HB722 (2006) Detail

Relative to the spreading of biosolids in certain designated areas.


HB 722 – AS AMENDED BY THE HOUSE

02Feb2006… 0270h

2005 SESSION

05-1070

08/09

HOUSE BILL 722

AN ACT relative to the spreading of biosolids in certain designated areas.

SPONSORS: Rep. Babson, Carr 3

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill regulates the spreading of biosolids, septage, and short paper fiber within river corridors designated in the Rivers Management and Protection Program.

This bill was requested by the commission to study setback requirements for land application of septage, biosolids, and short paper fibers, established by 2003, 43 as amended by 2003, 302.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02Feb2006… 0270h

05-1070

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the spreading of biosolids in certain designated areas.

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

1 Land Application of Biosolids. RSA 483:9, VI(c) is repealed and reenacted to read as follows:

(c) Any land application within the river corridor of biosolids, as defined in RSA 483:16, shall comply with the requirements of RSA 483:17.

2 Land Application of Biosolids. RSA 483:9-a, VII(b) is repealed and reenacted to read as follows:

(b) Any land application within the river corridor of biosolids, as defined in RSA 483:16, shall comply with the requirements of RSA 483:17.

3 Land Application of Biosolids. RSA 483:9-aa, VII(b) is repealed and reenacted to read as follows:

(b) Any land application within the river corridor of biosolids, as defined in RSA 483:16, shall comply with the requirements of RSA 483:17.

4 Land Application of Biosolids. RSA 483:9-b, VII(b) is repealed and reenacted to read as follows:

(b) Any land application within the river corridor of biosolids, as defined in RSA 483:16, shall comply with the requirements of RSA 483:17.

5 New Subdivision; Biosolids, Septage, Short Paper Fiber, Sludge, and Solid Waste. Amend RSA 483 by inserting after section 15 the following new subdivision:

Biosolids, Septage, Short Paper Fiber, Sludge, and Solid Waste

483:16 Definitions. In this chapter:

I. “Biosolids” mean biosolids as defined in RSA 485-A:2, XXII.

II. “Septage” means septage as defined in RSA 485-A:2, IX-a.

III. “Short paper fiber” means short paper fiber as defined in RSA 485-A:2, XXIII.

IV. “Sludge” means sludge as defined in RSA 485-A:2, XI-a.

V. “Solid waste” means solid waste as defined in RSA 149-M:4, XXII.

483:17 Land Application of Biosolids, Septage, Short Paper Fiber, Sludge, and Solid Waste.

I. Within a protected river corridor, any land application or stockpiling of biosolids, septage, short paper fiber, sludge, and solid waste shall be set back a minimum of 250 feet from the normal high water mark of the protected river.

II. Along tributaries within a protected river corridor and outside the 250-foot setback required under paragraph I:

(a)(1) If immediately incorporated into the soil, any land application of biosolids, septage, short paper fiber, sludge, and solid waste shall be set back a minimum of 75 feet from the normal high water mark of the tributary on land which has a slope less than 15 percent; or

(2) If not immediately incorporated in the soil, the application shall be set back 125 feet from the normal high water mark of the tributary on land which has a slope less than 15 percent, and shall only be applied to established forage crops.

(b) Any stockpiling of biosolids, septage, short paper fiber, sludge, and solid waste shall be set back a minimum of 250 feet from the normal high water mark of the tributary.

III. The provisions of this section shall not apply to biosolids that are sold for home gardening use in consumer packages registered as fertilizers under RSA 431:4 and that weigh 100 pounds or less.

483:18 Exception; Manure, Lime, and Wood Ash. The provisions of RSA 483:17 shall not apply to manure, lime, or wood ash, when used for agricultural purposes.

483:19 Exception; Temporary Use Authorization. The provisions of RSA 483:17 shall not apply to biosolids, septage, short paper fiber, sludge, and solid waste when applied to existing land application sites exempt under 1998, 56:6, as amended by 2003, 43:14, unless the required departmental permit issued under applicable rules is not renewed, is revoked, or is allowed to lapse.

483:20 Exception; Scientific Research. The restrictions on the land application of biosolids, septage, short paper fiber, sludge, and solid waste contained in this subdivision shall not apply to qualifying land that is used for scientific research on biosolids, septage, short paper fiber, sludge, and solid waste conducted by the university of New Hampshire and the New Hampshire department of environmental services. Any continued application of biosolids, septage, short paper fiber, sludge, and solid waste pursuant to this section shall comply with all applicable federal and state laws and any best management practices published by the university of New Hampshire cooperative extension.

6 Effective Date. This act shall take effect 60 days after its passage.