HB1495 (2006) Detail

Relative to setback requirements for landfills located near rivers.


HB 1495 – AS AMENDED BY THE HOUSE

22Mar2006… 1397h

2006 SESSION

06-2524

03/09

HOUSE BILL 1495

AN ACT relative to setback requirements for landfills located near rivers.

SPONSORS: Rep. Tupper, Merr 6; Rep. Dickinson, Carr 1; Rep. Babson, Carr 3; Rep. Powers, Rock 16; Sen. Hassan, Dist 23; Sen. Johnson, Dist 2

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill increases the setback requirements for landfills located near rivers, making the natural rivers protection similar to the rural river protection language.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2006… 1397h

06-2524

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to setback requirements for landfills located near rivers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Natural Rivers Protection. Amend RSA 483:9, VI(a) and (b) to read as follows:

(a) New solid waste landfills shall not be permitted within the corridor of a designated natural river or segment, or less than 100 feet from the landward extent of the 500 year flood plain, whichever distance is greater, and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact;

(b) Existing, permitted and secure solid waste landfills shall not be expanded within the 500 year floodplain of a designated natural river or segment and any expansion of such a landfill located within the corridor of a designated natural river or segment shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and screened from the river with a vegetative or other natural barrier to minimize visual impact. The provisions of this paragraph shall not apply to landfill expansions associated with landfill closures or other remedial projects;

2 Rural River Protection; Landfill Setback. Amend RSA 483:9-a, VII to read as follows:

VII. Any new solid waste storage or treatment facility, as defined in RSA 149-M:4, IX shall be set back a minimum of 250 feet from the normal high water mark of a designated rural river or segment and screened with a vegetative or other natural barrier to minimize visual impact, except:

(a) New solid waste landfills shall not be permitted within [the 500 year floodplain of a designated rural river or segment and any new solid waste landfill located within] the corridor of a designated rural river or segment [shall be set back a minimum of] or less than 100 feet from the landward extent of the 500 year floodplain whichever distance is greater and screened from the river with a vegetative or other natural barrier to minimize visual impact. The provisions of this paragraph shall not apply to landfill expansions associated with landfill closures or other remedial projects;

(b) No solid waste landfill proposed to be located within the corridor of a designated rural river or segment with a permit application that has been filed with the department by July 2, 2006, whether or not the application is deemed complete, shall be permitted within the 500 year floodplain, and if located in the corridor shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and screened from the river with a vegetative or other natural barrier to minimize visual impact.

(c) Existing, permitted, and secure solid waste landfills shall not be expanded within the 500 year flood plain of a designated rural river or segment, and any expansion of such a landfill shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact. The provisions of this paragraph shall not apply to landfill expansions associated with landfill closures or other remedial projects;

[(b)](d) Any land application within the river corridor of septage, sludge, or solid waste, as defined in RSA 149-M:4, XXII, shall be set back a minimum of 250 feet from the normal high water mark and shall be immediately incorporated into the soil. The provisions of this subparagraph shall not apply to manure, lime, or wood ash when used for agricultural purposes;

[(c)](e) An existing solid waste facility which is located within 250 feet of the normal high water mark of a designated rural river or segment may continue to operate under an existing permit provided it does not cause degradation to an area in excess of that area under permit at the time of designation; and

[(d)](f) The department may permit a resource recovery operation at an existing landfill located within 250 feet of the normal high water mark of a designated rural river or segment.

3 Effective Date. This act shall take effect upon passage.