": "Chapter 251, in effect Aug 9, 1996"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONFERENCE REPORT ADOPTED", "senate_status": "CONFERENCE REPORT ADOPTED"}, "sponsors": [{"member_id": "", "name": "Burnham", "party": "", "chamber": "H", "county": "Cheshire", "district": "8", "label": "Rep. 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The general court of the\nstate of New Hampshire reaffirms the legislative findings in 1981,\n566:1, I-VII, namely:\n\nI. The process of disposal of solid waste has\nbeen and should continue to be primarily the responsibility of\nmunicipal government.\n\nII. Improper management and disposal of solid\nwaste is a threat to public health and safety.\n\nIII. Improper disposal of these wastes has resulted\nin degradation of the environment, particularly in reduced air\nand water quality.\n\nIV. Escalating costs have placed unprecedented\nfinancial burdens on municipal government, and as a result the\nstate should consider all reasonable means of providing technical\nor financial aid or both.\n\nV. Although municipalities have primary responsibility\nfor solving the problems of solid waste disposal, solutions should\nnot only be based on individual municipal needs, but should include\nenvironmentally safe and economical answers which involve more\nthan one community.\n\nVI. The state should provide a workable procedure\nto avoid duplication of effort and unnecessary expense to towns\nand cities.\n\nVII. In most cases, cooperative plans for waste\nmanagement and disposal are more cost effective and offer more\noptions.\n\n251:2 Chapter Revised and Recodified. RSA 149-M is repealed\nand reenacted to read as follows:\n\nCHAPTER 149-M\n\nSOLID WASTE MANAGEMENT\n\n149-M:1 Statement of Purpose. It is the declared purpose\nof the general court to protect human health, to preserve the\nnatural environment, and to conserve precious and dwindling natural\nresources through the proper and integrated management of solid\nwaste.\n\n149-M:2 Waste Reduction Goal.\n\nI. The general court declares that the goal of\nthe state, for the period 1990-2000, is to achieve a 40 percent\nminimum weight reduction in the solid waste stream on a per capita\nbasis. Weight reduction shall be measured with respect to changes\nin the total waste stream generated. The goal of weight reduction\nshall be achieved through source reduction, recycling, reuse,\nand composting, or any combination of such methods. Ash resulting\nfrom waste-to-energy technologies or other incineration shall\nnot be subject to further weight reduction. Recycling, reuse,\nand composting efforts existing as of 1990 shall be considered\nas counting towards the 40 percent weight reduction goal.\n\nII. In exercising any and all powers conferred\nupon the division of waste management under this chapter, the\ndivision shall use and consider criteria relevant to the waste\nreduction goal and disposal hierarchy established in RSA 149-M:2\nand 149-M:3. The division shall not take any action relative\nto the 40 percent weight reduction goal which causes the municipalities\norganized under RSA 53-A and 1986, 139 or RSA 53-B to violate\nor incur penalties under legal obligations existing on June 26,\n1990.\n\n149-M:3 Achieving Goals; Hierarchy. The general court\nsupports integrated solid waste disposal solutions which are environmentally\nsafe and economically sound. The general court endorses, in order\nof preference, the following waste management methods:\n\nI. Source reduction.\n\nII. Recycling and reuse.\n\nIII. Composting.\n\nIV. Waste-to-energy technologies (including incineration).\n\nV. Incineration without resource recovery.\n\nVI. Landfilling.\n\n149-M:4 Definitions. In this chapter:\n\nI. \"Abutter\" means any person who owns\nproperty adjacent to, or across a road, railroad, or stream from\nthe property on which a solid waste facility may be permitted.\n\nII. \"Approved facility\" means a facility\nwith a valid permit from the division.\n\nIII. \"Commissioner\" means the commissioner\nof the department of environmental services.\n\nIV. \"Compost\" means a stable, humus-like\nsubstance which is derived from a process involving the biological\ndecomposition of any readily biodegradable material, such as animal\nmanure, garbage, yard waste, septage, sludge, or other organic\nsolid wastes, and which can be beneficially re-used for land\napplication.\n\nV. \"Department\" means the department\nof environmental services.\n\nVI. \"Director\" means the director of\nthe division of waste management.\n\nVII. \"Disposal\" means the discharge,\ndeposit, injection, dumping, spilling, leaking, incineration,\nor placing of any solid waste into or onto any land or water with\nthe possible result that such solid waste or any constituent of\nit may enter the environment, be emitted into the air, or be discharged\ninto any waters, including groundwater.\n\nVIII. \"District\" means a solid waste\nmanagement district established under RSA 149-M:24.\n\nIX. \"District plan\" means the plan\ndeveloped for waste management within a district, and approved\nby the division.\n\nX. \"Division\" means the division of\nwaste management.\n\nXI. \"Facility\" means a location, system,\nor physical structure for the collection, separation, storage,\ntransfer, processing, treatment, or disposal of solid waste.\n\nXII. \"Hearing\" means the opportunity\nfor the submission of written or oral comments, or both.\n\nXIII. \"Manure\" means animal feces and\nurine with natural organic bedding materials such as hay, sawdust,\nstraw, or wood chips, but exclusive of human waste.\n\nXIV. \"Order\" means an official written\nnotice requiring compliance with a statute, rule, or permit.\n\nXV. \"Out-of-state solid waste\" means\nsolid waste generated or originating outside the borders of the\nstate, but not including solid waste generated or originating\nfrom communities participating in cooperative agreements authorized\nby RSA 53-D.\n\nXVI. \"Permit\" means an authorization\nfrom the division for the construction and operation of a facility.\n\nXVII. \"Person\" means any individual;\nbusiness entity, including a trust, firm, joint stock company,\ncorporation (including a government corporation); partnership;\nassociation; government agency; or political subdivision of the\nstate.\n\nXVIII. \"Private facility\" means one\nwhose permit is held by a person other than a government unit\nor agency or political subdivision of the state.\n\nXIX. \"Public benefit\" means the protection\nof the health, economy, and natural environment of the state of\nNew Hampshire consistent with RSA 149-M:11.\n\nXX. \"Public facility\" means one whose\npermit is held by a town or other governmental unit or agency\nor political subdivision of the state, or a combination thereof.\n\nXXI. \"Recyclable materials\" means materials\nthat can be used to produce marketable goods, including but not\nlimited to separated clear and colored glass, aluminum, ferrous\nand nonferrous metals, plastics, corrugated cardboard, motor vehicle\nbatteries, tires from motor vehicles, and paper.\n\nXXII. \"Recycling\" means the collection,\nstorage, processing, and redistribution of recyclable materials.\n\nXXIII. \"Refuse\" means and includes\nany waste product, solid or having the character of a solid rather\nthan a liquid in that it will not flow readily without additional\nliquid, and which is composed wholly or partly of such materials\nas garbage, swill, sweepings, cleanings, trash, rubbish, litter,\nindustrial or domestic solid wastes; organic wastes or residue\nof animals sold as meat; fruit, vegetable or animal matter from\nkitchens, dining rooms, markets, food establishments or any places\ndealing in or handling meat, fowl, fruits, grain or vegetables;\noffal, animal excreta, or the carcasses of animals; brick, plaster,\nor other waste matter resulting from the demolition, alteration,\nor construction of buildings or structures; or accumulated waste\nmaterial, cans, containers, tires, junk, or other such substances\nwhich may become a nuisance.\n\nXXIV. \"Solid waste\" means any matter\nconsisting of putrescible material, refuse, residue from an air\npollution control facility, and other discarded or abandoned material.\nIt includes solid, liquid, semisolid, or contained gaseous material\nresulting from industrial, commercial, mining, and agricultural\noperations, and from community activities. For purposes of this\nchapter, it does not include hazardous waste as defined in RSA\n147-A:2; solid or dissolved materials in irrigation return flows;\ncut or uprooted tree stumps buried on-site with local approval\nif required, provided that such burial locations are not located\nwithin 75 feet of any drinking water supply; municipal and industrial\ndischarges which are point sources subject to permits under section\n402 of the Federal Water Pollution Control Act, as amended; source,\nspecial nuclear or by-product material as defined by the Atomic\nEnergy Act of 1954, as amended; or septage or sludge as defined\nin RSA 485-A:2, IX-a and XI-a.\n\nXXV. \"Solid waste management\" means\nthe systematic administration of activities for the collection,\nseparation, processing, treatment, transportation, transfer, storage,\nrecovery, and disposal of solid waste.\n\nXXVI. \"Source reduction\" means changing\nindustrial processes, technologies, and product components with\nthe specific objective of reducing the amount or toxicity of waste\nat the source.\n\nXXVII. \"Special waste\" means any matter\nconsisting of medical or infectious wastes.\n\nXXVIII. \"State plan\" means the state\nsolid waste management plan developed under RSA 149-M:29.\n\nXXIX. \"Town\" means town, city, unincorporated\ntown, and unorganized place.\n\n149-M:5 Administration and Enforcement.\n\nI. The division shall administer and enforce\nthis chapter. The division is hereby named as the state agency\nfor planning and regulating solid waste management.\n\nII. The responsibility and authority vested in\nthe division under this chapter shall not affect the responsibilities\nand authority vested in the division of air resources or in the\ndivision of water supply and pollution control.\n\nIII. The director shall be the head of the division\nand shall be responsible for administering this chapter.\n\n149-M:6 Responsibilities. The division shall have the\nresponsibility and authority to:\n\nI. Administer and enforce this chapter, and all\norders and permits issued and rules adopted under it.\n\nII. Establish solid waste management policies\nand goals consistent with the provisions of RSA 149-M:1-3.\n\nIII. Regulate facilities through administration\nof a permit system.\n\nIV. Enter, at all reasonable times, in or upon\nany private or public property, except private residences, to:\n\n(a) Inspect any facility; or\n\n(b) Investigate any condition which is\nbelieved to be in violation either of this chapter or of any of\nthe rules adopted or orders issued under it, or which presents\na substantial threat to human health or the environment.\n\nV. Hold hearings, issue notices of hearings,\nand take testimony.\n\nVI. Prepare the state solid waste plan.\n\nVII. Provide technical assistance and information\nto citizens, towns, and districts.\n\nVIII. Review in order to approve or require modification\nof town or district solid waste plans.\n\nIX. Administer grants or other funds to carry\nout this chapter.\n\nX. Consult, cooperate, or contract with other\nstate agencies responsible for solid waste issues, with interstate\nand federal agencies, with New Hampshire nonprofit recycling organizations,\nand with other affected groups.\n\nXI. Assess a surcharge on the disposal of out-of-state\nsolid waste in the amount of $1 per ton, which shall be assessed\nagainst the person transporting the out-of-state solid waste to\nthe facility and not assessed against the facility. The surcharge\nshall be assessed and collected only with respect to the first\npoint of disposal, processing, or treatment within this state.\nThe proceeds shall be used by the division to reduce and offset\ngeneral fund expenditures for solid waste management.\n\nXII. Determine whether the taking of land by\neminent domain is necessary and appropriate and to order the initiation\nof such proceedings.\n\nXIII. Establish and administer a certification\nprogram for solid waste operators which shall include training\ncourses, and may include testing. The registration fee for any\ncourse shall not exceed $50 per attendee, and shall be deposited\nin the nonlapsing revolving fund established in RSA 21-O:1-a.\n\nXIV. Conduct any other activity for the purpose\nof administering this chapter.\n\n149-M:7 Rulemaking. The commissioner shall have the\nresponsibility and authority to adopt rules, under RSA 541-A,\nrelative to this chapter, including rules relative to:\n\nI. Criteria for approving town and district solid\nwaste plans.\n\nII. Criteria for all types of facilities, including\nstandards for the proper receipt, reclamation, or disposal of\nseparated motor vehicle wastes.\n\nIII. Administration of a permit system, including\nthe terms and conditions under which the division shall issue,\nmodify, suspend, revoke, deny, approve, or transfer permits required\nby this chapter.\n\nIV. A schedule of permit fees.\n\nV. Standards for granting any exemptions or notice\nwaivers from RSA 149-M:9.\n\nVI. Certifying solid waste facility operators\npursuant to RSA 149-M:6, XIII.\n\nVII. Administration of and standards for the\nassessment and collection of the out-of-state solid waste surcharge\npursuant to RSA 149-M:6, XI.\n\nVIII. Standards and procedures for the treatment\nand disposal of special waste.\n\nIX. Administrative fines as provided in RSA 149-M:16.\n\nX. A schedule of administrative fines which may\nbe imposed under this section for violation of this chapter as\nprovided in paragraph IX.\n\nXI. Procedures for notice and hearing prior to\nthe imposition of an administrative fine.\n\nXII. Administration of the cleanup of waste sites\nprovided for in RSA 149-M:30 and the aid to municipalities program\nprovided in RSA 149-M:41 through 50.\n\nXIII. Toxics reduction provided in RSA 149-M:32-40.\n\nXIV. Establish minimum standards for closing\nall solid waste facilities according to type of waste disposed\nof, and establish state closure guidelines for all facility owners\nand operators which shall include, but not be limited to, monitoring,\nrestoration, and correction and compliance procedures which may\nbe necessary in the maintenance of a closed landfill facility.\n\nXV. Such other rules as are deemed necessary\nto implement the provisions of this chapter.\n\n149-M:8 Appeals. Administrative appeals from decisions\nof the director made under the provisions of this chapter shall\nbe heard by the waste management council under RSA 21-O:9, V.\n\n149-M:9 Permit Required.\n\nI. No person shall construct, operate, or initiate\nclosure of a public or private facility without first obtaining\na permit from the division. However, no permit shall be required\nfor hauling or storing manure, if used as fertilizer.\n\nII. It shall be unlawful to transport solid waste\nto, or to dispose of solid waste at, any facility other than an\napproved facility.\n\nIII. Applications for permits shall be upon such\nforms and shall include such information as the division requires\nby rules adopted under RSA 149-M:7. The application information\nshall include, but not be limited to, a performance history of\nthe applicant and of its officers and directors relative to the\noperation, financial security, and ownership of all facilities\nowned or operated by the applicant. Whenever requested by the\ndivision, the attorney general shall conduct a background investigation\nof the performance history and criminal record of the applicant\nand of its officers and directors, if any, and make a report to\nthe division. The cost of any investigation under this paragraph\nshall be borne by the applicant. The applicant shall also demonstrate\nthat the proposed facility provides a substantial public benefit\npursuant to RSA 149-M:11.\n\nIV. Each facility seeking a permit shall submit\nevidence that the facility includes separate provisions for the\ncollection, reclamation, and disposal of motor vehicle waste.\n\nV. As a condition for any permit, the division\nmay require payment of a reasonable fee, set by rules adopted\nunder RSA 149-M:7. Such funds shall be used by the division for\nthe purposes of this chapter.\n\nVI. No person shall operate a public or private\nfacility who is not certified by the division.\n\nVII. A permit issued by the division for a facility\nshall not eliminate the need to comply with all lawful and applicable\nlocal ordinances, codes, and regulations that are consistent with\na district plan.\n\nVIII. The division shall act upon each permit\napplication within a reasonable period of time. Prior to such\naction, the division shall provide notice of the application by\npublication in at least one newspaper of general circulation in\nthe community and an opportunity for hearing to interested persons.\nThe applicant shall notify abutters of the public hearing in\nwriting by certified mail, return receipt requested. The requirement\nof public notice and hearing shall apply at the discretion of\nthe division to facilities or activities that will have an insignificant\neffect on environmental quality as defined by rule under RSA 149-M:7.\n\nIX. The division may deny a permit application\nunder this section to a person if any of the following applies:\n\n(a) The person fails to demonstrate sufficient\nreliability, expertise, integrity, and competence to operate a\nsolid waste facility.\n\n(b) The person has been convicted of,\nor pled guilty or no contest to, a felony in any state or federal\ncourt during the 5 years before the date of the permit application.\n\n(c) In the case of a corporation or business\nentity, if any of its officers, directors, partners, key employees\nor persons or business entities holding 10 percent or more of\nits equity or debt liability has been convicted of, or pled guilty\nor no contest to, a felony in any state or federal court during\nthe 5 years before the date of the permit application.\n\nX. The division shall not issue a permit for\na solid waste facility unless the facility meets the terms and\nconditions required in rules adopted by the commissioner. These\nterms and conditions include, but are not limited to, monitoring,\ncontingency plans, closure, and evidence of financial responsibility\nin the amount set by the division after consultation with the\ncommissioner of insurance. This amount shall be whatever is necessary\nto:\n\n(a) Protect the public health and welfare\nand the environment; and\n\n(b) Insure that appropriate measures\nwill be taken to prevent present and future damage to the public\nhealth and safety or to the environment, in the event that the\noperations at the facility are abandoned, interrupted, or stopped.\n\nXI. All permits shall be continuous in duration,\nbut may be suspended or revoked for cause as provided in this\nchapter.\n\nXII. No permit issued by the division under this\nsection shall be transferred by the permittee to any other person\nwithout the prior written approval of the division. The following\nshall apply:\n\n(a) Applications for the transfer of\npermits shall be filed by the person to whom such permit is to\nbe transferred upon such forms and shall include such information\nas the division requires by rules adopted under RSA 149-M:7.