CHAPTER 128
HB 428 – FINAL VERSION
21Mar2007… 0254h
05/10/07 1464s
2007 SESSION
08/03
HOUSE BILL 428
AN ACT prohibiting the combustion of the wood component of construction and demolition debris and defining construction and demolition debris and transfer station.
SPONSORS: Rep. Hamm, Merr 4; Rep. Knox, Carr 4; Rep. Phinizy, Sull 5; Rep. Harvey, Hills 21; Rep. Pilliod, Belk 5; Sen. Burling, Dist 5; Sen. Fuller Clark, Dist 24; Sen. Janeway, Dist 7; Sen. Larsen, Dist 15
COMMITTEE: Science, Technology and Energy
This bill:
I. Prohibits the combustion of the wood component of construction and demolition debris.
II. Defines construction and demolition debris.
III. Defines transfer station.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0254h
05/10/07 1464s
07-0239
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT prohibiting the combustion of the wood component of construction and demolition debris and defining construction and demolition debris and transfer station.
Be it Enacted by the Senate and House of Representatives in General Court convened:
128:1 New Section; Combustion Ban. Amend RSA 125-C by inserting after section 10-b the following new section:
125-C:10-c Combustion Ban. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component. This section shall not apply to the incidental combustion of such materials by any municipal waste combustor, as defined in RSA 125-M:2, XI, which was subject to regulation by this chapter or RSA 149-M and which was in operation on January 1, 2006, or by any municipal incinerator that is permitted by the department and was in operation on January 1, 2006. This section shall not apply to the incidental combustion, under the supervision of a solid waste facility operator, of untreated wood at any municipal transfer station subject to regulation under RSA 149-M.
128:2 Prospective Amendment; Combustion Ban. Amend RSA 125-C:10-c to read as follows:
125-C:10-c Combustion Ban. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component. This section shall not apply to the incidental combustion of such materials by any municipal waste combustor, as defined in RSA 125-M:2, XI, which was subject to regulation by this chapter or RSA 149-M and which was in operation on January 1, 2006, or by any municipal incinerator that is permitted by the department and was in operation on January 1, 2006. [This section shall not apply to the incidental combustion, under the supervision of a solid waste facility operator, of untreated wood at any municipal transfer station subject to regulation under RSA 149-M.]
128:3 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.
128:4 New Paragraph; Transfer Station; Definition. Amend RSA 149-M:4 by inserting after paragraph XXVII the following new paragraph:
XXVII-a. “Transfer station” means a solid waste collection, storage, and transfer facility, which collects, stores, and transfers solid waste, including non-recyclable waste.
128:5 Effective Date.
I. Section 2 of this act shall take effect January 1, 2011.
II. The remainder of this act shall take effect January 1, 2008.
Approved: June 12, 2007
Effective: I. Section 2 shall take effect January 1, 2011.
II. Remainder shall take effect January 1, 2008.