SB292 (2006) Detail

Relative to permits for combustion of certain waste.


SB 292-FN – AS INTRODUCED

2006 SESSION

06-2541

03/09

SENATE BILL 292-FN

AN ACT relative to permits for combustion of certain waste.

SPONSORS: Sen. Larsen, Dist 15; Rep. C. Hamm, Merr 4; Rep. Phinizy, Sull 5

COMMITTEE: Energy and Economic Development

ANALYSIS

This bill establishes a permit requirement for combustion of the wood component of construction and demolition debris and any waste containing lead, mercury, or benzene.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2541

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to permits for combustion of certain waste.

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

1 New Section; Combustion of Certain Waste. Amend RSA 149-M by inserting after section 9 the following new section:

149-M:9-a Combustion of Certain Waste. No person shall combust the wood component of construction and demolition debris or any waste containing any amount of lead, mercury, or benzene without a permit for the combustion issued by the department. The department shall hold a public hearing on each permit application submitted under this section. No permit may be issued sooner than 14 days after the public hearing. The department shall issue a permit under this section only if it finds that issuing such permit is in the interests of public health and safety.

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

LBAO

06-2541

12/13/05

SB 292-FN - FISCAL NOTE

AN ACT relative to permits for combustion of certain waste.

FISCAL IMPACT:

The Department of Environmental Services determined this bill will increase state expenditures by $331,520 in FY 2007 through FY 2009 and by $5,180 in FY 2010 and each year thereafter. Local expenditures may increase by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact state, county and local revenue or county expenditures.

METHODOLOGY:

The Department of Environmental Services (DES) stated this bill intends to establish a permit requirement for combustion of the wood component of construction and demolition debris and any waste containing lead, mercury, or benzene. The DES included the following assumptions in developing a fiscal impact:

• Relative to waste containing any amount of lead, mercury or benzene without a permit, the DES interprets this to mean the wood component of any waste. This interpretation limits the discussion to burning wood.

• This bill is not intended to require DES to permit “any” combustion of wood because that would include residential woodstoves and fireplaces.

• There are 40 existing private facilities to which this new requirement would apply. Those facilities would be required to cease activities and apply for a permit.

• Approximately 150 municipalities have “burn piles” to dispose of waste wood. This practice would not be allowed to continue until the permit was modified. The cost to discontinue operations up to three years while a permit is prepared can not be determined. With storage problems, private off-site disposal might be necessary.

• The number of future applications are difficult to estimate; only one new application is assumed in each year.

• Typically, a Civil Engineer IV would review this type of application.

• Depending on the circumstances of each facility, it takes staff anywhere from 2 weeks to 3 months to review permit applications and issue permits. An average of 4 weeks is assumed. Given current staffing and workload, the backlog upon passage would

LBAO

06-2541

12/13/05

• increase substantially. For purposes of this estimate, permit reviews are spread out over three years, although additional staff would be needed to adhere to this schedule.

• There would be no cost to counties unless they are operating combustion units. The DES is not aware of counties operating any such units.

The DES calculated the fiscal impact as follows;

Type New/Existing # of Applications

Municipal burn piles existing 150

Private combusters existing 40

Public/Private new 3

Total 193

193 total / 3 years = 64 permits per year

Weekly salary of Civil Engineer IV (LG 27-3) $ 899

Benefits @ 44% 396

Subtotal 1,295

Multiplied by 4 weeks per application 5,178

Multiplied by 64 applications per year $331,407