\nThe application information shall include, but not be limited\nto, a performance history of the applicant and of its officers\nand directors relative to the operation, financial security, and\nownership of all facilities owned or operated by the applicant.\nWhenever requested by the division, the attorney general shall\nconduct a background investigation of the performance history\nand criminal record of the applicant and of its officers and directors,\nif any, and make a report to the division. The applicant shall\nalso submit a statement that the proposed facility is consistent\nwith the provisions of a district plan. The cost of any investigation\nunder this paragraph shall be borne by the applicant.\n\n(b) The applicant shall notify abutters\nof any application to transfer a permit under this section. The\ndivision shall receive written comments from abutters on such\napplication for the period of 30 days following notification of\nthe filing of the application. The division, at the discretion\nof the director, shall hold a public hearing no later than 30\ndays prior to making any final decision on an application to transfer\na permit under this section. Notice of such public hearing shall\nbe published in a newspaper of local circulation within the region\nof the public or private solid waste facility at least 2 weeks\nprior to such public hearing.\n\n149-M:10 Disclosure of Ownership.\n\nI. Any application for a permit under RSA 149-M:9\nshall be signed under oath by a representative of the applicant\nand shall contain the following information:\n\n(a) Name and address of the applicant.\n\n(b) If the applicant is a corporation,\nthe state of incorporation, the address of its principal place\nof business, and the names and addresses of its directors, officers,\nand shareholders; if the applicant is a partnership, the state\nof formation, the address of its principal place of business,\nand the names and addresses of its partners, whether general or\nlimited; and if the applicant is any other kind of association,\nthe state of formation, the address of its principal place of\nbusiness, and the names and addresses of its principals, members\nor participants.\n\n(c) The exact location where the applicant\nintends to conduct the business for which it is seeking the permit.\n\n(d) Such financial information as the\ndivision may require under RSA 149-M:9.\n\nII. All commercial solid waste haulers and municipalities\nholding a permit under RSA 149-M shall cause trash collection\ncontainers within their possession or control to be prominently\nmarked with an identification name or logo.\n\n149-M:11 Public Benefit Requirement.\n\nI. The general court finds and declares as follows:\n\n(a) It is responsible to provide for\nthe solid waste management needs of the state and its citizens.\n\n(b) In order to provide for these needs,\nit must ensure that adequate capacity exists within the state\nto accommodate the solid waste generated within the borders of\nthe state.\n\n(c) Facilities necessary to meet state\nsolid waste capacity needs must be designed and operated in a\nmanner which will protect the public health and the state's natural\nenvironment.\n\n(d) An integrated system of solid waste\nmanagement requires a variety of types of facilities designed\nto accommodate the entire solid waste stream, including materials\nwhich can be recycled, recovered or reused, materials which can\nbe composted, and residual materials which must be disposed of\npermanently.\n\n(e) The enactment of statutes to address\nthe needs identified in this section is an exercise of the police\npower granted to the general court under part II, article 5 of\nthe New Hampshire Constitution.\n\nII. The general court declares that it is the\npurpose of this chapter to ensure benefit to the citizens of New\nHampshire by providing for solid waste management options which\nwill meet the capacity needs of the state while minimizing adverse\nenvironmental, public health, and long-term economic impacts.\n\nIII. The division shall determine whether a proposed\nsolid waste facility provides a substantial public benefit based\nupon the following criteria:\n\n(a) The short- and long-term need for\na solid waste facility of the proposed type, size, and location\nto provide capacity to accommodate solid waste generated within\nthe borders of New Hampshire, which capacity need shall be identified\nas provided in paragraph V.\n\n(b) The ability of the proposed facility\nto assist the state in achieving the implementation of the hierarchy\nand goals under RSA 149-M:2 and 149-M:3.\n\n(c) The ability of the proposed facility\nto assist in achieving the goals of the state solid waste management\nplan, and one or more solid waste management plans submitted to\nand approved by the division under RSA 149-M:24 and 149-M:25.\n\nIV. The division shall also consider as part\nof its public benefit determination:\n\n(a) The concerns of the citizens and\ngoverning bodies of the host municipality, county, and district\nand other affected persons. For any proposed solid waste facility,\nincluding transfer stations, designed to accommodate in excess\nof 30 tons of solid waste per day, the division shall hold at\nleast one public hearing in the host municipality, or in the case\nof an unincorporated town or unorganized place in the host county,\nin order to take testimony to identify those concerns.\n\n(b) The economic viability of the proposed\nfacility, including but not limited to, its ability to secure\nfinancing.\n\nV. In order to determine the state's solid waste\ncapacity need, the division shall:\n\n(a) Project, as necessary, the amount\nof solid waste which will be generated within the borders of New\nHampshire for a 20-year planning period. In making these projections\nthe division shall assume that all unlined landfill capacity within\nthe state is no longer available to receive solid waste.\n\n(b) Identify the types of solid waste\nwhich can be managed according to each of the methods listed under\nRSA 149-M:3 and determine which such types will be received by\nthe proposed facility.\n\n(c) Identify, according to type of solid\nwaste received, all permitted facilities operating in the state\non the date a determination is made under this section.\n\n(d) Identify any shortfall in the capacity\nof existing facilities to accommodate the type of solid waste\nto be received at the proposed facility for 20 years from the\ndate a determination is made under this section. If such a shortfall\nis identified, a capacity need for the proposed type of facility\nshall be deemed to exist to the extent that the proposed facility\nsatisfies that need.\n\nVI. All applicants under this chapter shall provide\nany information requested by the division. If an applicant declares\nthat any information requested under this section should be considered\nexempt under RSA 91-A:5, IV, the attorney general shall determine\nthe reasonableness of such declaration and, if the attorney general\nagrees, shall direct the division to treat it as confidential\ninformation which shall be considered exempt under RSA 91-A:5,\nIV.\n\nVII. Any proposed solid waste facility to be\nowned and controlled by a solid waste district, or a member municipality\non behalf of its solid waste district, shall be deemed to fulfill\nthe requirements of subparagraph III(a), provided that it is built\nwithin the district and shall serve only the capacity needs of\nthat district. Any permit issued for a facility which fulfills\nthe public benefit requirement by relying on this paragraph shall\nstate that the facility is limited to receiving solid waste generated\nwithin that district.\n\nVIII. Each applicant for a solid waste permit\nunder this chapter shall have the burden of demonstrating that\na proposed solid waste facility provides a public benefit by showing\nhow the proposed facility satisfies the criteria listed under\nparagraph III. Such demonstration shall be included as part of\neach application for a solid waste permit.\n\nIX. If the division determines that an applicant\nhas failed to demonstrate that it satisfies the criteria listed\nunder paragraph III, it shall notify the applicant in writing\nthat its application has been denied, and provide a written explanation\nof the reasons for that determination.\n\nX. If the division determines that an applicant\nhas demonstrated that it satisfies the criteria listed under paragraph\nIII, it shall state that determination in any permit issued.\n\nXI. Facilities permitted under this chapter shall\nbe operated so as to provide a substantial public benefit consistent\nwith the information submitted as part of the application concerning\nhow the facility accommodates New Hampshire capacity needs. If\na permittee cannot demonstrate consistency with information submitted\nin its permit application, and where it no longer meets needs\nidentified in the state solid waste management plan and one or\nmore solid waste management plans submitted to and approved by\nthe division under RSA 149-M:25 due to circumstances beyond its\ncontrol, as determined by the commissioner of environmental services\nand the attorney general, the department shall not enforce this\nparagraph based solely upon such inconsistency.\n\n149-M:12 Criteria for Approval, Suspension, or Revocation.\n\nI. The division shall approve an application\nfor a permit only if it determines that the facility or activity\nfor which the permit is sought will:\n\n(a) Comply with this chapter and all\nrules adopted under it;\n\n(b) Be consistent with the provisions\nof the state, district, and local plans; and\n\n(c) Comply with federal and state air\nor water pollution statutes, regulations, and rules.\n\nII. The division may suspend or revoke any permit\nissued under this chapter if, following an opportunity for hearing,\nit determines that:\n\n(a) The permit holder has committed a\nviolation of this chapter, or any rule, plan, order, or permit\nconditions in force under it; or\n\n(b) The facility or activity covered\nby the permit presents an immediate and substantial threat to\nhuman health or the environment.\n\nIII. In processing applications for a permit\nunder this chapter, the division shall comply with time limits\nprescribed in RSA 541-A:29.\n\n149-M:13 Official Investigation.\n\nI. The attorney general shall have the power\nto examine witnesses and documents and to request information\nfor the purpose of enforcing the provisions of this chapter.\n\nII. If, during the course of any investigation\nunder this chapter, the attorney general believes a person may\nhave information or be in possession, custody, or control of any\ndocument or other tangible object relevant to the investigation,\nbefore the institution of any court proceedings, the attorney\ngeneral may serve upon the person a written demand for information,\na subpoena to appear and be examined under oath, or a subpoena\nduces tecum to appear and produce the documents or objects for\ninspection and copying. A written demand for information may\nbe mailed to the person believed to have such information. A\nsubpoena or subpoena duces tecum of the attorney general may be\nserved by the person designated in such subpoena to serve it.\nThe attorney general may administer an oath or affirmation to\nany person and conduct hearings in aid of any investigation under\nthis chapter. Any testimony given by any person so sworn shall\nbe subject to the pains and penalties of perjury.\n\nIII. Any subpoena issued pursuant to this chapter\nshall:\n\n(a) Describe the nature of the investigation.\n\n(b) Describe the documents or objects\nwith sufficient definiteness to permit them to be fairly identified.\n\n(c) Prescribe a reasonable time at which\nthe person shall appear to testify or within which the documents\nor objects shall be produced, and advise the person that objections\nto or reasons for not complying with the subpoena may be filed\nwith the attorney general on or before that date.\n\n(d) Specify a place for the taking of\ntestimony or for the production of documents or objects and designate\na person who shall be custodian of the documents or objects.\n\nIV. A written demand for information issued pursuant\nto this chapter shall:\n\n(a) Describe the nature of the investigation.\n\n(b) Describe the information sought in\nconnection with that investigation.\n\n(c) Prescribe a reasonable time for complying\nwith the information demand, and advise the person that objections\nto or reasons for not complying with the information demand may\nbe filed with the attorney general on or before that date.\n\nV. If a person objects to or fails to comply\nwith the information demand, subpoena, or subpoena duces tecum\nserved upon the person under this chapter, the attorney general\nmay file in the superior court of the county in which the person\nresides or maintains the principal place of business or, if the\nperson is a nonresident and has no principal place of business\nin this state, in Merrimack county superior court, a petition\nfor an order of the court to enforce the subpoena or information\ndemand. Notice of hearing and a copy of the petition shall be\nserved upon the person, who may appear in opposition to the petition.\nIf the court finds reasonable cause to believe that there may\nhave been a violation of any provision of this chapter, and that\nthe information, testimony, documents, or objects sought are relevant\nto the investigation, it shall order the person to provide the\ninformation, to appear for testimony, or to produce the document\nor object for inspection and copying as demanded, subject to any\nmodification of the subpoena or information demand the court prescribes.\n\n149-M:14 Forfeiture of Property.\n\nI. Any property, including, but not limited to,\nequipment, vehicles, and real property used or intended for use\nin violation of this chapter, and any property constituting the\nproceeds of a violation of this chapter, including, but not limited\nto, money, may be seized by the state and forfeited to the state\nas provided in this section. Property seized under this section\nmay be held by the state either as evidence of a violation of\nthis chapter or in order to secure it prior to forfeiture proceedings.\n\nII. The state may seize any interest in real\nproperty by filing in the registry of deeds in the county where\nthe property is located a notice of attachment stating that the\nstate has attached the identified property pursuant to this section.\n\nIII. The state shall have a lien on any property\nsubject to forfeiture under this section upon seizure of such\nproperty. Upon forfeiture the state's title to the property relates\nback to the date of seizure.\n\nIV. Within 30 days of the seizure of any property\nunder paragraph I, the attorney general shall file a petition\nin the superior court of the county in which the property was\nseized, requesting forfeiture of the property. The court shall\nissue an order of notice requiring the state to send by certified\nmail a copy of the petition to the owner of the property and to\nother persons appearing to have an interest in the property.\nIf no such petition is filed within 30 days of the seizure of\nthe property, that property shall be returned to its owner.\n\nV. Within 30 days of receipt of the attorney\ngeneral's petition for forfeiture, the court shall schedule a\nhearing. This hearing shall be conducted as a civil action.\nThe court may order forfeiture of the property seized under paragraph\nI if the state establishes by a preponderance of the evidence\nthat (a) the property was used or intended for use in violation\nof the chapter or that the property constitutes the proceeds of\na violation of the chapter and (b) that the owner of the property\nknew or should have known that the property was used or intended\nfor use in violation of the chapter or that the property constituted\nthe proceeds of a violation of the chapter. At the request of\nany party to the forfeiture proceedings, the court may grant a\ncontinuance until the final resolution of any proceedings which\nwere brought against a party under this chapter and which arose\nfrom the transaction which gave rise to the forfeiture proceedings.\n\nVI. If forfeiture is granted, the attorney general\nshall provide for the disposition of the property forfeited in\nany manner not prohibited by law, including retention of the property\nfor official use by law enforcement or other public agencies or\nby sale at public auction. The attorney general shall pay the\nreasonable expenses of the seizure, forfeiture proceeding, and\nsale of property from the proceeds of any public auction of forfeited\nitems or from any penalty obtained under this chapter. All outstanding\nrecorded liens on any property forfeited shall be paid in full\nwithin a reasonable time following the court proceedings.\n\n149-M:15 Penalties and Other Enforcement.\n\nI. The division may issue an order to any person\nin violation of this chapter, a rule adopted under this chapter,\nor any condition in a permit issued under this chapter to comply\nwith this chapter, the rule or the permit, and require such remedial\nmeasures as may be necessary. Any person to whom such an order\nis directed may appeal to the waste management council.\n\nII. If the division finds that an emergency exists\nrequiring immediate action to protect the public health, it may\nissue an order stating that an emergency exists and requiring\nthat such action be taken as it judges necessary to meet the emergency.\nThe order shall be effective immediately. Any person to whom\nsuch an order is directed shall comply immediately, but may appeal\nto the waste management council.\n\nIII. Any person who violates any of the provisions\nof this chapter, or any rule adopted or order issued under this\nchapter, or any condition in a permit issued under this chapter\nshall be guilty of a misdemeanor if a natural person, or guilty\nof a felony if any other person.\n\nIV. Any person who violates any of the provisions\nof this chapter, or any rule adopted or order issued under this\nchapter, or any condition in a permit issued under this chapter\nshall be subject to a civil penalty not to exceed $25,000 for\neach violation, or for each day of a continuing violation.\n\nV. Notwithstanding RSA 651:2, any person may,\nin addition to any sentence of imprisonment, probation or conditional\ndischarge, be fined not more than $25,000 if found guilty of any\nviolation pursuant to paragraph III. Each day of violation shall\nconstitute a separate offense.\n\nVI. Any violation of the provisions of this chapter,\nor of any rule adopted or order issued under it, or of any condition\nin a permit issued under it, may be enjoined by the superior court\nupon application of the attorney general.\n\nVII. Commercial trash haulers or municipalities\nviolating the labeling requirements as provided in RSA 149-M:10,\nII shall be subject only to a fine of $50 per day per container,\nnotwithstanding paragraphs III and IV.