HB 371 – AS AMENDED BY THE HOUSE
HOUSE BILL 371
This bill bans the disposal of mercury-added products in solid waste landfills or transfer stations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to mercury reduction.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Mercury Disposal Ban. Amend RSA 149-M by inserting after section 57 the following new section:
149-M:58 Disposal Ban.
I. No person shall knowingly dispose of mercury-added products in solid waste landfills or transfer stations.
II. Owners and operators of solid waste landfills and transfer stations may develop programs to sort, collect, and recycle or dispose of mercury-added products in accordance with applicable laws and regulations.
III. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure the proper separation and recycling or the disposal as a hazardous waste of any discarded mercury-added product.
IV. After proper separation of mercury-added products, each person who discards that waste shall either:
(a) Set that waste in a designated area for collection by a hauler who shall deliver that waste to a facility that is legally authorized and permitted to accept that waste; or
(b) Deliver that waste to a facility that is legally authorized and permitted to accept that waste.
V. Owners and operators of solid waste transfer stations and landfill facilities shall not be found to have knowingly accepted or disposed of mercury-added products if, at a minimum, the facility has implemented any of the following mechanisms:
(a) Posting of signs at the facility providing notice of the prohibition against the disposal of mercury-added products.
(b) Written notification to, or agreements with, the facility’s customers, providing notice of the prohibition against the disposal of mercury-added products.
(c) Implementation of a procedure, approved by the department, for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and for separating out observed mercury-added products for return to the generator, recycling, or disposal as a hazardous waste.
(d) Provide customers with information about collection programs or facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.
VI. This section shall not apply to prescription drugs or any substance regulated by the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. or to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. 262 et seq.
2 Effective Date. This act shall take effect January 1, 2006.