Revision: Jan. 21, 2010, midnight
CHAPTER 98
HB 59-FN-LOCAL – FINAL VERSION
09Mar2005… 0371h
2005 SESSION
08/10
HOUSE BILL 59-FN-LOCAL
COMMITTEE: Resources, Recreation and Development
This bill clarifies a definition of access to a septage facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09Mar2005… 0371h
05-0143
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to municipal responsibility for septage disposal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
98:1 Purpose. The general court acknowledges that providing for the proper disposal of domestic septage at New Hampshire facilities is becoming increasingly difficult for septage haulers serving residents who rely on septic systems. It is clear that additional in-state disposal capacity is needed to handle existing and future septage volumes. Further, the municipal responsibility provisions of RSA 485-A:5-b do not clearly articulate what is intended by the terms “shall provide, or assure access to” a department of environmental services approved facility. This act is intended to clarify terms of compliance.
98:2 Water Pollution and Waste Disposal; Municipal Responsibility for Septage. RSA 485-A:5-b is repealed and reenacted to read as follows:
485-A:5-b Municipal Responsibility.
I. Each municipality shall either provide, or assure access to, a department of environmental services approved septage facility or a department approved alternative option for its residents.
II. For the purposes of paragraph I, “provide, or assure access to” shall mean a written agreement with a recipient facility, or department approved alternative option, indicating that the recipient facility agrees to accept septage generated in that municipality. The municipality shall consider providing sufficient annual capacity equal to the number of households with septic multiplied by the average septic tank capacity of 1,000 gallons divided by the average septage pumpout frequency of 5 years.
98:3 Report. The commissioner of the department of environmental services shall report to the legislature on the current compliance status of all municipalities under the revised terms of RSA 485-A:5-b, on November 1, 2006 and November 1 each year thereafter through 2010.
98:4 Effective Date.
I. RSA 485-A:5-b, II as inserted by section 2 of this act shall take effect January 1, 2006.
II. The remainder of this act shall take effect 60 days after its passage.
(Approved: June 15, 2005)
(Effective Date: I. RSA 485-A:5-b, II as inserted by section 2 shall take effect January 1, 2006.
II. The remainder shall take effect August 14, 2005)