\n\nVIII. Municipalities may apply to a justice of\nthe superior court for injunctive relief against existing or impending\nviolations of this chapter, or any rule or order issued under\nthis chapter. The municipality shall give notice of any such\naction to the attorney general and the commissioner of environmental\nservices, who may take such steps as they deem necessary to ensure\nuniform statewide enforcement, including but not limited to joining\nthe action, assuming sole prosecution of the action, or as of\nright dismissing the action without prejudice. Such notice shall\nbe given at least 30 days prior to the commencement of any such\naction, unless more immediate action is necessary to prevent irreparable\nenvironmental damage or other serious public harm, in which case\nsuch notice shall be given as soon as practicable, but in no event\nlater than the date of commencement of the action. This paragraph\nshall not be construed to affect, in any manner, existing authority\nof municipalities to act based upon the provisions of other statutes\nor local ordinances.\n\n149-M:16 Administrative Fines. The commissioner, after\nnotice and hearing pursuant to RSA 541-A, may impose an administrative\nfine not to exceed $2,000 for each offense upon any person who\nviolates any provision of this chapter, including any rule adopted\nunder the provisions of this chapter. Rehearings and appeals\nfrom a decision of the commissioner under this section shall be\nin accordance with RSA 541. Any administrative fine imposed under\nthis section shall not preclude the imposition of further penalties\nunder this chapter. The commissioner shall adopt rules, under\nRSA 541-A, relative to:\n\nI. A schedule of administrative fines which may\nbe imposed under this section for violations of this chapter as\nprovided above.\n\nII. Procedures for notice and hearing prior to\nthe imposition of an administrative fine.\n\n149-M:17 Town Responsibility and Authority.\n\nI. Each town shall either provide a facility\nor assure access to another approved solid waste facility for\nits residents. A town may choose whether to include any associated\ncosts in its tax base.\n\nII.(a) A town may make bylaws governing the facility\nand fixing reasonable rates for its use. Furthermore, a town\nmay make bylaws requiring residents to dispose of their refuse\nin specifically-designated bags or containers, or in bags or containers\nthat have attached to them a disposal sticker. Such bags, containers,\nor disposal stickers shall be sold or made available by the town\nat a reasonable cost.\n\n(b) Notwithstanding RSA 31:39, III, towns\nare authorized to levy civil penalties up to $3,000 for each act\nwhich violates the bylaws enacted pursuant to this paragraph.\nFor violations for which any penalty provided in the bylaws is\n$500 or less, the official designated in the bylaws as the enforcement\nauthority may issue a summons and notice of fine as provided in\nRSA 502-A:19-b, except that a copy of the fines for violations\nof the local bylaws shall be substituted for the uniform fine\nschedule. Defendants who are issued such summons and notice of\nfine may plead guilty or nolo contendere by mail by entering a\nplea as provided in RSA 502-A:19-b. If the plea is accepted by\nthe court, the defendant shall not be required to appear unless\ndirected by the court.\n\nIII. Each town which participates in a solid\nwaste management system developed by a district plan shall present\nthe full amount of its individual cost of participation to its\nlegislative body for funding.\n\nIV. A town may contract, upon a majority vote\nof its legislative body, with the owners or operators of solid\nwaste disposal facilities for the disposal of solid waste. Such\ncontracts shall be for a term of years not to exceed 40 years.\nThe contracts may contain guarantees of the amount of solid waste\nto be delivered for disposal, provided that the contract is in\nkeeping with the policy set forth in RSA 149-M:2 and 149-M:3.\nIn the event that a town's delivered tonnage falls below the\nlevel stipulated in contract, the town may procure tonnage from\nsources outside the town, in compliance with the public benefit\nrequirements of RSA 149-M:11 and as provided in the contract.\nContracts may contain provisions for payments based on such guarantees\nwhether or not any subject facility is actually constructed or\nis operated to dispose of solid waste, and may be absolute, without\nright of reduction or set-off because of non-appropriation by\nthe town or default by the owner or operator. Contracts may contain\nsuch other terms and conditions as the town may determine to be\nin its best interest.\n\nV. A town may transfer, upon a majority vote\nof its legislative body, any land interest to the owner or operator\nof solid waste disposal facilities by deed or by lease of not\nmore than 40 years. Transfer and use of land interests for solid\nwaste disposal facilities shall constitute a public purpose for\nwhich towns may acquire land interests in any manner permitted\nby law.\n\n149-M:18 Town Reclamation Trust Funds. A town which\ncollects an additional fee under RSA 261:153, V shall create a\ntown reclamation trust fund to receive the town share of such\nfee, to be used to pay the fees for the collection and disposal\nof the town's motor vehicle waste. For the purposes of this section,\n\"motor vehicle waste\" means used residential motor oil,\nresidential motor vehicle batteries, and tires from residential\nmotorized vehicles. \"Residential\", for the purposes\nof this paragraph, means any motor vehicle registered in a municipality\nwhich collects the fee assessed under RSA 261:153, V. Towns may\nuse any moneys in the fund in excess of such fees for the recycling\nand reclamation of other types of solid waste.\n\n149-M:19 Regional Cooperation. The selectmen of towns,\nthe county commissioners for each county in which there are located\nunincorporated towns or unorganized places, the mayor and council\nof each city and the commissioners of each county are authorized\nto enter into cooperative agreements with other towns, cities,\nunincorporated towns, unorganized places, and counties to provide\na regional facility for the management of solid waste at mutually\nagreed upon sites. The selectmen, mayor and council, or commissioners,\nas the case may be, are authorized to expend funds received from\nany source to establish and maintain such regional facilities\nand provide for sharing the costs of establishing and maintaining\nsuch facilities in an equitable manner.\n\n149-M:20 Unincorporated Towns and Unorganized Places.\nFor each unincorporated town or unorganized place, the county\nin which it is located and its commissioners shall have the same\nsolid waste disposal responsibilities as a town and its governing\nbody. The cost of providing a facility for an unincorporated\ntown or unorganized place shall be dealt with in the same manner\nas real estate under RSA 28:7.\n\n149-M:21 Failure to Provide Facilities. If any town\nfails to provide an approved disposal facility as required under\nRSA 149-M:17, the following steps shall be taken:\n\nI. The division shall conduct an investigation\nof opportunities for joint action with other towns, the availability\nof private facilities, and possible facility sites within the\ntown.\n\nII. The division shall report findings to the\ndistrict and town, and seek local agreement to an acceptable solution\nto the waste problem.\n\nIII. If no agreement is reached within 60 calendar\ndays after the findings are delivered, the division shall schedule\nand hold a public hearing in the town. Notice of the hearing\nshall be posted in 2 or more public places in the town for at\nleast 14 calendar days before it is held.\n\nIV. If no agreement is reached within 45 calendar\ndays after the hearing, the division shall either order the town\nto participate in an existing or planned approved facility, or\nshall recommend that land within the town be taken by eminent\ndomain for the establishment of an approved facility.\n\nV. If the division determines that land shall\nbe taken, the division shall institute eminent domain proceedings\nin accordance with RSA 498-A.\n\nVI. The division shall be responsible for the\nfacility's design and construction.\n\n149-M:22 Facility Built by State. If land is taken for\nconstruction of a facility:\n\nI. The property shall be held in the name of\nthe state and shall not be taxed.\n\nII. Upon completion, the facility shall be operated\nby the town in accordance with the facility plan.\n\nIII. At the time of the taking, the division\nshall certify to the commissioner of revenue administration the\ncosts of establishing the facility. The certification shall be\nrevised when the facility is complete to reflect actual costs,\nincluding land, buildings, equipment, administration, planning,\nconsultants, and any other necessary costs.\n\nIV. The commissioner of revenue administration\nshall assess the costs on the town over a 20-year period. Each\nannual assessment shall include the interest on any debt incurred\nby the state for this purpose. The assessment shall be made as\nprovided in RSA 21-J:9 and RSA 81.\n\nV. When all costs and interest are paid, the\nproperty shall be deeded to the town, or in the case of an unincorporated\ntown or unorganized place, to the county.\n\n149-M:23 Solid Waste Management Planning. Each town\nis responsible for continued and ongoing planning for solid waste\nmanagement within its boundaries. In meeting this planning requirement,\nthe town shall consider:\n\nI. Environmental impact.\n\nII. Economic impact.\n\nIII. Area impact, including the planning processes,\nplans, and solid waste management practices of other area towns.\n\n149-M:24 Districts and Subdistricts; Powers; Responsibilities.\n\nI. Each town shall participate in planning efforts,\neither as a town or as a solid waste management district. Towns\nor districts formed by area towns shall be the basis for developing\na town or district solid waste management plan. Subdistricts\nmay be formed, the plans of which will be included in the district\nplan for purposes of implementation. Each town, whether it has\nentered into a district voluntarily or has been assigned to a\ndistrict, shall remain in such a district in order to participate\nin a solid waste management plan pursuant to paragraph IV and\nmay withdraw from that district only after the town has:\n\n(a) Obtained approval by a majority vote\nof district committee members of the solid waste management district\nor cooperative of which the municipality is currently a member.\n\n(b) Paid its proportionate equitable\nshare of the district expenses and debt, including long-term debt\nincurred by the district.\n\nII. In implementing their responsibilities under\nthis chapter, towns may enter into a written agreement, which\nmay be:\n\n(a) A service contract;\n\n(b) A memorandum of understanding;\n\n(c) A formal inter-municipal cooperative\nagreement under RSA 53-A;\n\n(d) A formal inter-municipal cooperative\nagreement under RSA 53-B; or\n\n(e) Any other written agreement deemed\nappropriate by member towns.\n\nIII. Each district shall file a copy of its organizational\nagreement with the division of waste management upon execution.\n\nIV. Each town or district shall prepare and maintain\nan \"approvable\" solid waste management plan which is\nconsistent with the state plan and demonstrates consideration\nof existing solid waste agreements and environmental and economic\nfactors in the area. An \"approvable\" plan is one which\ncontains information required by rule, in a form and with sufficient\ndetail to demonstrate compliance with this provision.\n\n149-M:25 Minimum Plan Requirements.\n\nI. Each plan shall:\n\n(a) Estimate the types, weights, and\nvolumes of solid waste generated, including wet-cell batteries,\nused motor oil, tires, demolition debris, and waste particular\nto the district or municipality, current and available methods\nof disposal and treatment, and the types, weights, and volume\nof recyclable materials that can be recovered and recycled.\n\n(b) Develop future projections of the\ntypes, weights, and volumes of waste generated, and the types\nand amounts of solid waste materials that can be recovered and\nrecycled based on current and future population growth trends.\n\n(c) Identify numbers, types, and capacities\nof operating facilities in the district or town in compliance\nwith this chapter, and the location, type, and capacity of any\nproposed facilities.\n\n(d) Establish a process by which those\nfacilities with known or suspected groundwater contamination or\nemission problems can develop a remedial action plan, including\nfunding requirements and funding mechanisms.\n\n(e) Demonstrate a capacity or implementation\nplan for disposal for 10 years and an ongoing planning process\nas required in RSA 149-M:23 for 15 years from the date of filing\nof the plan. Each such plan shall be reviewed by the division\nat least once every 5 years from the date of submission.\n\n(f) Identify the means by which district\nmembers shall develop, construct, operate, or otherwise implement\nthe solid waste management methods described in the plan.\n\nII. Each plan shall be reviewed and commented\nupon by the division. The division or a district or town may\nrequest a hearing on the plan as submitted. The division may\napprove, require modification of, or disapprove of any plan with\ncause stated and shall finally act upon each plan within 120 days\nof submission. Within 60 days after receipt of written notice\nof approval of the plan by the division, the town or district\nand each town in the district shall begin implementing the plan.\n\nIII. Each district and town shall be responsible\nfor demonstrating continuous compliance with its plan as approved\nby the division. Should the division determine that a district\nor town is not in compliance, it shall issue a remedial order.\n\n149-M:26 State Policy and Antitrust Exemption. To promote\nthe state's interest in safe, clean, and efficient management\nand disposal of solid waste, it is hereby declared to be the policy\nof the state of New Hampshire that competition and enterprise\nmay be displaced or limited by towns and counties, acting alone\nor in cooperatives or districts permitted under RSA 53-A\nor RSA 53-B, in the exercise of the powers, authorities, and responsibilities\ngranted to them in this chapter as necessary to carry out the\npurposes of this chapter. The intent of this section is to exempt\ntowns, counties, cooperatives, and districts so exercising such\npowers, authorities, and responsibilities from any liability therefor\nunder RSA 356 and under federal antitrust laws.\n\n149-M:27 Refuse Recycling or Reduction.\n\nI. No person shall dispose of refuse at any private\nsolid waste landfill facility having a lining and a leachate collection\nsystem unless all recyclable materials have been removed from\nsuch refuse or such refuse has been otherwise reduced in weight\nby at least 20 percent.\n\nII. Weight reduction under this section may include\nremoval of recyclable materials, composting, resource recovery,\nany other method approved by the division of waste management,\nor any combination of such methods. Refuse or any solid waste\nresulting from such reduction methods shall not be subject to\nfurther weight reduction pursuant to this section.\n\nIII. If the division finds that an emergency\nexists requiring immediate action to protect the public health,\nit may issue an order suspending all or any part of this section\nduring such emergency.\n\nIV. No wet-cell batteries shall be disposed of\nin a solid waste landfill facility or composting facility or incinerator,\nwhether in a waste-to-energy facility or otherwise.\n\nV. No leaf or yard waste shall be disposed in\na solid waste landfill or incinerator including any waste to energy\nfacility. This paragraph shall not apply to municipalities organized\nunder RSA 53-A, RSA 53-B, or 1986, 139, if application of the\nparagraph would cause the municipality to violate or incur penalties\nunder legal obligations existing on January 1, 1993. Any person\nwho violates this paragraph shall be subject to the penalties\nand enforcement provisions of RSA 149-M:15 and 16.\n\n149-M:28 Restrictions on Battery Sales and Disposal;\nExemptions.\n\nI.(a) Except as provided in subparagraph (b),\nno person shall sell or offer for sale in New Hampshire an alkaline\nmanganese battery manufactured on or after January 1, 1993, which\nbattery contains more than 0.025 percent mercury by weight of\nthe battery.\n\n(b) No person shall sell or offer for\nsale in New Hampshire alkaline manganese batteries having sizes\nand shapes resembling buttons or coins which have a mercury content\nof more than 25 milligrams of mercury per battery.\n\n(c) A manufacturer shall not sell, distribute,\nor offer for sale in this state an alkaline manganese battery,\nexcept an alkaline manganese button cell, that contains added\nmercury, unless the commissioner of environmental services grants\nan exemption pursuant to paragraph II of this section.\n\nII.(a) On application by a manufacturer, the\ncommissioner of environmental services may exempt a manufacturer\nfrom the requirements of subparagraph I(c) if the manufacturer\ndemonstrates that:\n\n(1) Since July 11, 1992, the\nmanufacturer has worked in good faith to develop mercury-free\nalkaline manganese batteries which, with respect to safety, leakage,\ncapacity, rate capability and shelf life, are as good as alkaline\nmanganese batteries containing no more than 0.025 percent mercury\nproduced by that manufacturer on January 1, 1993; and\n\n(2) If granted that exemption,\nthe manufacturer shall continue to work in good faith to achieve\nthe goals described in subparagraph (a)(1).\n\n(b) An exemption granted by the commissioner\nof environmental services under this paragraph shall be effective\nfor 2 years and may be renewed.\n\nIII. A manufacturer shall not sell, distribute,\nor offer for sale in New Hampshire a zinc-carbon battery that\ncontains an added mercury concentration level of more than 10\nparts per million by weight for batteries manufactured on or after\nJanuary 1, 1993.\n\nIV. No person shall dispose of mercuric oxide\nbatteries in New Hampshire except in a manner approved by the\ndepartment of environmental services under rules adopted pursuant\nto RSA 541-A.\n\nV. No person shall sell or offer for sale in\nthis state any consumer product manufactured after July 1, 1993,\nwhich is powered by a small, sealed, nickel-cadmium or small,\nsealed, lead acid battery unless:\n\n(a) The battery can be easily removed\nby the consumer or is contained in a battery pack that is separate\nfrom the product and can be easily removed.\n\n(b) Such product, the package containing\nsuch product, or the battery itself is clearly labeled in a manner\nwhich is visible and understandable to the consumer prior to purchase\nindicating that the battery must be recycled or disposed of properly.\n\n(c) The battery must be clearly identifiable\nas to the type of electrode used in the battery.\n\n(d) The battery or battery pack itself\nis labeled with the name of the manufacturer.\n\nVI. The commissioner of environmental services\nmay authorize the sale of a consumer product which does not comply\nwith the provisions of paragraph V, if such product was available\nfor sale on or before July 11, 1992, and the commissioner determines\nthat the redesign of such product to comply with this section\nwould result in significant danger to public health and safety.