SB 346-FN – AS AMENDED BY THE SENATE
02/23/06 1192s
2006 SESSION
06/10
SENATE BILL 346-FN
AN ACT relative to septage management activities.
SPONSORS: Sen. Fuller Clark, Dist 24; Rep. Phinizy, Sull 5; Rep. Harvey, Hills 21; Rep. Keans, Straf 1; Rep. Powers, Rock 16
COMMITTEE: Public and Municipal Affairs
This bill establishes:
I. New procedures for and exceptions to the permit process for land application of biosolids.
II. New standards and procedures for permits for septage management facilities, including innovative/alternative septage treatment systems.
III. Certain setback requirements.
IV. A waiver of certain septage facility permit fees for complying municipalities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/06 1192s
06-2903
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to septage management activities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definitions; Land Application Added. Amend RSA 485-A:2 by inserting after paragraph VI the following new paragraph:
VI-a. “Land application” means the placement of septage, biosolids, short paper fiber, or exceptional quality solids or filtrate on the ground surface at agronomic rates for beneficial use.
2 New Paragraphs; Definitions; Class A Biosolids Added. Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraphs:
XXIV. “Class A biosolids” means any sludge derived from a sewage wastewater treatment facility which is Class A with respect to pathogens and meets one of the vector attraction reduction requirements of 40 C.F.R. part 503 and the standards for beneficial reuse specified by the department.
XXV. “Exceptional quality” means a designation of solids or filtrate derived from septage which indicates the solids or filtrate is Class A with respect to one of the pathogen reduction requirements and one of the vector attraction reduction requirements of 40 C.F.R. part 503 and meets the standards for beneficial reuse specified by the department.
3 Septage or Biosolids Spreading. RSA 485-A:5-c is repealed and reenacted to read as follows:
485-A:5-c Notice of Septage or Sludge Spreading.
I. No person shall spread or apply to the land septage or biosolids, as defined in RSA 485-A:2, before the permittee has had published a boxed notice in a newspaper of local circulation of the proposed activity to be conducted. At a minimum the notice shall include the type of activity to be conducted, the intended date of the first spreading of septage or biosolids, and the proposed location. Each year such notice shall be published at least twice within 30 days prior to the intended date of the first spreading.
II. The notice shall include the names, addresses, and telephone numbers of the following:
(a) The applicant, if applicable.
(b) The generator of the septage or biosolids, if applicable.
(c) The person responsible for managing the activities on-site, if different from the applicant under subparagraph (a).
(d) The landowner, if not given under subparagraph (a) or (c).
III. A copy of such notice shall be posted continually on the entrances to the site beginning 3 days prior to the application and ending 3 days after the application.
IV. Site permits for land application of septage shall be issued for 10 years.
V. The provisions of this section shall not apply to Class A biosolids, exceptional quality solids, or filtrate.
4 New Subdivision; Septage Management. Amend RSA 485-A by inserting after section 57 the following new subdivision:
485-A:58 Permit Applications for Septage Facilities and Innovative/Alternative Septage Treatment Systems; Hearing Required.
I. Before the department may issue any permit to operate a septage facility or for septage management activities using innovative/alternative technology for the processing, treatment, removal, or disposal of septage or land application of septage, it shall hold a public hearing on the permit application at least 30 days before it may issue the permit. All abutters and the municipality where the proposed activity is to occur shall be notified by letter by the permittee of the proposed activity to be conducted. At a minimum, the letter shall include the location, time, and date of the hearing, the type of activity to be conducted, and the proposed location of the site or facility for which the permit is sought. The hearing shall be held in the municipality in which the activity is proposed to occur.
II. The department shall publish notice of the hearing in a newspaper of local circulation and a newspaper of statewide circulation, no less than 30 days prior to the hearing date. At a minimum, the notice shall include the location, time, and date of the hearing, the type of activity to be conducted and the proposed location of the site or facility for which the permit is sought.
III. A facility permit issued by the department shall expire 10 years from the date on which it was issued.
IV. The provisions of this section shall not apply to the issuance of any septic hauler permits.
V. The provisions of this section shall not apply to Class A biosolids, exceptional quality solids, or filtrate.
485-A:59 Requests for Waivers.
I. Any person may request a waiver for septage facilities from the provisions and standards established in rules adopted under RSA 541-A.
(a) A request for a waiver for septage facilities shall be submitted in writing to the department of environmental services, and a copy of the waiver request shall be sent to the abutters of the facility and the municipality in which the facility is located.
(b) A request for a waiver shall include:
(1) The name, mailing address, and daytime telephone number of the person requesting the waiver;
(2) The location of the property to which the waiver request relates, and its site or facility permit number, if applicable;
(3) A specific reference to the provisions in this section for which the waiver is being sought and an explanation why the waiver is necessary;
(4) An explanation of the alternatives that will be implemented if a waiver is granted, if any, with supporting data; and
(5) A full explanation of how granting the waiver would provide an equivalent level of protection of public health and safety and the environment.
II. The department shall approve a request for a waiver if it determines that:
(a) The alternatives proposed are at least equivalent to the provisions and standards in rules adopted under RSA 541-A; and
(b) Granting the waiver will not endanger public health and safety or the environment.
485-A:60 Permit; Proof of Financial Responsibility. The department shall not issue a permit for a septage facility, an innovative/alternative septage treatment system or facility, or a research and development septage treatment project, unless the facility or project meets the terms and conditions required in rules adopted by the commissioner. These terms and conditions include, but are not limited to, monitoring, contingency plans, closure, and an approved financial assurance plan to guarantee cost of facility closure.
