Chapter 147-D: Hazardous Waste Fee

In this chapter:

I. [Repealed.]

I-a. "Department" means the department of environmental services.

II. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the hazardous waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.

III. "Facility" means any location to which hazardous waste which requires a manifest under the hazardous waste management law is transported for treatment, storage or disposal.

IV. "Fee" means the fee imposed under RSA 147-D:2.

V. "Governing body" means the board of selectmen, city council or board of aldermen.

VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VI-a. [Repealed.]

VII. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

VIII. "Storage" means the containment of hazardous waste, either on a permanent basis or on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous waste.

IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

I. A town may, by bylaw, levy a fee on any hazardous waste facility located in the town.

II. The fee may not exceed $.007 per kilogram ($.003 per pound).

III. The fee shall be based on the amount of hazardous waste received by the facility for treatment, storage or disposal for the preceding quarter. The fee shall be paid within 15 days of the end of the last month in the quarter.

I. The owner of the facility shall pay all fees to the town treasurer for the use of the town.

II. With each fee payment, the owner of the facility shall submit a report on the amount of hazardous waste received and stored, treated or disposed of at the facility during the quarter for which the fee is paid. The report shall be made on a form prepared by the department.

I. If the owner of a facility stores, treats or disposes of hazardous waste but does not pay a fee required under this chapter, the governing body of the town may request the department to report to the town the amount of hazardous waste stored, treated or disposed of at the facility for any quarter.

II. The town may then notify the owner of the facility of fees due the town and shall provide documentation from the department to support the claim. The operator of the facility shall pay all fees due upon receipt of this notice.

When locating in a town, the owner of the facility shall show to the local governing body proof of insurance, including, but not limited to, environmental impairment insurance and liability insurance.

Any person shall be guilty of a misdemeanor who:

I. Does not pay a fee imposed under this chapter; or

II. Knowingly gives or causes to be given any false information in connection with any report required to be submitted to a town under this chapter.