\nAny authorization under this paragraph shall be limited to 2\nyears and may not be renewed.\n\n149-M:29 State Solid Waste Plan and Report.\n\nI. Beginning October 1, 1998, and every 6 years\nthereafter, the division shall update the state's solid waste\nplan.\n\nII. At least every October 1 of every even-numbered\nyear, the division shall prepare a report on the level of achievement\nin reaching the 40 percent reduction goal established in RSA 149-M:2\nand on proposed strategies for achieving the goal and any proposed\nchanges to the goal. The report shall contain information regarding:\n\n(a) The generation of solid waste in\nthe state.\n\n(b) The disposal of solid waste in the\nstate, including figures on how the management compares with the\nhierarchy of preferred methods.\n\n(c) Projected state solid waste management\nand capacity needs.\n\n(d) State and regional trends in solid\nwaste management.\n\n(e) Congressional actions and court rulings\nthat affect solid waste decisions.\n\n(f) On-going efforts by the division\nand other organizations in the state involved in solid waste issues.\n\n(g) The division's solid waste programs\nand their focus.\n\n(h) The status of efforts by the market\ndevelopment steering committee established in RSA 149-O:1.\n\n(i) A listing of organizations which\ncan provide assistance with solid waste management.\n\n149-M:30 Cleanup of Waste Sites; Priorities; Rulemaking.\n\nI.(a) In addition to any other powers conferred\nupon cities, towns, districts and counties by this chapter or\nby RSA 147-B, cities, towns, districts, and counties shall have\nthe power to finance costs incurred for the closing and cleanup\nof landfills and other solid waste facilities and for the closing\nand cleanup of hazardous waste sites, excluding Superfund sites,\nas provided in RSA 147-B. Considerations for determining priority\nfor eligibility to incur debt in the form of bonds guaranteed\nby the state of New Hampshire for solid waste landfill closure\nand cleanup of hazardous waste sites shall be as follows, in order\nof highest to lowest priority:\n\n(1) Facility poses immediate\nrisk to human health.\n\n(2) Facility poses potential\nrisk to human health.\n\n(3) Facility with high level\nsource of contamination identified.\n\n(4) Facility with surface water\nimpact identified.\n\n(5) Facilities with approved\nclosure plans ready for construction.\n\n(6) Facilities with closure plans\nthat have been deemed complete.\n\n(7) Facilities for which hydrogeological\ninvestigations have been completed in accordance with an approved\nworkscope and which have obtained a groundwater management permit\nand are actively engaged in the final design of the closure system.\n\n(8) Facility shows groundwater\nimpact with no alternate water supply in area.\n\n(9) Facility shows high concentration\nof groundwater contamination with alternate water supply in area.\n\n(10) Facility shows low concentration\nof groundwater contamination with alternate water supply available.\n\n(b) Project priority may be adjusted\nby the commissioner in consultation with the director, when such\nadjustments are determined to be required to further protect public\nhealth and the environment.\n\nII. If the amount of bonds authorized in a given\nyear exceeds the annual bond limit, the commissioner shall recommend\nallocation of the bond guarantees based on the priority ranking\nsystem under paragraph I. The commissioner shall adopt rules,\npursuant to RSA 541-A, relative to the administration of this\nsection.\n\n149-M:31 State Guarantee.\n\nI. In view of the public benefits resulting from\nthe proper closing of landfills and other solid waste facilities\nand for the closing and cleanup of qualifying hazardous waste\nsites, the governor and council are authorized in the name of\nthe state of New Hampshire to guarantee unconditionally, but at\nno time in excess of the total aggregate sum for the entire state\nof $30,000,000, the payment of all or any portion, as they may\nfind to be in the public interest, of the principal of and interest\non any bonds or notes issued by any city, town, district, or county\nfor the closing and cleanup of any landfill or any other solid\nwaste facility or the closing and cleanup of any hazardous waste\nsite, excluding Superfund sites, and the full faith and credit\nof the state are pledged for any such guarantee. The outstanding\namount of principal and interest on such bonds and notes, the\npayment of which has been guaranteed by the state under the provisions\nof this section, shall at no time exceed the amount of $30,000,000.\n\nII. The state's guarantee shall be endorsed on\nsuch bonds or notes by the state treasurer, and all notes or bonds\nissued with the state guarantee shall be sold at public sealed\nbidding to the highest bidder. Any and all such bids may be rejected\nand a sale may be negotiated with the highest bidder. In the\nevent of default in payment of any such notes or bonds, the state\nmay recover any losses suffered by it in an action against a municipality\nor county, as provided in RSA 530, provided, further, that in\naccordance with RSA 35-A:29, the foregoing requirement for public\nsealed bidding shall not be applicable to any bonds or notes,\nor both, so guaranteed which are sold to the New Hampshire municipal\nbond bank, and any bonds or notes, or both, so guaranteed may\nbe sold to the New Hampshire municipal bond bank at private sale\nin accordance with the provisions of RSA 35-A.\n\nToxics Reduction\n\n149-M:32 Statement of Purpose. The general court finds\nthat the presence of heavy metals in packaging is to be considered\na matter of concern in connection with the overall solid waste\nstream because such metals are likely to be present in leachate\nwhen packaging is landfilled or in emissions when packaging is\nincinerated. The general court further finds that lead, cadmium,\nmercury, and hexavalent chromium, on the basis of available scientific\nand medical evidence, are of particular concern and that elimination\nof the addition of these heavy metals to packaging is a desirable\nfirst step in reducing the toxicity of packaging waste. Further,\nthe general court finds that such a reduction in the toxicity\nof packaging waste should be accomplished without impeding or\ndiscouraging the expanded use of recycled materials in the production\nof packaging and its components.\n\n149-M:33 Definitions. In this subdivision:\n\nI. \"Distribution\" means the practice\nof taking title to a package or packaging components for promotional\npurposes or resale. Persons involved solely in delivering a package\nor packaging components on behalf of third parties are not considered\ndistributors.\n\nII. \"Distributor\" means any person,\nfirm or corporation which takes title to goods purchased for resale.\n\nIII. \"Incidental presence\" means the\npresence of a regulated metal as an unintended or undesired ingredient\nof a package or packaging component.\n\nIV.(a) \"Intentional introduction\" means\nthe act of deliberately utilizing a regulated metal in the formulation\nof a package or packaging component where its continued presence\nis desired in the final package or packaging component to provide\na specific characteristic, appearance, or quality.\n\n(b) \"Intentional introduction\"\ndoes not mean:\n\n(1) The use of a regulated metal\nas a processing agent or intermediate to impart certain chemical\nor physical changes during manufacturing, whereupon the incidental\nretention of a residue of such metal in the final package or packaging\ncomponent is neither desired nor deliberate, if the final package\nor packaging component is in compliance with RSA 149-M:34, III.\n\n(2) The use of recycled materials\nas feed stock for the manufacture of new packaging materials,\nwhere some portion of the recycled materials may contain amounts\nof the regulated metals, if the new package or packaging component\nis in compliance with RSA 149-M:34, III.\n\nV. \"Manufacturer\" means any person\nproducing a package or packaging component.\n\nVI. \"Manufacturing\" means physical\nor chemical modification of a material to produce packaging or\npackaging components.\n\nVII. \"Package\" means a container providing\na means of marketing, protecting, or handling a product. \"Package\"\nshall include a unit package, an intermediate package, and a shipping\ncontainer as defined in the American Society of Testing materials,\npublic number D996. \"Package\" shall also mean and include\nsuch unsealed receptacles as carrying cases, crates, cups, pails,\nrigid foil, and other trays, wrappers and wrapping films, bags,\nand tubs.\n\nVIII. \"Packaging component\" means any\nindividual assembled part of a package including, but not limited\nto, any interior or exterior blocking, bracing, cushioning, weatherproofing,\nexterior strapping, coatings, closures, inks, and labels. Tin-plated\nsteel that meets the American Society for Testing and Materials\n(ASTM) specification A-623 shall be considered as a single package\ncomponent. Electro-galvanized coated steel and hot dipped coated\ngalvanized steel that meets the American Society for Testing and\nMaterials (ASTM) specifications A-525 and A-879 shall be treated\nin the same manner as tin-plated steel.\n\nIX. \"Post-consumer material\" means\nonly those products generated by either a commercial entity or\nconsumer which have served their intended end uses and which have\nbeen separated or diverted from solid waste for the purposes of\ncollection, recycling, and disposition.\n\nX. \"Supplier\" means any person who\nsells, offers for sale, or offers for promotional purposes packages\nor packaging components which shall be used by any other person\nto package a product.\n\n149-M:34 Prohibition; Schedule for Removal of Intentional\nand Incidental Amounts. The schedule for removal of lead, cadmium,\nmercury, or hexavalent chromium in any package or packaging component\nshall be as follows:\n\nI. No package or packaging component shall be\noffered for sale or for promotional purposes by its manufacturer\nor distributor in the state of New Hampshire which includes, in\nthe package itself or in any packaging component, inks, dyes,\npigments, adhesives, stabilizers, or any other additives, any\nlead, cadmium, mercury, or hexavalent chromium which has been\nintentionally introduced as an element during manufacturing or\ndistribution. This prohibition shall not apply to the incidental\npresence of any of these elements.\n\nII. No product shall be offered for sale or for\npromotional purposes by its manufacturer or distributor in the\nstate of New Hampshire in a package which includes, in the package\nitself or in any of its packaging components, inks, dyes, pigments,\nadhesives, stabilizers, or any other additives, any lead, cadmium,\nmercury, or hexavalent chromium which has been intentionally introduced\nas an element during manufacturing or distribution. This prohibition\nshall not apply to the incidental presence of any of these elements.\n\nIII. The sum of the concentration levels of lead,\ncadmium, mercury, and hexavalent chromium incidentally present\nin any package or packaging component shall not exceed 100 parts\nper million by weight (0.01 percent).\n\n149-M:35 Exemptions.\n\nI. All packages and packaging components shall\nbe subject to this subdivision, except the following:\n\n(a) Those packages or packaging components\nwith a code indicating that the date of manufacture was prior\nto April 27, 1990.\n\n(b) Those packages or packaging components\nto which lead, cadmium, mercury, or hexavalent chromium have been\nadded in the manufacturing, forming, printing, or distribution\nprocess in order to comply with health or safety requirements\nof federal law, provided that the manufacturer of a package or\npackaging component petitions the commissioner for an exemption\nfrom the provisions of this subdivision for a particular package\nor packaging component based upon compliance with health or safety\nrequirements of federal law. The commissioner may grant an exemption\nfor no more than 2 years and such an exemption may, upon reapplication\nfor exemption and meeting the criterion for exemption under this\nparagraph, be renewed at 2-year intervals.\n\n(c) A package or packaging component\nin which lead, cadmium, mercury, or hexavalent chromium have been\nadded in the manufacturing, forming, printing or distribution\nprocess for which there is no feasible alternative, provided that\nthe manufacturer of a package or packaging component shall petition\nthe commissioner for an exemption from the provisions of this\nsubdivision for a particular package or packaging component based\nupon this criterion. The commissioner may grant an exemption\nfor no more than 2 years if warranted by the circumstances, provided\nthat such an exemption may, upon reapplication for exemption and\nmeeting the criterion for exemption under this paragraph, be renewed\nat 2-year intervals. For purposes of this paragraph, a use for\nwhich there is no feasible alternative is one in which the regulated\nsubstance is essential to the protection, safe handling, or function\nof the package's contents.\n\n(d) Packages and packaging components\nthat would not exceed the maximum contaminant levels set forth\nin RSA 149-M:34, III, but for the addition of post-consumer materials.\nThe exemption under this paragraph shall expire January 1, 2000,\nand shall not apply to any cadmium, lead, mercury, or hexavalent\nchromium that has been recovered and separated from other materials\nfor use as a metal or a metallic compound.\n\n(e) A package and packaging component\nthat is reused but exceeds contaminant levels established in RSA\n149-M:34, III, provided that the product conveyed by such packages\nor the packaging component is regulated under federal or state\nhealth or safety requirements; and provided that transportation\nof such packaged product is regulated under federal or state transportation\nrequirements, and provided that disposal of such package is performed\naccording to federal or state radioactive or hazardous waste disposal\nrequirements, and provided that an exemption under this paragraph\nshall expire on January 1, 2000.\n\n(f) A package or packaging component\nhaving reusable entities, which means a controlled distribution\nand reuse, that exceed the contaminant levels established in RSA\n149-M:34, III, provided that the manufacturers or distributors\nof such package or packaging component shall petition the commissioner\nfor exemption and receive approval from the commissioner, working\nwith the Coalition of Northeast Governors (CONEG) Toxics in Packaging\nClearinghouse according to standards established in this paragraph\nand based upon satisfactory demonstrations that the environmental\nbenefit of the controlled distribution and reuse is significantly\ngreater as compared to the same package manufactured in compliance\nwith the contaminant levels established in RSA 149-M:34, III;\nand provided that an exemption under this paragraph shall expire\non January 1, 2000.\n\n(g) Those packages or packaging components\ncontaining liquor, as defined in RSA 175:1, XLII, manufactured\nprior to April 27, 1990.\n\nII. A plan to be proposed by the manufacturer\nor designee seeking an exemption shall include each of the following\nelements:\n\n(a) A means of identifying in a permanent\nand visible manner those reusable entities containing regulated\nmetals for which an exemption is sought.\n\n(b) A method of regulatory and financial\naccountability so that a specified percentage of such reusable\nentities manufactured and distributed to other persons are not\ndiscarded by those persons after use but are returned to the manufacturer\nor designee.\n\n(c) A system of inventory and record\nmaintenance to account for the reusable entities placed in, and\nremoved from, service.\n\n(d) A means of transforming returned\nentities that are no longer reusable into recycled materials for\nmanufacturing or into manufacturing waste which are subject to\nexisting federal or state laws or regulations governing such manufacturing\nwaste to ensure that these wastes do not enter the commercial\nor municipal waste stream.\n\n(e) A system of annually reporting to\nthe commissioner changes to the system and changes in designees.\n\n149-M:36 Certificate of Compliance.\n\nI. A certificate of compliance stating that a\npackage or packaging component is in compliance with the requirements\nof this subdivision shall be furnished by its manufacturer or\nsupplier to its purchaser. If compliance is achieved under RSA\n149-M:34, the certificate shall state the specific basis upon\nwhich the exemption is claimed. The certificate of compliance\nshall be signed by an authorized official of the manufacturing\nor supplying company. The purchaser shall retain the certificate\nof compliance for as long as the package or packaging component\nis in use. A copy of the certificate of compliance shall be kept\non file by the manufacturer or supplier of the package or packaging\ncomponent. Certificates of compliance, or copies thereof, shall\nbe furnished to the department and to members of the public in\naccordance with RSA 149-M:39.\n\nII. If the manufacturer or supplier of the package\nor packaging component reformulates or creates a new package or\npackaging component, the manufacturer or supplier shall provide\nan amended or new certificate of compliance for the reformulated\nor new package or packaging component.\n\n149-M:37 Rulemaking. The commissioner shall adopt rules,\npursuant to RSA 541-A, relative to:\n\nI. Procedures for petitions for exemption pursuant\nto RSA 149-M:35, including renewals of exemptions.\n\nII. Procedures for certificates of compliance\npursuant to RSA 149-M:36.\n\nIII. A schedule of administrative fines which\nmay be imposed under RSA 149-M:38, VI.\n\nIV. Procedures for notice and hearing prior to\nthe imposition of an administrative fine under RSA 149-M:38, VI.\n\n149-M:38 Enforcement.\n\nI. The commissioner may issue an order to any\nperson in violation of this subdivision, any rule adopted under\nthis subdivision or any condition in any exemption granted under\nthis subdivision to comply with the subdivision, the rule or condition,\nand may require such remedial measures as may be necessary.\n\nII. The commissioner may request the attorney\ngeneral to bring a civil action in superior court for appropriate\nrelief, including a temporary or permanent injunction, or both,\nto enforce any provision of this subdivision, any rule adopted\nunder this subdivision, any condition in any exemption granted\nunder this subdivision, or any order issued pursuant to this subdivision.\n\nIII. Any person who knowingly violates any provision\nof this subdivision, any rule adopted under this subdivision,\nany condition in any exemption granted under this subdivision,\nor any order issued pursuant to this subdivision or who makes\nor certifies a material false statement relative to any certificate\nof compliance required by this subdivision shall be guilty of\na misdemeanor if a natural person or guilty of a felony if any\nother person. Each day of a continuing violation shall constitute\na separate violation.