Bill Text: NH HB1454 | 2022 | Regular Session | Amended
Bill Title: Relative to permits for the siting of new landfills.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Vetoed) 2022-06-29 - Vetoed by Governor Sununu 06/24/2022 House Journal 14 [HB1454 Detail]
Download: New_Hampshire-2022-HB1454-Amended.html
HB 1454-FN - AS AMENDED BY THE HOUSE
16Mar2022... 0894h
2022 SESSION
22-2237
08/11
HOUSE BILL 1454-FN
AN ACT relative to permits for the siting of new landfills.
SPONSORS: Rep. Tucker, Coos 5; Rep. Thompson, Coos 1; Rep. Massimilla, Graf. 1; Rep. Egan, Graf. 2; Rep. Hatch, Coos 6; Rep. Merner, Coos 7; Rep. Laflamme, Coos 3; Rep. Myler, Merr. 10; Rep. Deshaies, Carr. 6; Sen. Hennessey, Dist 1; Sen. Sherman, Dist 24
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill establishes a formula for determining the distance for which a new landfill shall be located from a perennial river, lake, or coastal water.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2022... 0894h 22-2237
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to permits for the siting of new landfills.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. The protection of perennial rivers, lakes, and coastal waters from contamination is in the public interest of the state of New Hampshire. Therefore, the setback from a proposed landfill to such a water body should be sufficient to prevent groundwater contaminated by a leak, spill, or other failure from reaching the waterbody before remedial action can be implemented. A period of 5 years should be sufficient to detect and map a failure, assess appropriate remediation, meet engineering and regulatory requirements, and initiate the remedy.
2 New Paragraph; Landfill Permits; Groundwater Protection. Amend RSA 149-M:9 by inserting after paragraph XIV the following new paragraph:
XV.(a) The department shall establish a site-specific setback distance for any proposed new landfill from any perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI. The setback distance shall be sufficient to prevent any contaminated groundwater at any part of the actual solid waste disposal area from reaching any perennial river, lake, or coastal water of New Hampshire within 5 years. The setback distance shall be calculated as follows:
(1) The applicant shall hire an independent hydrogeologist at the applicant's expense, to estimate based upon adequate and representative on-site field testing, the seepage velocity of groundwater in both overburden/till and in bedrock. The maximum seepage velocity shall be the highest rate estimated for any test site in the disposal area.
(2) The 5-year distance-of-travel estimate shall be calculated by multiplying the maximum seepage velocity by 5.
(3) The setback from any perennial river, lake, or coastal water of New Hampshire shall be the greater of the 5-year distance-of-travel estimate calculated in subparagraph (2) or 200 feet.
(b) No permit shall be issued by any division of the department for siting a new landfill that fails to conform with the setback distance as calculated using the method set forth in subparagraph (a).
(c) Nothing in this paragraph shall be construed to prohibit the expansion of any landfills that are in operation at the time this paragraph takes effect.
3 Effective Date. This act shall take effect upon its passage.
22-2237
11/17/21
HB 1454-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to permits for the siting of new landfills.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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LOCAL: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill would require new landfills to be sited a certain minimum distance from any perennial river, lake, or coastal water of New Hampshire. The Department of Environmental Services makes the following assumptions regarding this bill:
- It would apply to landfills permitted after the effective date of the bill, and not to expansions of existing landfills.
- The “operator” identified in subparagraph (c) is referring to the person responsible for implementing and complying with the groundwater monitoring permit requirements of RSA 485-C.
- The subparagraph (a) “sufficiently close” distance is that distance identified in subparagraph (b) of five times X or 200 feet, whichever is greater.
- The groundwater monitoring network discussed in subparagraph (c) may be located within the five times X or 200-foot, whichever is greater, disposal area setback distance.
- The setback distance is from all “public waters” as defined in RSA 483-B:4, XVI.
The Department states it would need to integrate the bill requirements into the solid waste facility permitting application and review process as well as the groundwater permitting application and review process, including revising relevant NH Code of Administrative Rules and application forms. While they state that additional staff is not needed, it is expected more staff time would be required to complete reviews and compliance assessments, which may result in an increase in state expenditures.
To the extent that a local government elects to own and operate a new landfill, the Department assumes the local government’s proposed landfill would be subject to the bill and the cost to permit and operate such a landfill would increase. Furthermore, a host municipality receives revenue from an operating landfill and such revenue may decrease due to increased permitting and operating costs, and/or due to any stoppage of landfilling activities resulting from a detection of groundwater impacts and associated investigation and remediation requirements.
AGENCIES CONTACTED:
Department of Environmental Services
