CHAPTER 127
HB 427 – FINAL VERSION
21Mar2007… 0253h
07Jun2007… 1711eba
2007 SESSION
08/03
HOUSE BILL 427
AN ACT defining construction and demolition debris and certified waste-derived product, and relative to the department of environmental services certifying waste-derived products of the wood component of construction and demolition debris.
SPONSORS: Rep. Hamm, Merr 4; Rep. O'Connell, Hills 6; Rep. Butynski, Ches 4; Rep. Owen, Merr 4; Sen. Burling, Dist 5; Sen. Janeway, Dist 7; Sen. Larsen, Dist 15; Sen. Fuller Clark, Dist 24
COMMITTEE: Science, Technology and Energy
This bill:
I. Defines construction and demolition debris.
II. Defines certified waste-derived product.
III. Prohibits the department of environmental services from issuing a certification as a waste-derived product for the wood component of construction and demolition debris.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2007… 0253h
07Jun2007… 1711eba
07-0238
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT defining construction and demolition debris and certified waste-derived product, and relative to the department of environmental services certifying waste-derived products of the wood component of construction and demolition debris.
Be it Enacted by the Senate and House of Representatives in General Court convened:
127:1 Construction and Demolition Debris; Definition of Refuse. Amend RSA 149-M:4, XXI to read as follows:
XXI. “Refuse” means and includes any waste product, solid or having the character of a solid rather than a liquid in that it will not flow readily without additional liquid, and which is composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit, vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or the carcasses of animals; [brick, plaster or other waste matter resulting from the demolition, alteration, or construction of buildings or structures] construction and demolition debris; or accumulated waste material, cans, containers, tires, junk, or other such substances which may become a nuisance.
127:2 New Paragraph; Construction and Demolition Debris; Definition. Amend RSA 149-M:4 by inserting after paragraph IV the following new paragraph:
IV-a. “Construction and demolition debris” means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.
127:3 New Paragraph; Certified Waste Derived Product; Definition. Amend RSA 149-M:4 by inserting after paragraph II the following new paragraph:
II-a “Certified waste-derived product” means a constituent of solid waste which is no longer regulated as a solid waste when certified by the department to be recyclable for its original use or alternate uses and which poses no greater risk to the environment, public health, and safety than exists by producing, distributing, using, or disposing comparable products which are not waste-derived.
127:4 New Paragraph; Construction and Demolition Debris; Waste Derived Product; Prohibition. Amend RSA 149-M:9 by inserting after paragraph XIII the following new paragraph:
XIV. Notwithstanding any provision of law or rule to the contrary, the department shall not certify as a waste-derived product the wood component of construction and demolition debris, or any mixture of or derivation therefrom, to be combusted in any manner, except that methane gas collected from the decomposition of waste at a facility authorized pursuant to this chapter as a landfill for the disposal of solid waste may be certified as a waste-derived product for distribution and use as a fuel, provided that it meets market fuel standards.
127:5 Nullification of Duplicate Provision; HB 428; Definition; Construction and Demolition Debris. Section 3 of HB 428 of the 2007 regular session shall not take effect.
127:6 Effective Date. This act shall take effect upon its passage.
Approved: June 12, 2007
Effective: June 12, 2007