\n\nIV. Notwithstanding RSA 651:2, a natural person\nmay, in addition to any sentence of imprisonment, probation or\nconditional discharge, be fined not more than $25,000 if found\nguilty of any violation pursuant to paragraph III.\n\nV. Any person who violates any provision of this\nsubdivision, any rule adopted under this subdivision, any condition\nin any exemption granted under this subdivision, or any order\nissued pursuant to this subdivision or who makes or certifies\na material false statement relative to any certificate of compliance\nrequired by this subdivision shall be subject to a civil forfeiture\nnot to exceed $25,000 for each violation. Each day of a continuing\nviolation shall constitute a separate violation.\n\nVI. The commissioner, after notice and hearing\npursuant to RSA 541-A, may impose an administrative fine not to\nexceed $2,000 for each violation upon any person who violates\nany provision of this subdivision, any rule adopted under this\nsubdivision, any condition in any exemption granted under this\nsubdivision, or any order issued pursuant to this subdivision\nor who makes or certifies a material false statement relative\nto any certificate of compliance required by this subdivision.\nRehearings and appeals from a decision of the commissioner under\nthis paragraph shall be in accordance with RSA 541. Any administrative\nfine imposed under this paragraph shall not preclude the imposition\nof other penalties under this chapter.\n\n149-M:39 Public Access. Any member of the public may\nrequest a certificate of compliance from a manufacturer or supplier\nof packaging or of a packaging component. The request shall be\nin writing and shall specifically state the packaging component\nor package information requested. A copy of the written request\nshall be provided to the department. The manufacturer or supplier\nof the package or packaging component shall respond in writing\nwithin 60 days of receiving such request. A copy of the response\nshall also be provided to the department.\n\n149-M:40 Severability. If any provision of this subdivision\nor the application thereof to any person or circumstance is held\ninvalid, the invalidity shall not affect other provisions or applications\nof the subdivision which can be given effect without the invalid\nprovisions or applications, and to this end the provisions of\nthis subdivision are severable.\n\nAid to Municipalities for Closure of Unlined Solid Waste Landfills\n\n149-M:41 Declaration of Policy. In recognition of the\npotential for harm to both public health and the environment which\ncan result from an unlined solid waste landfill that has not been\nproperly closed, it is hereby declared to be the policy of this\nstate to encourage municipalities to close all unlined solid waste\nlandfills in accordance with 42 U.S.C. Section 9601 et seq. and\nRSA 147-B, 149-M:6 and 149-M:7.\n\n149-M:42 Definitions. In this subdivision:\n\nI. \"Closure\" means the process used\nto permanently cease use of a facility, or portion of such facility,\nin a manner that will minimize future risks of environmental damage.\n\nII. \"Department\" means the department\nof environmental services.\n\nIII. \"Eligible costs\" means the costs\nof the closure of a solid waste landfill eligible to be covered\nby the grant established by this subdivision, and shall include\ncosts of hydrogeological and engineering investigation and design,\ncapital construction of closure elements required by rules adopted\npursuant to RSA 149-M:7, and construction supervision. Eligible\ncosts shall exclude land acquisition, except for land which is\nnecessary to the physical elements of closure of an unlined landfill,\nand any administrative, legal, and fiscal costs related to the\nclosure.\n\n149-M:43 State Contributions. The state shall pay annually\n20 percent of the annual amortization charges, meaning the principal\nand interest, on the eligible costs resulting from the closure\nof unlined solid waste landfills by municipalities in accordance\nwith 42 U.S.C. Section 9601 et seq. and RSA 147-B, 149-M:6 and\n149-M:7.\n\n149-M:44 Equitable Allocation of Costs. Notwithstanding\nany other provision of this subdivision, the department shall\nnot approve any contribution under RSA 149-M:43 unless it shall\nfirst have information presented to it by the applicant that the\napplicant has adopted a system of setting aside municipal revenues\ndedicated to the closure of all publicly owned or operated solid\nwaste facilities in the municipality.\n\n149-M:45 Application for Grant. Application for a grant\nunder the provisions of this subdivision shall be made in accordance\nwith rules adopted by the commissioner under RSA 541-A.\n\n149-M:46 Application Agreement. Applications for state\ngrants under this subdivision shall contain an agreement that\nthe applicant has closed or shall close the unlined solid waste\nlandfill in accordance with plans and specifications approved\nby the department, pursuant to rules adopted by the commissioner\nunder RSA 541-A, and will provide proper post-closure monitoring\nand maintenance of the landfill. Such plans and specifications\nshall not be more stringent than federal requirements. Failure\nto close the solid waste landfill in accordance with plans and\nspecifications approved by the department or to provide proper\npost-closure monitoring and maintenance of the landfill shall\nresult in loss of payments of the annual grant installment next\nfollowing such failure. Such loss of payment of the annual grant\ninstallment shall continue in effect until such time as the municipality\nhas completed the steps necessary to close the landfill in accordance\nwith plans and specifications approved by the department and has\nprovided proper post-closure monitoring and maintenance of the\nlandfill.\n\n149-M:47 Eligibility and Priority of Applications.\n\nI. The department shall establish and maintain\na list of closures eligible to receive grants pursuant to RSA\n149-M:43. The list shall identify the projects in priority order\nbeginning with the highest priority as set forth in RSA 149-M:49.\n\nII. The list for each fiscal year shall be prepared\nbased on information supplied to the department by the applicant\nno later than February 1 prior to the beginning of each fiscal\nyear.\n\nIII. The commissioner or designee shall hold\nan annual public hearing to receive testimony on the list proposed\nfor each fiscal year. After considering the testimony offered\nat the hearing, the commissioner shall prepare the final list,\nand assistance shall be granted in the fiscal year accordingly.\n\nIV. Notwithstanding any other law to the contrary,\nthe provisions of this section shall not be subject to RSA 541-A.\n\n149-M:48 Assistance to Municipalities. The department\nshall have the duty to:\n\nI. Provide advice to municipalities engaged in:\n\n(a) Preliminary project planning and\ndesign;\n\n(b) Development of closure plans; or\n\n(c) Development of grant applications\nfor funding under this subdivision.\n\nII. Review and approve preliminary and final\nclosure plans for the proposed project, in accordance with 42\nU.S.C. Section 9601, et seq., and RSA 147-B, 149-M:6 and 149-M:7.\n\nIII. Review and approve revisions or formal addenda\nto approved plans and specifications.\n\nIV. Process grant applications for state approval.\n\nV. Perform periodic site inspections as necessary.\n\nVI. Review and approve change orders during the\nconstruction period.\n\nVII. In conjunction with the applicant's qualified\nprofessional engineer, conduct an inspection of the landfill upon\ncompletion of the closure work to approve substantial completion.\n\nVIII. Based upon a satisfactory construction\ncompletion inspection, and the receipt of as-built drawings, review\nand approve final eligible project costs.\n\n149-M:49 Priorities. Considerations for determining\neligibility for assistance shall be as follows, in order of highest\nto lowest priority:\n\nI. Facilities with closure plans that have been\napproved and are ready for construction, and within this group\nthe priority shall be as follows:\n\n(a) Facility poses an immediate risk\nto human health.\n\n(b) Facility poses a potential risk to\nhuman health.\n\n(c) Facility has an identified high level\nsource of contamination.\n\n(d) Facility has an identified surface\nwater impact.\n\n(e) Facility has an approved closure\nplan ready for construction.\n\nII. Facilities with closure plans that have been\ndeemed complete, and within this group the priority shall be as\nfollows:\n\n(a) Facility poses an immediate risk\nto human health.\n\n(b) Facility poses a potential risk to\nhuman health.\n\n(c) Facility has an identified high level\nsource of contamination.\n\n(d) Facility has an identified surface\nwater impact.\n\n(e) Facility has a closure plan that\nhas been deemed complete.\n\nIII. Facilities for which hydrogeological investigations\nhave been initiated in accordance with a work plan approved by\nthe department, which have obtained a groundwater permit, and\nwhich are actively in the process of having a closure system designed.\n\nIV. Facilities for which hydrogeological investigations\nhave been initiated in accordance with an approved workscope and\nfor which closure is actively being pursued.\n\nV. Facilities which show high concentrations\nof groundwater impact in an area where drinking water is drawn\nfrom the groundwater, and an alternative water supply is not available.\n\nVI. Facilities which show high concentrations\nof groundwater impact in an area where drinking water is drawn\nfrom the groundwater, and an alternative water supply is available.\n\nVII. Facilities which show low concentrations\nof groundwater contamination in an area where drinking water is\ndrawn from the groundwater, and an alternative water supply is\nnot available.\n\n149-M:50 Applicability; Reimbursement of Eligible Costs.\nThe department shall determine the eligible costs of each municipal\nsolid waste landfill completed between fiscal year 1985 and fiscal\nyear 1995 in accordance with the records on file at the department\npertaining to each such closure and its eligible costs. The department\nshall assume 20 percent of such eligible costs and the interest\ncost related to that 20 percent on bonds issued on such projects\nbeginning on July 1, 1995. The department shall determine the\namount due for such eligible costs prior to July 1, 1995 and,\nwith prior approval of the joint legislative fiscal committee\nand the governor and council, reimburse each municipality subject\nto the funds as appropriated by the legislature for this purpose.\n\n251:3 Recycling Exemption Review. The commissioner shall,\nin consultation with the Source Reduction Task Force of the Coalition\nof Northeast Governors (CONEG), review the extension of recycling\nexemption as it is provided for in RSA 149-M:35, I(d). This review\nshall commence no later than January 1, 1997. A report based\nupon that review shall be submitted to the governor, senate president\nand the speaker of the house by January 1, 1999.\n\n251:4 Reference Deleted. Amend RSA 4-C:1, II(h) to read\nas follows:\n\n(h) Maintain a current list of contractors\nand facilities approved by the office for the collection and disposal\nof motor vehicle waste, for distribution to towns [under RSA 149-M:13-a,\nII]. 251:5 References Changed. Amend RSA 21-O:1-a, III to read\nas follows:\n\nIII. Implementing [a] training [course] courses\nfor and administering [a test] tests for certification\nof solid waste operators, as [required under RSA 149-M:10.\nThe registration fee for the course and its establishment and\nadministration shall be as provided in RSA 149-M:10, III-a]\nprovided under RSA 149-M:6, XIII.\n\n251:6 Reference Changed. Amend RSA 33:6-d to read as\nfollows:\n\n33:6-d Exclusion From Debt Limit; Waste Site Cleanups.\nMunicipalities may incur debt for cleanup projects pursuant to\nRSA 147-B, excluding Superfund sites, and for the closing or cleanup\nof landfills and other solid waste facilities as defined in RSA\n149-M by the issue of bonds or notes authorized under this chapter\nand RSA 149-M:[24-a] 30. Any debt incurred for this purpose\nshall be outside the debt limit prescribed in this chapter. Such\ndebt shall at no time be included in the net indebtedness of any\nmunicipality for the purposes of determining its borrowing capacity.\n\n251:7 Reference Changed. Amend RSA 53-B:2, VIII to read\nas follows:\n\nVIII. \"Solid waste\" means \"solid\nwaste\" as defined in [RSA 149-M:1, XIX] RSA 149-M:4, XXIV.\n\n251:8 Reference Changed. Amend RSA 53-B:3, I to read\nas follows:\n\nI. The governing bodies of 2 or more municipalities\nmay at their discretion, and shall upon a vote of their respective\nlegislative bodies, create a special unpaid committee to be known\nas a solid waste management district planning committee, consisting\nof 3 persons from each municipality appointed by the respective\ngoverning bodies. The committee shall elect a chairperson, clerk\nand treasurer. Members may be reimbursed by the committee for\ncosts of performing duties directly related to committee responsibilities.\nAny solid waste management district committee formed pursuant\nto RSA [149-M:18] RSA 149-M:24, in existence as of August\n8, 1994, may serve as a planning committee under this chapter.\n\n251:9 Reference Changed. Amend the introductory paragraph\nof RSA 53-B:7, XX to read as follows:\n\nXX. To contract with any person who owns or operates\nany facility for the provision of solid waste management services.\nSuch contract shall be consistent with the hierarchy and goals\nof solid waste management under RSA 149-M:[1-a] 2 and 149-M:3.\nA contract for facility use may call for delivery of guaranteed\nminimum tonnage, provided that said contract is in keeping with\nthe policy set forth in RSA 149-M:[1-a] 2 and 149-M:3.\nIn the event that a district's delivered tonnage falls below\nthe level stipulated in contract, the district may procure tonnage\nfrom sources outside the district, in compliance with the public\nbenefit requirements of RSA 149-M:[10-c] 11 and as provided\nin the contract. A contract may contain such other terms and\nconditions as the district may determine to be in its best interest.\n\n251:10 Reference Changed. Amend the introductory paragraph\nof RSA 261:153, V to read as follows:\n\nV. Beginning July 1, 1989, in addition to each\nregistration fee collected under paragraph I, there may be collected\nan additional fee for the purposes of a town reclamation trust\nfund as established in RSA 149-M:[13-a] 18. Of this\namount, $.50 shall be retained by the city official designated\nby the city government or by the town clerk for administrative\ncosts and the remaining amount shall be deposited into the reclamation\ntrust fund established by the town for the purpose of paying collection\nand disposal fees for the town's motor vehicle [wastes] waste.\nFor the purposes of this paragraph, \"motor vehicle [wastes]\nwaste \" means [used residential motor oil, residential\nmotor vehicle batteries, and tires from residential motorized\nvehicles, where] \"motor vehicle waste\" as defined\nin RSA 149-M:18. [\"residential,\" for the purposes\nof this paragraph, means any motor vehicle registered in a municipality\nwhich collects the fee assessed under this paragraph.] A town\nwhich collects such additional fees shall not charge a disposal\nfee for motor vehicle waste at the town's solid waste disposal\nfacility. If a town finds the additional fee is not sufficient\nto cover fees for collection and disposal of town motor vehicle\nwaste, it shall notify the office of state planning. The office\nshall study the fee in accordance with RSA 4-C:1 and make recommendations,\nif necessary, for increases in the fee. The additional fee schedule\nshall be graduated by class of vehicle as follows:\n\n251:11 Reference Changed. Amend RSA 375-B:3-a to read\nas follows:\n\n375-B:3-a Regulation of Refuse Transporters. Any person\nwho transports refuse as defined in [RSA 149-M:1, XVII-a] RSA\n149-M:4, XXIII and otherwise qualifies as a common or contract\ncarrier shall not be exempt from the provisions of this chapter\nby virtue of the fact that [he] such person transports\nrefuse. Refuse as defined in [RSA 149-M:1, XVII-a] RSA 149-M:4,\nXXIII shall be considered to be property for the purpose of\nthis chapter. A person who transports refuse as a common or contract\ncarrier shall be required to meet the provisions of this chapter\nand the rules adopted under this chapter and shall be subject\nto the penalties specified.\n\n251:12 Reference Changed. Amend RSA 375-B:5, III(c)\nto read as follows:\n\n(c) The proposed service must be required\nby the present or future public convenience. This condition does\nnot apply to an application seeking authority to transport refuse\nas defined in RSA [149-M:1, XVII-a] 149-M:4, XXIII.\n\n251:13 Reference Changed. Amend RSA 375-B:7 to read\nas follows:\n\n375-B:7 Issuance of Contract Carrier Permits. A permit\nshall be issued to any qualified applicant therefor, as defined\nin RSA 375-B:2, VII, authorizing in whole or in part the operations\ncovered by the application, if it appears from the application,\nor from any hearing held thereon, that the applicant is fit, willing\nand able properly to perform the service of a contract carrier\nby motor vehicle, and to conform to the provisions of this chapter\nand the lawful requirements[,] and rules [and regulations]\nof the department [thereunder] under this chapter, and\nthat the proposed operation, to the extent authorized by the permit,\nwill be consistent with the public interest and the policy declared\nin RSA 375-B:1; otherwise, such application shall be denied.\nAn applicant seeking authority to transport refuse as defined\nin [RSA 149-M:1, XVII-a] RSA 149-M:4, XXIII, however, need\nnot establish consistency with the public interest to be issued\na permit. The department shall specify in the permit the business\nof the contract carrier covered thereby and the scope thereof\nand shall attach to it, at the time of issuance and from time\nto time thereafter, such reasonable terms, conditions, and limitations\nconsistent with the character of the holder as a contract carrier\nas are necessary to carry out, with respect to the operations\nof such carrier, the requirements established by the department\nunder the provisions of this chapter; provided, however, that\nno terms, conditions, or limitations shall restrict the right\nof the carrier to substitute or add contracts within the scope\nof the permit, or to add to his or its equipment and facilities\nas the development of the business and the demands of the public\nmay require.