485-A:61 Training Required; Innovative/Alternative Applications. The department shall not issue a permit to operate an innovative or alternative application facility or site until the applicant has provided proof that he or she has completed training that meets industry standards for operating the type of innovative or alternative facility or site for which the applicant is seeking a permit.
485-A:62 Applicability. All facilities that process, treat, or dispose of septage and sites on which septage is land applied including those that were in operation prior to October 1, 2005 shall comply with this subdivision and any rules adopted pursuant to this subdivision. “Facilities” include, but are not limited to, lagoons, septage treatment facilities, innovative or alternative waste treatment, and research and development facilities.
5 Penalty. Amend RSA 485-A:22, I-III to read as follows:
I. Any person who willfully or negligently violates any provision of this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62; or any rule of the department adopted pursuant to this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or any condition or limitation in a permit issued under this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62; or who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document required to be filed or maintained pursuant to this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or pursuant to a rule adopted by the department under this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62, or who knowingly makes any such statement, representation, or certification in connection with any permit issued under this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62; or who knowingly renders inaccurate, falsifies, or tampers with any monitoring device or method required under this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or rule of the department adopted under this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or required in connection with any permit issued under this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62; or who knowingly fails, neglects, or refuses to obey any lawful order of the department, shall, notwithstanding the provisions of RSA title LXII, be punished by a fine of not more than $25,000 for each day of such violation or imprisoned for not more than 6 months or both.
II. Any person who shall violate any provisions of this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or any lawful regulation of the department issued pursuant to this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or any condition or limitation in a permit issued under this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62, or who shall fail, neglect, or refuse to obey any order lawfully issued pursuant to this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62 shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
III. The department shall issue a written cease and desist order against any discharge or act in violation of this subdivision [or], RSA 485-A:4-6, RSA 485-A:58-62, or lawful regulation of the department made under them or any condition of any permit lawfully issued by the department, and any such discharge or act may be enjoined by the superior court upon application of the attorney general, whether the court is in term time or vacation. Municipalities shall comply with such orders pursuant to RSA 38:25.
6 Penalty; Administrative Fine. Amend RSA 485-A:22, V to read as follows:
V. The commissioner of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62, any rule adopted under this subdivision [or], RSA 485-A:4-6, or RSA 485-A:58-62, or any permit issued under the authority of this subdivision [or], RSA 485-A:4-6 or RSA 485-A:58-62. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter, rules adopted under this chapter, and permits issued under this chapter, as provided above.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
7 State Guarantee; Innovative or Alternative Septage Facilities and Sites Added. Amend RSA 485-A:7 to read as follows:
485-A:7 State Guarantee. In view of the general public benefits resulting from the elimination of pollution from the public waters of the state, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at no time in excess of the total aggregate sum for the entire state of $175,000,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any municipality, town, city, county or district for construction of sewerage systems, sewage treatment and disposal plants, innovative/alternative septage treatment facilities, or other facilities necessary, required or desirable for pollution control, and the full faith and credit of the state are pledged for any such guarantee. The outstanding amount of principal and interest on such bonds and notes, the payment of which has been guaranteed by the state under the provisions of this section, shall at no time exceed the amount of $175,000,000. The state’s guarantee shall be endorsed on such bonds or notes by the state treasurer; and all notes or bonds issued with state guarantee shall be sold at public sealed bidding to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it by action against the municipality, town, city, county or district as provided in RSA 530. Provided, further, that in accordance with RSA 35-A:29, the foregoing requirement for public sealed bidding shall not be applicable to any bonds or notes or both so guaranteed which are sold to the New Hampshire municipal bond bank, and any bonds or notes or both so guaranteed may be sold to the New Hampshire municipal bond bank at private sale in accordance with the provisions of RSA 35-A.
8 New Paragraph; Fee Waiver. Amend RSA 485-A:4, XVI-a to read as follows:
XVI-a. To regulate the removal, transportation, and disposal of septage through administration of a permit system. As a condition of any permit issued under this chapter, the department may require payment of a reasonable fee, established by rules adopted under RSA 485-A:6, X-a. Funds collected under this paragraph shall be deposited with the treasurer as unrestricted revenue. For each municipality under agreement in compliance with RSA 485-A:5-b, the department shall waive 20 percent of any septage facility permit application fee up to a total of 100 percent of the septage facility permit fee for 5 or more municipalities under agreement in compliance with RSA 485-A:5-b.
9 Effective Date. This act shall take effect July 1, 2006.
LBAO
06-2903
Amended 3/7/06
SB 346 FISCAL NOTE
AN ACT relative to septage management activities.
FISCAL IMPACT:
The Department of Environmental Services states this bill, as amended by the Senate (Amendment #2006-1192s), will increase state and local expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county expenditures.
METHODOLOGY:
The Department of Environmental Services indicates this bill will increase state expenditures by an indeterminable amount as a result of mandatory public hearings for the issuance of septage site and facility permits. The Department is unable to determine how many permit applications will be received by the Department in any given year, as well as the location of the hearings.
The Department states this bill will increase expenditures by an indeterminable amount for municipalities that engage in land application of septage or biosolids. Such municipalities will be required to annually publish two boxed notices in a local newspaper within 30 days prior to the first land application. The cost of newspaper notices will depend upon individual newspaper rates and the size of the notice. Municipal biosolids are currently spread at 55 permitted sites in the state.
The Department further states this bill will increase expenditures by an indeterminable amount for municipalities that apply for a septage facility permit and have to demonstrate financial responsibility for the cost of facility closure. Costs will vary according to the size and complexity of the proposed facility. In addition, municipalities applying for a waiver to septage facility permit requirements and have to provide notification to abutters at the time of the waiver application will incur increased costs of an indeterminable amount. These costs will depend upon the number of abutters living near a proposed site for a septage facility.