Chapter 149-R: Solid Waste Management Fund

The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste and waste diversion methods, has become a matter of great concern. The general court hereby declares that the purpose of RSA 149-R is to assist communities, businesses, and the general public with their efforts to improve solid waste reduction and diversion activities.

In this chapter:

I. "Commissioner" means the commissioner of the department of environmental services.

II. "Department" means the department of environmental services.

III. "Fund" means the solid waste management fund established under RSA 149-R:3.

IV. "Solid waste" means solid waste as defined in RSA 149-M:4, XXII.

I. There is hereby established the New Hampshire solid waste management fund to be used for the purposes of this chapter.

II. This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter. The state treasurer shall invest the moneys deposited in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund.

I. The fund shall be used to support the administration and implementation of the department's solid waste technical assistance, planning, regulatory, and permitting activities, including, but not limited to, waste reduction and diversion technical assistance, reducing the expense to municipalities of hazardous waste materials disposal and recycling, long term solid waste management planning, education and outreach efforts, and administration of payments in accordance with paragraphs II and III.

II. The fund shall be used to provide quarterly payments to New Hampshire municipalities or New Hampshire solid waste management districts established under RSA 53-B for source reduction and recycling efforts to offset payments made by the municipality or applicable solid waste management district associated with the solid waste disposal surcharge established under RSA 149-R:5, based upon the tonnage of solid waste for which the municipality or solid waste management district was financially responsible for disposal at a New Hampshire landfill, incinerator, or waste-to-energy facility. Payments to solid waste districts shall reflect only the amount of the surcharge paid for waste generated by New Hampshire municipalities within the applicable solid waste district. Administration of the payment program shall be in accordance with procedures established by rulemaking under the authority of RSA 149-R:6, IV and V. Such rulemaking shall specifically address the unique circumstances for solid waste management districts or municipalities that own and operate a facility that is subject to RSA 149-R:5, or municipalities that are part of a solid waste district that owns and operates such a facility to ensure that the costs incurred by those municipalities or solid waste management districts are offset consistent with this chapter.

III. The fund shall be used to provide matching grant funding to New Hampshire political subdivisions, private entities, and businesses for projects that will provide a demonstrated, significant improvement in waste diversion methods and contribute to a reduction of wastes, including hazardous waste materials, requiring disposal, including a regional or municipal materials recovery facility operated by a public or private entity, and other regional recycling efforts.

IV. The fund may be used to hire consultants or contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.

V. The department is authorized to solicit funds from any source, including the United States Environmental Protection Agency and other federal agencies, gifts, donations of money, grants, legislative appropriations, or any matching funds and incentives. Notwithstanding RSA 4:8 and RSA 14:30, VI, the commissioner may accept and deposit such funds directly into the solid waste management fund to be used for the purpose described in RSA 149-R:4.

I. Beginning January 1, 2026, solid waste disposed of at a New Hampshire landfill, incinerator, or waste-to-energy facility shall be subject to a surcharge at the rate of $3.50 per ton. Notwithstanding RSA 149-M:4, XXII, materials used as cover at landfills shall not be subject to the surcharge.

II. Such surcharge shall be paid by the customer of a facility that holds a permit issued pursuant to RSA 149-M for a New Hampshire landfill, incinerator, or waste-to-energy facility. This surcharge will be paid by the customer in addition to any other disposal tipping fee collected by the disposal facility, and such disposal facility shall remit the surcharge quarterly to the department on forms and with supporting documentation as provided for in rulemaking conducted pursuant to RSA 149-R:6, I, II, and III.

III. The first payment of the surcharge shall be due to the department no later than April 30, 2026, and within 30 days of each quarter's end thereafter.

IV. The department shall deposit surcharges collected under this section into the fund.

V. Failure to pay surcharges within 30 days of the date due shall result in the assessment of interest at a rate established by rule pursuant to RSA 149-R:6, VII. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the fund.

The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:

I. The time, amount, and manner of payment of solid waste disposal surcharges.

II. Required records to be kept by facility permit holders of the type and quantity of solid waste disposed.

III. Certified reports required to be submitted with surcharge payments by facility permit holders.

IV. The time, amount, and manner of payments to New Hampshire municipalities and solid waste management districts pursuant to RSA 149-R:4, II.

V. Certified reports required to be submitted by municipalities and solid waste management districts requesting payments pursuant to RSA 149-R:4, II.

VI. Administering matching grants pursuant to RSA 149-R:4, III.

VII. Establishment of the interest rate applied to late payments pursuant to RSA 149-R:5, V.

I. Any person who violates any of the provision of this chapter or any rule adopted under this chapter shall be subject to a civil penalty not to exceed $1,000 for each violation. Each day a surcharge is not paid after it is due in accordance with RSA 149-R:5, III shall be a separate violation.

II. In addition to an action to recover unpaid surcharges and interest owed, any violation of the provisions of this chapter or of any rule adopted under this chapter, may be enjoined by the superior court upon application of the attorney general.

III. The provisions of RSA 7:15-a shall not apply to the collection of unpaid surcharges, and all money collected under this section shall be deposited into the fund.

The department shall include in its biennial report required under RSA 149-M:29, II, information relative to the activities and finances of the solid waste management fund.