\n\n251:14 Reference Changed. Amend the introductory paragraph\nof RSA 483:9, VI to read as follows:\n\nVI. Any new solid waste storage or treatment\nfacility, as defined in [RSA 149-M:1, VIII] RSA 149-M:4, XI\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated natural river or segment and screened with a vegetative\nor other natural barrier to minimize visual impact, except:\n\n251:15 Reference Changed. Amend RSA 483:9, VI(c) to\nread as follows:\n\n(c) Any land application of solid waste\nas defined in [RSA 149-M:1, XIX] RSA 149-M:4, XXIV,\nexcept manure, lime and wood ash used for fertilizer, and sludge\nand septage shall be immediately incorporated into the soil and\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated natural river or segment;\n\n251:16 Reference Changed. Amend the introductory paragraph\nof RSA 483:9-a, VII to read as follows:\n\nVII. Any new solid waste storage or treatment\nfacility, as defined in [RSA 149-M:1, VIII] RSA 149-M:4, XI\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated rural river or segment and screened with a vegetative\nor other natural barrier to minimize visual impact, except:\n\n251:17 Reference Changed. Amend RSA 483:9-a, VII(b)\nto read as follows:\n\n(b) Any land application of solid waste\nas defined in [RSA 149-M:1, XIX] RSA 149-M:4, XXIV,\nexcept manure, lime and wood ash used for fertilizer, and sludge\nand septage shall be immediately incorporated into the soil and\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated rural river or segment;\n\n251:18 Reference Changed. Amend the introductory paragraph\nof RSA 483:9-aa, VII to read as follows:\n\nVII. Any new solid waste storage or treatment\nfacility, as defined in [RSA 149-M:1, VIII] RSA 149-M:4, XI\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated rural-community river or segment and screened\nwith a vegetative or other natural barrier to minimize visual\nimpact, except:\n\n251:19 Reference Changed. Amend RSA 483:9-aa, VII(b)\nto read as follows:\n\n(b) Any land application of solid waste\nas defined in [RSA 149-M:1, XIX] RSA 149-M:4, XXIV,\nexcept manure, lime and wood ash used for fertilizer, and sludge\nand septage shall be immediately incorporated into the soil and\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated rural-community river or segment;\n\n251:20 Reference Changed. Amend the introductory paragraph\nof RSA 483:9-b, VII to read as follows:\n\nVII. Any new solid waste storage or treatment\nfacility, as defined in [RSA 149-M:1, VIII] RSA 149-M:4, XI\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated community river or segment and screened with a\nvegetative or other natural barrier to minimize visual impact,\nexcept:\n\n251:21 Reference Changed. Amend RSA 483:9-b, VII(b)\nto read as follows:\n\n(b) Any land application of solid waste\nas defined in [RSA 149-M:1, XIX] RSA 149-M:4, XXIV,\nexcept manure, lime and wood ash used for fertilizer, and sludge\nand septage shall be immediately incorporated into the soil and\nshall be set back a minimum of 250 feet from the normal high watermark\nof a designated community river or segment;\n\n251:22 Reference Changed. Amend RSA 483-B:9, IV-d to\nread as follows:\n\nIV-d. No solid waste facility shall place solid\nwaste within 250 feet of the reference line of public waters under\nthis chapter except as expressly permitted under RSA 483-B:9,\nIV-c. However, any solid waste facility may be allowed, subject\nto permitting conditions under [RSA 149-M:10] RSA 149-M:9,\nto erect accessory structures and conduct other activities consistent\nwith the operation of the facility within 250 feet of the reference\nline of public waters under this chapter, such as filling, grading\nand installing monitoring wells and other drainage structures\nas is consistent with its solid waste permit as issued by the\ndepartment of environmental services. Under no circumstances\nshall the toe of any slope encroach within 150 feet of the reference\nline.\n\n251:23 Reference Changed. Amend the introductory paragraph\nof RSA 502-A:19-b to read as follows:\n\nIn any case in which a defendant may, pursuant to [RSA 149-M:13,\nII] RSA 149-M:17, II, RSA 206:34, RSA 262:44, or RSA 270:11-a,\nenter a plea by mail in a district or municipal court, the following\nprocedure shall be followed:\n\n251:24 Reference Changed. Amend RSA 570-A:2, II(d) to\nread as follows:\n\n(d) An investigative or law enforcement\nofficer in the ordinary course of his duties pertaining to the\nconducting of investigations of organized crime, offenses enumerated\nin this chapter, solid waste violations under RSA [149-M:10, I\nand I-a] 149-M:9, I and II, or harassing or obscene telephone\ncalls to intercept a telecommunication or oral communication,\nwhen such person is a party to the communication or one of the\nparties to the communication has given prior consent to such interception;\nprovided, however, that no such interception shall be made unless\nthe attorney general, the deputy attorney general, or an assistant\nattorney general designated by the attorney general determines\nthat there exists a reasonable suspicion that evidence of criminal\nconduct will be derived from such interception. Oral authorization\nfor the interception may be given and a written memorandum of\nsaid determination and its basis shall be made within 72 hours\nthereafter. The memorandum shall be kept on file in the office\nof the attorney general.\n\n251:25 Existing Rules. Existing rules adopted by the\ncommissioner of the department of environmental services under\nRSA 149-M shall continue in full force and effect until such rules\nexpire or are amended or repealed by the commissioner. The commissioner\nshall have the authority to correct citations to statutory provisions\nof RSA 149-M in the department's administrative rules to conform\nto RSA 149-M as amended by this act. Any such changes shall be\nmade subject to review by the director of legislative services\nfor compliance with the uniform system of numbering and drafting.\nSuch amended rules shall become effective when notice of these\nchanges is published by the director of legislative services in\nthe rulemaking register. Changes shall be submitted by the commissioner\nof environmental services for review by the director of legislative\nservices before January 1, 1997. Changes authorized under this\nsection shall not affect the adoption or expiration date of rules\namended under this section.\n\n251:26 Repeal. RSA 21-O:9, VII, relative to appeals\nheard by the waste management council, is repealed.\n\n251:27 Solid Waste Management; Waste Reduction Goal;\nChanges Required by the Reorganization of the Department of Environmental\nServices. Amend RSA 149-M:2, II to read as follows:\n\nII. In exercising any and all powers conferred\nupon the [division of waste management] department under\nthis chapter, the [division] department shall use and consider\ncriteria relevant to the waste reduction goal and disposal hierarchy\nestablished in RSA 149-M:2 and 149-M:3. The [division] department\nshall not take any action relative to the 40 percent weight reduction\ngoal which causes the municipalities organized under RSA 53-A\nand 1986, 139 or RSA 53-B to violate or incur penalties under\nlegal obligations existing on June 26, 1990.\n\n251:28 Solid Waste Management; Changes Required by the\nReorganization of the Department of Environmental Services. Amend\nRSA 149-M:4 through 149-M:12 to read as follows:\n\n149-M:4 Definitions. In this chapter:\n\nI. \"Abutter\" means any person who owns\nproperty adjacent to, or across a road, railroad, or stream from\nthe property on which a solid waste facility may be permitted.\n\nII. \"Approved facility\" means a facility\nwith a valid permit from the [division] department.\n\nIII. \"Commissioner\" means the commissioner\nof the department of environmental services.\n\nIV. \"Compost\" means a stable, humus-like\nsubstance which is derived from a process involving the biological\ndecomposition of any readily biodegradable material, such as animal\nmanure, garbage, yard waste, septage, sludge, or other organic\nsolid wastes, and which can be beneficially re-used for land\napplication.\n\nV. \"Department\" means the department\nof environmental services.\n\n[VI. \"Director\" means the director\nof the division of waste management.\n\nVII.] VI. \"Disposal\" means the\ndischarge, deposit, injection, dumping, spilling, leaking, incineration,\nor placing of any solid waste into or onto any land or water with\nthe possible result that such solid waste or any constituent of\nit may enter the environment, be emitted into the air, or be discharged\ninto any waters, including groundwater.\n\n[VIII.] VII. \"District\" means\na solid waste management district established under RSA 149-M:24.\n\n[IX.] VIII. \"District plan\"\nmeans the plan developed for waste management within a district,\nand approved by the [division] department.\n\n[X. \"Division\" means the division of\nwaste management.\n\nXI.] IX. \"Facility\" means a\nlocation, system, or physical structure for the collection, separation,\nstorage, transfer, processing, treatment, or disposal of solid\nwaste.\n\n[XII.] X. \"Hearing\" means the\nopportunity for the submission of written or oral comments, or\nboth.\n\n[XIII.] XI. \"Manure\" means animal\nfeces and urine with natural organic bedding materials such as\nhay, sawdust, straw, or wood chips, but exclusive of human waste.\n\n[XIV.] XII. \"Order\" means an\nofficial written notice requiring compliance with a statute, rule,\nor permit.\n\n[XV.] XIII. \"Out-of-state solid waste\"\nmeans solid waste generated or originating outside the borders\nof the state, but not including solid waste generated or originating\nfrom communities participating in cooperative agreements authorized\nby RSA 53-D.\n\n[XVI.] XIV. \"Permit\" means an\nauthorization from the [division] department for the construction\nand operation of a facility.\n\n[XVII.] XV. \"Person\" means any\nindividual; business entity, including a trust, firm, joint stock\ncompany, corporation (including a government corporation); partnership;\nassociation; government agency; or political subdivision of the\nstate.\n\n[XVIII.] XVI. \"Private facility\"\nmeans one whose permit is held by a person other than a government\nunit or agency or political subdivision of the state.\n\n[XIX.] XVII. \"Public benefit\"\nmeans the protection of the health, economy, and natural environment\nof the state of New Hampshire consistent with RSA 149-M:11.\n\n[XX.] XVIII. \"Public facility\"\nmeans one whose permit is held by a town or other governmental\nunit or agency or political subdivision of the state, or a combination\nthereof.\n\n[XXI.] XIX. \"Recyclable materials\"\nmeans materials that can be used to produce marketable goods,\nincluding but not limited to separated clear and colored glass,\naluminum, ferrous and nonferrous metals, plastics, corrugated\ncardboard, motor vehicle batteries, tires from motor vehicles,\nand paper.\n\n[XXII.] XX. \"Recycling\" means\nthe collection, storage, processing, and redistribution of recyclable\nmaterials.\n\n[XXIII.] XXI. \"Refuse\" means\nand includes any waste product, solid or having the character\nof a solid rather than a liquid in that it will not flow readily\nwithout additional liquid, and which is composed wholly or partly\nof such materials as garbage, swill, sweepings, cleanings, trash,\nrubbish, litter, industrial or domestic solid wastes; organic\nwastes or residue of animals sold as meat; fruit, vegetable or\nanimal matter from kitchens, dining rooms, markets, food establishments\nor any places dealing in or handling meat, fowl, fruits, grain\nor vegetables; offal, animal excreta, or the carcasses of animals;\nbrick, plaster or other waste matter resulting from the demolition,\nalteration, or construction of buildings or structures; or accumulated\nwaste material, cans, containers, tires, junk, or other such substances\nwhich may become a nuisance.\n\n[XXIV.] XXII. \"Solid waste\"\nmeans any matter consisting of putrescible material, refuse, residue\nfrom an air pollution control facility, and other discarded or\nabandoned material. It includes solid, liquid, semisolid or contained\ngaseous material resulting from industrial, commercial, mining,\nand agricultural operations, and from community activities. For\npurposes of this chapter, it does not include hazardous waste\nas defined in RSA 147-A:2; solid or dissolved materials in irrigation\nreturn flows; cut or uprooted tree stumps buried on-site with\nlocal approval if required, provided that such burial locations\nare not located within 75 feet of any drinking water supply; municipal\nand industrial discharges which are point sources subject to permits\nunder section 402 of the federal Water Pollution Control Act,\nas amended; source, special nuclear or by-product material as\ndefined by the Atomic Energy Act of 1954, as amended; or septage\nor sludge as defined in RSA 485-A:2, IX-a and XI-a.\n\n[XXV.] XXIII. \"Solid waste management\"\nmeans the systematic administration of activities for the collection,\nseparation, processing, treatment, transportation, transfer, storage,\nrecovery, and disposal of solid waste.\n\n[XXVI.] XXIV. \"Source reduction\"\nmeans changing industrial processes, technologies, and product\ncomponents with the specific objective of reducing the amount\nor toxicity of waste at the source.\n\n[XXVII.] XXV. \"Special waste\"\nmeans any matter consisting of medical or infectious wastes.\n\n[XXVIII.] XXVI. \"State plan\"\nmeans the state solid waste management plan developed under RSA\n149-M:29.\n\n[XXIX.] XXVII. \"Town\" means\ntown, city, unincorporated town, and unorganized place.\n\n149-M:5 Administration and Enforcement.\n\nI. The [division] department shall administer\nand enforce this chapter. The [division] department is\nhereby named as the state agency for planning and regulating solid\nwaste management.\n\n[II. The responsibility and authority vested\nin the division under this chapter shall not affect the responsibilities\nand authority vested in the division of air resources or in the\ndivision of water supply and pollution control.\n\nIII. The director shall be the head of the division\nand shall be responsible for administering this chapter.]\n\n149-M:6 Responsibilities. The [division] department\nshall have the responsibility and authority to:\n\nI. Administer and enforce this chapter, and all\norders and permits issued and rules adopted under it.\n\nII. Establish solid waste management policies\nand goals consistent with the provisions of RSA 149-M:1-3.\n\nIII. Regulate facilities through administration\nof a permit system.\n\nIV. Enter, at all reasonable times, in or upon\nany private or public property, except private residences, to:\n\n(a) Inspect any facility; or\n\n(b) Investigate any condition which is\nbelieved to be in violation either of this chapter or of any of\nthe rules adopted or orders issued under it, or which presents\na substantial threat to human health or the environment.\n\nV. Hold hearings, issue notices of hearings,\nand take testimony.\n\nVI. Prepare the state solid waste plan.\n\nVII. Provide technical assistance and information\nto citizens, towns, and districts.\n\nVIII. Review in order to approve or require modification\nof town or district solid waste plans.\n\nIX. Administer grants or other funds to carry\nout this chapter.\n\nX. Consult, cooperate, or contract with other\nstate agencies responsible for solid waste issues, with interstate\nand federal agencies, with New Hampshire nonprofit recycling organizations,\nand with other affected groups.\n\nXI. Assess a surcharge on the disposal of out-of-state\nsolid waste in the amount of $1 per ton, which shall be assessed\nagainst the person transporting the out-of-state solid waste to\nthe facility and not assessed against the facility. The surcharge\nshall be assessed and collected only with respect to the first\npoint of disposal, processing, or treatment within this state.\nThe proceeds shall be used by the [division] department\nto reduce and offset general fund expenditures for solid waste\nmanagement.\n\nXII. Determine whether the taking of land by\neminent domain is necessary and appropriate and to order the initiation\nof such proceedings.\n\nXIII. Establish and administer a certification\nprogram for solid waste operators which shall include training\ncourses, and may include testing. The registration fee for any\ncourse shall not exceed $50 per attendee, and shall be deposited\nin the nonlapsing revolving fund established in RSA 21-O:1-a.\n\nXIV. Conduct any other activity for the purpose\nof administering this chapter.\n\n149-M:7 Rulemaking. The commissioner shall have the\nresponsibility and authority to adopt rules, under RSA 541-A,\nrelative to this chapter, including rules relative to:\n\nI. Criteria for approving town and district solid\nwaste plans.\n\nII. Criteria for all types of facilities, including\nstandards for the proper receipt, reclamation, or disposal of\nseparated motor vehicle wastes.\n\nIII. Administration of a permit system, including\nthe terms and conditions under which the [division] department\nshall issue, modify, suspend, revoke, deny, approve, or transfer\npermits required by this chapter.\n\nIV. A schedule of permit fees.\n\nV. Standards for granting any exemptions or notice\nwaivers from RSA 149-M:9.\n\nVI. Administration of a solid waste facility\noperator training program pursuant to RSA 149-M:9, VI.\n\nVII. Administration of and standards for the\nassessment and collection of the out-of-state solid waste surcharge\npursuant to RSA 149-M:6, XI.\n\nVIII. Standards and procedures for the treatment\nand disposal of special waste.\n\nIX. Administrative fines as provided in RSA 149-M:16.\n\nX. A schedule of administrative fines which may\nbe imposed under this section for violation of this chapter as\nprovided in paragraph IX.\n\nXI. Procedures for notice and hearing prior to\nthe imposition of an administrative fine.\n\nXII. Administration of the cleanup of waste sites\nprovided for in RSA 149-M:30 and the aid to municipalities program\nprovided in RSA 149-M:41 through 50.\n\nXIII. Toxics reduction provided in RSA 149-M:32-40.\n\nXIV. Establish minimum standards for closing\nall solid waste facilities according to type of waste disposed\nof, and establish state closure guidelines for all facility owners\nand operators which shall include, but not be limited to, monitoring,\nrestoration, and correction and compliance procedures which may\nbe necessary in the maintenance of a closed landfill facility.\n\nXV. Such other rules as are deemed necessary\nto implement the provisions of this chapter.\n\n149-M:8 Appeals. Administrative appeals from decisions\nof the [director] department made under the provisions\nof this chapter shall be heard by the waste management council\nunder RSA 21-O:9, V.\n\n149-M:9 Permit Required.\n\nI. No person shall construct, operate, or initiate\nclosure of a public or private facility without first obtaining\na permit from the [division] department. However, no permit\nshall be required for hauling or storing manure, if used as fertilizer.\n\nII. It shall be unlawful to transport solid waste\nto, or to dispose of solid waste at, any facility other than an\napproved facility.\n\nIII. Applications for permits shall be upon such\nforms and shall include such information as the [division] department\nrequires by rules adopted under RSA 149-M:7. The application\ninformation shall include, but not be limited to, a performance\nhistory of the applicant and of its officers and directors relative\nto the operation, financial security, and ownership of all facilities\nowned or operated by the applicant. Whenever requested by the\n[division] department, the attorney general shall conduct\na background investigation of the performance history and criminal\nrecord of the applicant and of its officers and directors, if\nany, and make a report to the [division] department. The\ncost of any investigation under this paragraph shall be borne\nby the applicant. The applicant shall also demonstrate that the\nproposed facility provides a substantial public benefit pursuant\nto RSA 149-M:11.\n\nIV. Each facility seeking a permit shall submit\nevidence that the facility includes separate provisions for the\ncollection, reclamation, and disposal of motor vehicle waste.\n\nV. As a condition for any permit, the [division]\ndepartment may require payment of a reasonable fee, set by\nrules adopted under RSA 149-M:7. Such funds shall be used\nby the [division] department for the purposes of this chapter.\n\nVI. No person shall operate a public or private\nfacility who is not certified by the [division] department.\n\nVII. A permit issued by the [division] department\nfor a facility shall not eliminate the need to comply with all\nlawful and applicable local ordinances, codes, and regulations\nthat are consistent with a district plan.\n\nVIII. The [division] department shall\nact upon each permit application within a reasonable period of\ntime. Prior to such action, the [division] department\nshall provide notice of the application by publication in at least\none newspaper of general circulation in the community and an opportunity\nfor hearing to interested persons. The applicant shall notify\nabutters of the public hearing in writing by certified mail, return\nreceipt requested. The requirement of public notice and hearing\nshall apply at the discretion of the [division] department\nto facilities or activities that will have an insignificant effect\non environmental quality as defined by rule under RSA 149-M:7.\n\nIX. The [division] department may deny\na permit application under this section to a person if any of\nthe following applies:\n\n(a) The person fails to demonstrate sufficient\nreliability, expertise, integrity, and competence to operate a\nsolid waste facility.\n\n(b) The person has been convicted of,\nor pled guilty or no contest to, a felony in any state or federal\ncourt during the 5 years before the date of the permit application.\n\n(c) In the case of a corporation or business\nentity, if any of its officers, directors, partners, key employees\nor persons or business entities holding 10 percent or more of\nits equity or debt liability has been convicted of, or pled guilty\nor no contest to, a felony in any state or federal court during\nthe 5 years before the date of the permit application.\n\nX. The [division] department shall not\nissue a permit for a solid waste facility unless the facility\nmeets the terms and conditions required in rules adopted by the\ncommissioner. These terms and conditions include, but are not\nlimited to, monitoring, contingency plans, closure, and evidence\nof financial responsibility in the amount set by the [division]\ndepartment after consultation with the commissioner of\ninsurance. This amount shall be whatever is necessary to:\n\n(a) Protect the public health and welfare\nand the environment; and\n\n(b) Insure that appropriate measures\nwill be taken to prevent present and future damage to the public\nhealth and safety or to the environment, in the event that the\noperations at the facility are abandoned, interrupted, or stopped.\n\nXI. All permits shall be continuous in duration,\nbut may be suspended or revoked for cause as provided in this\nchapter.\n\nXII. No permit issued by the [division] department\nunder this section shall be transferred by the permittee to any\nother person without the prior written approval of the [division]\ndepartment. The following shall apply:\n\n(a) Applications for the transfer of\npermits shall be filed by the person to whom such permit is to\nbe transferred upon such forms and shall include such information\nas the [division] department requires by rules adopted\nunder RSA 149-M:7. The application information shall include,\nbut not be limited to, a performance history of the applicant\nand of its officers and directors relative to the operation, financial\nsecurity, and ownership of all facilities owned or operated by\nthe applicant. Whenever requested by the [division] department,\nthe attorney general shall conduct a background investigation\nof the performance history and criminal record of the applicant\nand of its officers and directors, if any, and make a report to\nthe [division] department. The applicant shall also submit\na statement that the proposed facility is consistent with the\nprovisions of a district plan. The cost of any investigation\nunder this paragraph shall be borne by the applicant.\n\n(b) The applicant shall notify abutters\nof any application to transfer a permit under this section. The\n[division] department shall receive written comments from\nabutters on such application for the period of 30 days following\nnotification of the filing of the application. The [division]\ndepartment, at the discretion of the [director] commissioner,\nshall hold a public hearing no later than 30 days prior to making\nany final decision on an application to transfer a permit under\nthis section. Notice of such public hearing shall be published\nin a newspaper of local circulation within the region of the public\nor private solid waste facility at least 2 weeks prior to such\npublic hearing.\n\n149-M:10 Disclosure of Ownership.\n\nI. Any application for a permit under RSA 149-M:9\nshall be signed under oath by a representative of the applicant\nand shall contain the following information:\n\n(a) Name and address of the applicant.\n\n(b) If the applicant is a corporation,\nthe state of incorporation, the address of its principal place\nof business, and the names and addresses of its directors, officers,\nand shareholders; if the applicant is a partnership, the state\nof formation, the address of its principal place of business,\nand the names and addresses of its partners, whether general or\nlimited; and if the applicant is any other kind of association,\nthe state of formation, the address of its principal place of\nbusiness, and the names and addresses of its principals, members\nor participants.\n\n(c) The exact location where the applicant\nintends to conduct the business for which it is seeking the permit.\n\n(d) Such financial information as the\n[division] department may require under RSA 149-M:9.\n\nII. All commercial solid waste haulers and municipalities\nholding a permit under RSA 149-M shall cause trash collection\ncontainers within their possession or control to be prominently\nmarked with an identification name or logo.\n\n149-M:11 Public Benefit Requirement.\n\nI. The general court finds and declares as follows:\n\n(a) It is responsible to provide for\nthe solid waste management need of the state and its citizens.\n\n(b) In order to provide for these needs,\nit must ensure that adequate capacity exists within the state\nto accommodate the solid waste generated within the borders of\nthe state.\n\n(c) Facilities necessary to meet state\nsolid waste capacity needs must be designed and operated in a\nmanner which will protect the public health and the state's natural\nenvironment.\n\n(d) An integrated system of solid waste\nmanagement requires a variety of types of facilities designed\nto accommodate the entire solid waste stream, including materials\nwhich can be recycled, recovered or reused, materials which can\nbe composted, and residual materials which must be disposed of\npermanently.\n\n(e) The enactment of statutes to address\nthe needs identified in this section is an exercise of the police\npower granted to the general court under part II, article 5 of\nthe New Hampshire Constitution.\n\nII. The general court declares that it is the\npurpose of this chapter to ensure benefit to the citizens of New\nHampshire by providing for solid waste management options which\nwill meet the capacity needs of the state while minimizing adverse\nenvironmental, public health and long-term economic impacts.\n\nIII. The [division] department shall determine\nwhether a proposed solid waste facility provides a substantial\npublic benefit based upon the following criteria:\n\n(a) The short- and long-term need for\na solid waste facility of the proposed type, size, and location\nto provide capacity to accommodate solid waste generated within\nthe borders of New Hampshire, which capacity need shall be identified\nas provided in paragraph V.\n\n(b) The ability of the proposed facility\nto assist the state in achieving the implementation of the hierarchy\nand goals under RSA 149-M:2 and 149-M:3.\n\n(c) The ability of the proposed facility\nto assist in achieving the goals of the state solid waste management\nplan, and one or more solid waste management plans submitted to\nand approved by the [division] department under RSA 149-M:24\nand 149-M:25.\n\nIV. The [division] department shall also\nconsider as part of its public benefit determination:\n\n(a) The concerns of the citizens and\ngoverning bodies of the host municipality, county, and district\nand other affected persons. For any proposed solid waste facility,\nincluding transfer stations, designed to accommodate in excess\nof 30 tons of solid waste per day, the [division] department\nshall hold at least one public hearing in the host municipality,\nor in the case of an unincorporated town or unorganized place\nin the host county, in order to take testimony to identify those\nconcerns.\n\n(b) The economic viability of the proposed\nfacility, including but not limited to, its ability to secure\nfinancing.\n\nV. In order to determine the state's solid waste\ncapacity need, the [division] department shall:\n\n(a) Project, as necessary, the amount\nof solid waste which will be generated within the borders of New\nHampshire for a 20-year planning period. In making these projections\nthe [division] department shall assume that all unlined\nlandfill capacity within the state is no longer available to receive\nsolid waste.\n\n(b) Identify the types of solid waste\nwhich can be managed according to each of the methods listed under\nRSA 149-M:3 and determine which such types will be received by\nthe proposed facility.\n\n(c) Identify, according to type of solid\nwaste received, all permitted facilities operating in the state\non the date a determination is made under this section.\n\n(d) Identify any shortfall in the capacity\nof existing facilities to accommodate the type of solid waste\nto be received at the proposed facility for 20 years from the\ndate a determination is made under this section. If such a shortfall\nis identified, a capacity need for the proposed type of facility\nshall be deemed to exist to the extent that the proposed facility\nsatisfies that need.\n\nVI. All applicants under this chapter shall provide\nany information requested by the [division] department.\nIf an applicant declares that any information requested under\nthis section should be considered exempt under RSA 91-A:5, IV,\nthe attorney general shall determine the reasonableness of such\ndeclaration and, if the attorney general agrees, shall direct\nthe [division] department to treat it as confidential information\nwhich shall be considered exempt under RSA 91-A:5, IV.\n\nVII. Any proposed solid waste facility to be\nowned and controlled by a solid waste district, or a member municipality\non behalf of its solid waste district, shall be deemed to fulfill\nthe requirements of subparagraph III(a), provided that it is built\nwithin the district and shall serve only the capacity needs of\nthat district. Any permit issued for a facility which fulfills\nthe public benefit requirement by relying on this paragraph shall\nstate that the facility is limited to receiving solid waste generated\nwithin that district.\n\nVIII. Each applicant for a solid water permit\nunder this chapter shall have the burden of demonstrating that\na proposed solid waste facility provides a public benefit by showing\nhow the proposed facility satisfies the criteria listed under\nparagraph III. Such demonstration shall be included as part of\neach application for a solid waste permit.\n\nIX. If the [division] department determines\nthat an applicant has failed to demonstrate that it satisfies\nthe criteria listed under paragraph III, it shall notify the applicant\nin writing that its application has been denied, and provide a\nwritten explanation of the reasons for that determination.\n\nX. If the [division] department determines\nthat an applicant has demonstrated that it satisfies the criteria\nlisted under paragraph III, it shall state that determination\nin any permit issued.\n\nXI. Facilities permitted under this chapter shall\nbe operated so as to provide a substantial public benefit consistent\nwith the information submitted as part of the application concerning\nhow the facility accommodates New Hampshire capacity needs. If\na permittee cannot demonstrate consistency with information submitted\nin its permit application, and where it no longer meets needs\nidentified in the state solid waste management plan and one or\nmore solid waste management plans submitted to and approved by\nthe [division] department under RSA 149-M:25 due to\ncircumstances beyond its control, as determined by the commissioner\n[of environmental services] and the attorney general, the department\nshall not enforce this paragraph based solely upon such inconsistency.\n\n149-M:12 Criteria for Approval, Suspension, or Revocation.\n\nI. The [division] department shall approve\nan application for a permit only if it determines that the facility\nor activity for which the permit is sought will:\n\n(a) Comply with this chapter and all\nrules adopted under it;\n\n(b) Be consistent with the provisions\nof the state, district, and local plans; and\n\n(c) Comply with federal and state air\nor water pollution statutes, regulations, and rules.\n\nII. The [division] department may suspend\nor revoke any permit issued under this chapter if, following an\nopportunity for hearing, it determines that:\n\n(a) The permit holder has committed a\nviolation of this chapter, or any rule, plan, order, or permit\nconditions in force under it; or\n\n(b) The facility or activity covered\nby the permit presents an immediate and substantial threat to\nhuman health or the environment.\n\nIII. In processing applications for a permit\nunder this chapter, the [division] department shall comply\nwith time limits prescribed in RSA 541-A:29.\n\n251:29 Solid Waste Management; Penalties; Changes Required\nby Reorganization of the Department of Environmental Services.\nAmend RSA 149-M:15 to read as follows:\n\n149-M:15 Penalties and Other Enforcement.\n\nI. The [division] department may issue\nan order to any person in violation of this chapter, a rule adopted\nunder this chapter, or any condition in a permit issued under\nthis chapter to comply with this chapter, the rule or the permit,\nand require such remedial measures as may be necessary. Any person\nto whom such an order is directed may appeal to the waste management\ncouncil.\n\nII. If the [division] department finds\nthat an emergency exists requiring immediate action to protect\nthe public health, it may issue an order stating that an emergency\nexists and requiring that such action be taken as it judges necessary\nto meet the emergency. The order shall be effective immediately.\nAny person to whom such an order is directed shall comply immediately,\nbut may appeal to the waste management council.\n\nIII. Any person who violates any of the provisions\nof this chapter, or any rule adopted or order issued under this\nchapter, or any condition in a permit issued under this chapter\nshall be guilty of a misdemeanor if a natural person, or guilty\nof a felony if any other person.\n\nIV. Any person who violates any of the provisions\nof this chapter, or any rule adopted or order issued under this\nchapter, or any condition in a permit issued under this chapter\nshall be subject to a civil penalty not to exceed $25,000 for\neach violation, or for each day of a continuing violation.\n\nV. Notwithstanding RSA 651:2, any person may,\nin addition to any sentence of imprisonment, probation or conditional\ndischarge, be fined not more than $25,000 if found guilty of any\nviolation pursuant to paragraph III. Each day of violation shall\nconstitute a separate offense.\n\nVI. Any violation of the provisions of this chapter,\nor of any rule adopted or order issued under it, or of any condition\nin a permit issued under it, may be enjoined by the superior court\nupon application of the attorney general.\n\nVII. Commercial trash haulers or municipalities\nviolating the labeling requirements as provided in RSA 149-M:10,\nII shall be subject only to a fine of $50 per day per container,\nnotwithstanding paragraphs III and IV.\n\nVIII. Municipalities may apply to a justice of\nthe superior court for injunctive relief against existing or impending\nviolations of this chapter, or any rule or order issued under\nthis chapter. The municipality shall give notice of any such\naction to the attorney general and the commissioner [of environmental\nservices], who may take such steps as they deem necessary to ensure\nuniform statewide enforcement, including but not limited to joining\nthe action, assuming sole prosecution of the action, or as of\nright dismissing the action without prejudice. Such notice shall\nbe given at least 30 days prior to the commencement of any such\naction, unless more immediate action is necessary to prevent irreparable\nenvironmental damage or other serious public harm, in which case\nsuch notice shall be given as soon as practicable, but in no event\nlater than the date of commencement of the action. This paragraph\nshall not be construed to affect, in any manner, existing authority\nof municipalities to act based upon the provisions of other statutes\nor local ordinances.\n\n251:30 Solid Waste Management; Changes Required by the\nReorganization of the Department of Environmental Services. Amend\nRSA 149-M:21 and 22 to read as follows:\n\n149-M:21 Failure to Provide Facilities. If any town\nfails to provide an approved disposal facility as required under\nRSA 149-M:17, the following steps shall be taken:\n\nI. The [division] department shall conduct\nan investigation of opportunities for joint action with other\ntowns, the availability of private facilities, and possible facility\nsites within the town.\n\nII. The [division] department shall report\nfindings to the district and town, and seek local agreement to\nan acceptable solution to the waste problem.\n\nIII. If no agreement is reached within 60 calendar\ndays after the findings are delivered, the [division] department\nshall schedule and hold a public hearing in the town. Notice\nof the hearing shall be posted in 2 or more public places in the\ntown for at least 14 calendar days before it is held.\n\nIV. If no agreement is reached within 45 calendar\ndays after the hearing, the [division] department shall\neither order the town to participate in an existing or planned\napproved facility, or shall recommend that land within the town\nbe taken by eminent domain for the establishment of an approved\nfacility.\n\nV. If the [division] department determines\nthat land shall be taken, the [division] department shall\ninstitute eminent domain proceedings in accordance with RSA 498-A.\n\nVI. The [division] department shall be\nresponsible for the facility's design and construction.\n\n149-M:22 Facility Built by State. If land is taken for\nconstruction of a facility:\n\nI. The property shall be held in the name of\nthe state and shall not be taxed.\n\nII. Upon completion, the facility shall be operated\nby the town in accordance with the facility plan.\n\nIII. At the time of the taking, the [division]\ndepartment shall certify to the commissioner of revenue\nadministration the costs of establishing the facility. The certification\nshall be revised when the facility is complete to reflect actual\ncosts, including land, buildings, equipment, administration, planning,\nconsultants, and any other necessary costs.\n\nIV. The commissioner of revenue administration\nshall assess the costs on the town over a 20-year period. Each\nannual assessment shall include the interest on any debt incurred\nby the state for this purpose. The assessment shall be made as\nprovided in RSA 21-J:9 and RSA 81.\n\nV. When all costs and interest are paid, the\nproperty shall be deeded to the town, or in the case of an unincorporated\ntown or unorganized place, to the county.\n\n251:31 Solid Waste Management; Changes Required by the\nReorganization of the Department of Environmental Services. Amend\nRSA 149-M:24 and 25 to read as follows:\n\n149-M:24 Districts and Subdistricts; Powers; Responsibilities.\n\nI. Each town shall participate in planning efforts,\neither as a town or as a solid waste management district. Towns\nor districts formed by area towns shall be the basis for developing\na town or district solid waste management plan. Subdistricts\nmay be formed, the plans of which will be included in the district\nplan for purposes of implementation. Each town, whether it has\nentered into a district voluntarily or has been assigned to a\ndistrict, shall remain in such a district in order to participate\nin a solid waste management plan pursuant to paragraph IV and\nmay withdraw from that district only after the town has:\n\n(a) Obtained approval by a majority vote\nof district committee members of the solid waste management district\nor cooperative of which the municipality is currently a member.\n\n(b) Paid its proportionate equitable\nshare of the district expenses and debt, including long-term debt\nincurred by the district.\n\nII. In implementing their responsibilities under\nthis chapter, towns may enter into a written agreement, which\nmay be:\n\n(a) A service contract;\n\n(b) A memorandum of understanding;\n\n(c) A formal inter-municipal cooperative\nagreement under RSA 53-A;\n\n(d) A formal inter-municipal cooperative\nagreement under RSA 53-B; or\n\n(e) Any other written agreement deemed\nappropriate by member towns.\n\nIII. Each district shall file a copy of its organizational\nagreement with the [division of waste management] department\nupon execution.\n\nIV. Each town or district shall prepare and maintain\nan \"approvable\" solid waste management plan which is\nconsistent with the state plan and demonstrates consideration\nof existing solid waste agreements and environmental and economic\nfactors in the area. An \"approvable\" plan is one which\ncontains information required by rule, in a form and with sufficient\ndetail to demonstrate compliance with this provision.\n\n149-M:25 Minimum Plan Requirements.\n\nI. Each plan shall:\n\n(a) Estimate the types, weights, and\nvolumes of solid waste generated, including wet-cell batteries,\nused motor oil, tires, demolition debris, and waste particular\nto the district or municipality, current and available methods\nof disposal and treatment, and the types, weights, and volume\nof recyclable materials that can be recovered and recycled.\n\n(b) Develop future projections of the\ntypes, weights, and volumes of waste generated, and the types\nand amounts of solid waste materials that can be recovered and\nrecycled based on current and future population growth trends.\n\n(c) Identify numbers, types, and capacities\nof operating facilities in the district or town in compliance\nwith this chapter, and the location, type, and capacity of any\nproposed facilities.\n\n(d) Establish a process by which those\nfacilities with known or suspected groundwater contamination or\nemission problems can develop a remedial action plan, including\nfunding requirements and funding mechanisms.\n\n(e) Demonstrate a capacity or implementation\nplan for disposal for 10 years and an ongoing planning process\nas required in RSA 149-M:23 for 15 years from the date of filing\nof the plan. Each such plan shall be reviewed by the [division]\ndepartment at least once every 5 years from the date of\nsubmission.\n\n(f) Identify the means by which district\nmembers shall develop, construct, operate, or otherwise implement\nthe solid waste management methods described in the plan.\n\nII. Each plan shall be reviewed and commented\nupon by the [division] department. The [division] department\nor a district or town may request a hearing on the plan as submitted.\nThe [division] department may approve, require modification\nof, or disapprove of any plan with cause stated and shall finally\nact upon each plan within 120 days of submission. Within 60 days\nafter receipt of written notice of approval of the plan by the\n[division] department, the town or district and each town\nin the district shall begin implementing the plan.\n\nIII. Each district and town shall be responsible\nfor demonstrating continuous compliance with its plan as approved\nby the [division] department. Should the [division] department\ndetermine that a district or town is not in compliance, it shall\nissue a remedial order.\n\n251:32 Solid Waste Management; Changes Required by the\nReorganization of the Department of Environmental Services. Amend\nRSA 149-M:27-30 to read as follows:\n\n149-M:27 Refuse Recycling or Reduction.\n\nI. No person shall dispose of refuse at any private\nsolid waste landfill facility having a lining and a leachate collection\nsystem unless all recyclable materials have been removed from\nsuch refuse or such refuse has been otherwise reduced in weight\nby at least 20 percent.\n\nII. Weight reduction under this section may include\nremoval of recyclable materials, composting, resource recovery,\nany other method approved by the [division of waste management]\ndepartment, or any combination of such methods. Refuse or\nany solid waste resulting from such reduction methods shall not\nbe subject to further weight reduction pursuant to this section.\n\nIII. If the [division] department finds\nthat an emergency exists requiring immediate action to protect\nthe public health, it may issue an order suspending all or any\npart of this section during such emergency.\n\nIV. No wet-cell batteries shall be disposed of\nin a solid waste landfill facility or composting facility or incinerator,\nwhether in a waste-to-energy facility or otherwise.\n\nV. No leaf or yard waste shall be disposed in\na solid waste landfill or incinerator including any waste to energy\nfacility. This paragraph shall not apply to municipalities organized\nunder RSA 53-A, RSA 53-B, or 1986, 139, if application of the\nparagraph would cause the municipality to violate or incur penalties\nunder legal obligations existing on January 1, 1993. Any person\nwho violates this paragraph shall be subject to the penalties\nand enforcement provisions of RSA 149-M:15 and 16.\n\n149-M:28 Restrictions on Battery Sales and Disposal;\nExemptions.\n\nI.(a) Except as provided in subparagraph (b),\nno person shall sell or offer for sale in New Hampshire an alkaline\nmanganese battery manufactured on or after January 1, 1993, which\nbattery contains more than 0.025 percent mercury by weight of\nthe battery.\n\n(b) No person shall sell or offer for\nsale in New Hampshire alkaline manganese batteries having sizes\nand shapes resembling buttons or coins which have a mercury content\nof more than 25 milligrams of mercury per battery.\n\n(c) A manufacturer shall not sell, distribute,\nor offer for sale in this state an alkaline manganese battery,\nexcept an alkaline manganese button cell, that contains added\nmercury, unless the commissioner [of environmental services] grants\nan exemption pursuant to paragraph II of this section.\n\nII.(a) On application by a manufacturer, the\ncommissioner [of environmental services] may exempt a manufacturer\nfrom the requirements of subparagraph I(c) if the manufacturer\ndemonstrates that:\n\n(1) Since July 11, 1992, the\nmanufacturer has worked in good faith to develop mercury-free\nalkaline manganese batteries which, with respect to safety, leakage,\ncapacity, rate capability and shelf life, are as good as alkaline\nmanganese batteries containing no more than 0.025 percent mercury\nproduced by that manufacturer on January 1, 1993; and\n\n(2) If granted that exemption,\nthe manufacturer shall continue to work in good faith to achieve\nthe goals described in subparagraph (a)(1).\n\n(b) An exemption granted by the commissioner\n[of environmental services] under this paragraph shall be effective\nfor 2 years and may be renewed.\n\nIII. A manufacturer shall not sell, distribute,\nor offer for sale in New Hampshire a zinc-carbon battery that\ncontains an added mercury concentration level of more than 10\nparts per million by weight for batteries manufactured on or after\nJanuary 1, 1993.\n\nIV. No person shall dispose of mercuric oxide\nbatteries in New Hampshire except in a manner approved by the\ndepartment [of environmental services] under rules adopted pursuant\nto RSA 541-A.\n\nV. No person shall sell or offer for sale in\nthis state any consumer product manufactured after July 1, 1993,\nwhich is powered by a small, sealed, nickel-cadmium or small,\nsealed, lead acid battery unless:\n\n(a) The battery can be easily removed\nby the consumer or is contained in a battery pack that is separate\nfrom the product and can be easily removed.\n\n(b) Such product, the package containing\nsuch product, or the battery itself is clearly labeled in a manner\nwhich is visible and understandable to the consumer prior to purchase\nindicating that the battery must be recycled or disposed of properly.\n\n(c) The battery must be clearly identifiable\nas to the type of electrode used in the battery.\n\n(d) The battery or battery pack itself\nis labeled with the name of the manufacturer.\n\nVI. The commissioner [of environmental services]\nmay authorize the sale of a consumer product which does not comply\nwith the provisions of paragraph V, if such product was available\nfor sale on or before July 11, 1992, and the commissioner determines\nthat the redesign of such product to comply with this section\nwould result in significant danger to public health and safety.\nAny authorization under this paragraph shall be limited to 2\nyears and may not be renewed.\n\n149-M:29 State Solid Waste Plan and Report.\n\nI. Beginning October 1, 1998, and every 6 years\nthereafter, the [division] department shall update the\nstate's solid waste plan.\n\nII. At least every October 1 of every even-numbered\nyear, the [division] department shall prepare a report\non the level of achievement in reaching the 40 percent reduction\ngoal established in RSA 149-M:2 and on proposed strategies\nfor achieving the goal and any proposed changes to the goal.\nThe report shall contain information regarding:\n\n(a) The generation of solid waste in\nthe state.\n\n(b) The disposal of solid waste in the\nstate, including figures on how the management compares with the\nhierarchy of preferred methods.\n\n(c) Projected state solid waste management\nand capacity needs.\n\n(d) State and regional trends in solid\nwaste management.\n\n(e) Congressional actions and court rulings\nthat affect solid waste decisions.\n\n(f) On-going efforts by the [division]\ndepartment and other organizations in the state involved\nin solid waste issues.\n\n(g) The [division's] department's\nsolid waste programs and their focus.\n\n(h) The status of efforts by the market\ndevelopment steering committee established in RSA 149-O:1.\n\n(i) A listing of organizations which\ncan provide assistance with solid waste management.\n\n149-M:30 Cleanup of Waste Sites; Priorities; Rulemaking.\n\nI.(a) In addition to any other powers conferred\nupon cities, towns, districts and counties by this chapter or\nby RSA 147-B, cities, towns, districts, and counties shall have\nthe power to finance costs incurred for the closing and cleanup\nof landfills and other solid waste facilities and for the closing\nand cleanup of hazardous waste sites, excluding Superfund sites,\nas provided in RSA 147-B. Considerations for determining priority\nfor eligibility to incur debt in the form of bonds guaranteed\nby the state of New Hampshire for solid waste landfill closure\nand cleanup of hazardous waste sites shall be as follows, in order\nof highest to lowest priority:\n\n(1) Facility poses immediate\nrisk to human health.\n\n(2) Facility poses potential\nrisk to human health.\n\n(3) Facility with high level\nsource of contamination identified.\n\n(4) Facility with surface water\nimpact identified.\n\n(5) Facilities with approved\nclosure plans ready for construction.\n\n(6) Facilities with closure plans\nthat have been deemed complete.\n\n(7) Facilities for which hydrogeological\ninvestigations have been completed in accordance with an approved\nworkscope and which have obtained a groundwater management permit\nand are actively engaged in the final design of the closure system.\n\n(8) Facility shows groundwater\nimpact with no alternate water supply in area.\n\n(9) Facility shows high concentration\nof groundwater contamination with alternate water supply in area.\n\n(10) Facility shows low concentration\nof groundwater contamination with alternate water supply available.\n\n(b) Project priority may be adjusted\nby the commissioner [in consultation with the director,] when\nsuch adjustments are determined to be required to further protect\npublic health and the environment.\n\nII. If the amount of bonds authorized in a given\nyear exceeds the annual bond limit, the commissioner shall recommend\nallocation of the bond guarantees based on the priority ranking\nsystem under paragraph I. The commissioner shall adopt rules,\npursuant to RSA 541-A, relative to the administration of this\nsection.\n\n251:33 Contingency. If HB 1314 of the 1996 regular session\nbecomes law, sections 27-32 of this act shall take effect at 12:01\na.m. on the day that section 2 of this act takes effect. If HB\n1314 does not become law, sections 27-32 of this act shall not\ntake effect.\n\n251:34 Effective Date.\n\nI. Sections 27-32 of this act shall take effect\nas provided in section 33 of this act.\n\nII. The remainder of this act shall take effect\n60 days after its passage.\n\nApproved: June 10, 1996\n\nEffective: I. Sections 27-32 shall take effect as provided\nin\n\nsection 33 of this act.\n\nII. The remainder shall\ntake effect August 9, 1996.", "in_text": [], "chars": 148597}, "nver": 0, "namd": 0, "rsa": {"RSA 149-M": "/laws/149-m", "RSA 149-M:2": "/laws/149-m#s2", "RSA 53-A": "/laws/53-a", "RSA 53-B": "/laws/53-b", "RSA 149-M:24": "/laws/149-m#s24", "RSA 53-D": "/laws/53-d", "RSA 149-M:11": "/laws/149-m#s11", "RSA\n147-A:2": "/laws/147-a#s2", "RSA 485-A:2": "/laws/485-a#s2", "RSA 149-M:29": "/laws/149-m#s29", "RSA 149-M:1-3": "/laws/149-m", "RSA 21-O:1-a": "/laws/21-o#s1-a", "RSA 541-A": "/laws/541-a", "RSA 149-M:9": "/laws/149-m#s9", "RSA 149-M:6": "/laws/149-m#s6", "RSA 149-M:16": "/laws/149-m#s16", "RSA 149-M:30": "/laws/149-m#s30", "RSA 149-M:41": "/laws/149-m#s41", "RSA 149-M:32-40": "/laws/149-m", "RSA 21-O:9": "/laws/21-o#s9", "RSA 149-M:7": "/laws/149-m#s7", "RSA 149-M:3": "/laws/149-m#s3", "RSA 91-A:5": "/laws/91-a#s5", "RSA 149-M:25": "/laws/149-m#s25", "RSA 541-A:29": "/laws/541-a#s29", "RSA 651:2": "/laws/651#s2", "RSA 149-M:10": "/laws/149-m#s10", "RSA 541": "/laws/541", "RSA 31:39": "/laws/31#s39", "RSA 502-A:19-b": "/laws/502-a#s19-b", "RSA 261:153": "/laws/261#s153", "RSA 28:7": "/laws/28#s7", "RSA 149-M:17": "/laws/149-m#s17", "RSA 498-A": "/laws/498-a", "RSA 21-J:9": "/laws/21-j#s9", "RSA 81": "/laws/81", "RSA 149-M:23": "/laws/149-m#s23", "RSA 356": "/laws/356", "RSA 149-M:15": "/laws/149-m#s15", "RSA 149-O:1": "/laws/149-o", "RSA 147-B": "/laws/147-b", "RSA 530": "/laws/530", "RSA 35-A:29": "/laws/35-a#s29", "RSA 35-A": "/laws/35-a", "RSA 149-M:34": "/laws/149-m#s34", "RSA\n149-M:34": "/laws/149-m#s34", "RSA 175:1": "/laws/175#s1", "RSA 149-M:39": "/laws/149-m#s39", "RSA 149-M:35": "/laws/149-m#s35", "RSA 149-M:36": "/laws/149-m#s36", "RSA 149-M:38": "/laws/149-m#s38", "RSA 149-M:43": "/laws/149-m#s43", "RSA\n149-M:43": "/laws/149-m#s43", "RSA 149-M:49": "/laws/149-m#s49", "RSA 4-C:1": "/laws/4-c", "RSA 149-M:13-a": "/laws/149-m", "RSA 33:6-d": "/laws/33#s6-d", "RSA\n149-M": "/laws/149-m", "RSA 53-B:2": "/laws/53-b#s2", "RSA 149-M:1": "/laws/149-m#s1", "RSA 149-M:4": "/laws/149-m#s4", "RSA 53-B:3": "/laws/53-b#s3", "RSA 53-B:7": "/laws/53-b#s7", "RSA 149-M:18": "/laws/149-m#s18", "RSA 375-B:3-a": "/laws/375-b", "RSA\n149-M:4": "/laws/149-m#s4", "RSA 375-B:5": "/laws/375-b", "RSA 375-B:7": "/laws/375-b", "RSA 375-B:2": "/laws/375-b", "RSA 375-B:1": "/laws/375-b", "RSA 483:9": "/laws/483#s9", "RSA 483:9-a": "/laws/483#s9-a", "RSA 483:9-aa": "/laws/483#s9-aa", "RSA 483:9-b": "/laws/483#s9-b", "RSA 483-B:9": "/laws/483-b#s9", "RSA 149-M:13": "/laws/149-m#s13", "RSA 206:34": "/laws/206#s34", "RSA 262:44": "/laws/262#s44", "RSA 270:11-a": "/laws/270#s11-a", "RSA 570-A:2": "/laws/570-a#s2", "RSA 147-A:2": "/laws/147-a#s2", "RSA\n149-M:29": "/laws/149-m#s29", "RSA 149-M:21": "/laws/149-m#s21", "RSA 149-M:27-30": "/laws/149-m"}, "amends": {"RSA 4-C:1": "/laws/4-c", "RSA 21-O:1-a": "/laws/21-o#s1-a", "RSA 33:6-d": "/laws/33#s6-d", "RSA 53-B:2": "/laws/53-b#s2", "RSA 53-B:3": "/laws/53-b#s3", "RSA 53-B:7": "/laws/53-b#s7", "RSA 261:153": "/laws/261#s153", "RSA 375-B:3-a": "/laws/375-b", "RSA 375-B:5": "/laws/375-b", "RSA 375-B:7": "/laws/375-b", "RSA 483:9": "/laws/483#s9", "RSA 483:9-a": "/laws/483#s9-a", "RSA 483:9-aa": "/laws/483#s9-aa", "RSA 483:9-b": "/laws/483#s9-b", "RSA 483-B:9": "/laws/483-b#s9", "RSA 502-A:19-b": "/laws/502-a#s19-b", "RSA 570-A:2": "/laws/570-a#s2", "RSA 149-M:2": "/laws/149-m#s2", "RSA 149-M:4": "/laws/149-m#s4", "RSA 149-M:15": "/laws/149-m#s15", "RSA 149-M:21": "/laws/149-m#s21", "RSA 149-M:24": "/laws/149-m#s24", "RSA 149-M:27-30": "/laws/149-m", "RSA 149-M": "/laws/149-m", "RSA 21-O:9": "/laws/21-o#s9"}, "changed": ["21-O:1-a", "21-O:9", "33:6-d", "53-B:2", "53-B:3", "53-B:7", "149-M:1", "149-M:2", "149-M:3", "149-M:4", "149-M:5", "149-M:6", "149-M:7", "149-M:8", "149-M:9", "149-M:10", "149-M:11", "149-M:12", "149-M:13", "149-M:14", "149-M:15", "149-M:16", "149-M:17", "149-M:18", "149-M:19", "149-M:20", "149-M:21", "149-M:22", "149-M:23", "149-M:24", "149-M:25", "149-M:26", "149-M:27", "149-M:28", "149-M:29", "149-M:30", "149-M:31", "149-M:32", "149-M:33", "149-M:34", "149-M:35", "149-M:36", "149-M:37", "149-M:38", "149-M:39", "149-M:40", "149-M:41", "149-M:42", "149-M:43", "149-M:44", "149-M:45", "149-M:46", "149-M:47", "149-M:48", "149-M:49", "149-M:50", "261:153", "483:9", "483:9-a", "483:9-aa", "483:9-b", "483-B:9", "502-A:19-b", "570-A:2"]}