Revision: Jan. 1, 2008, midnight
CHAPTER 286
HB 1332-LOCAL – FINAL VERSION
05Mar2008… 0754h
04Jun2008… 1950eba
2008 SESSION
08/09
HOUSE BILL 1332-LOCAL
AN ACT defining “hauler” of solid waste and requiring haulers to register with the department of environmental services, and relative to the weight and measurement of solid waste.
SPONSORS: Rep. Hamm, Merr 4; Rep. McLeod, Graf 2; Rep. Drisko, Hills 5; Rep. Tupper, Merr 6; Rep. Owen, Merr 4
COMMITTEE: Environment and Agriculture
This bill:
I. Defines “hauler” of solid waste.
II. Requires haulers to register with the department of environmental services.
III. Allows the commissioner of agriculture, markets, and food to make rules regarding the exemption of solid waste from inspection requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0754h
04Jun2008… 1950eba
08-2555
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT defining “hauler” of solid waste and requiring haulers to register with the department of environmental services, and relative to the weight and measurement of solid waste.
Be it Enacted by the Senate and House of Representatives in General Court convened:
286:1 New Section; Hauler Registration. Amend RSA 149-M by inserting after section 29 the following new section:
149-M:29-a Hauler Registration.
I. Haulers shall register to do business in New Hampshire with the department, at no cost to the hauler. Each hauler shall report by March 31 of each year to the department, on forms provided by the department, the following information relative to the prior calendar year:
(a) Quantities of solid waste, including recyclables, collected in the state;
(b) The municipalities from which the solid waste was collected; and
(c) The disposal point or recycling facility to which the solid waste was delivered.
II. Quantities shall be stated in tons by type of material, from actual scale weights or from estimates stated in cubic yards using conversion factors supplied by the department.
III. For purposes of this section, “hauler” shall mean a person engaged for profit in the collection, transportation, or delivery of solid waste, including recyclable materials, collected from New Hampshire residential, municipal, industrial, or commercial sources for disposal or recycling.
286:2 Rulemaking; Exemption from Inspection Requirements. Amend RSA 438:8, I(c) to read as follows:
(c) Exemptions from the inspection requirements of RSA 438:14 with respect to weights and measures of such character or size that such inspection would be inappropriate, impracticable, or damaging, to the apparatus in question or from standards listed in RSA 438:8, II and RSA 438:8, III which may cause, in the opinion of the commissioner, disproportionate cost or undue economic hardship to a public solid waste management district, as defined in RSA 53-B, a public facility, as defined in RSA 149-M:4, or transfer station, as defined in RSA 149-M:4.
286:3 New Paragraph; Rulemaking; Weighing of Solid Waste. Amend RSA 438:8 by inserting after paragraph III the following new paragraph:
III-a. In the case where solid waste, as defined in RSA 149-M:4, is weighed in a vehicle at a public facility, as defined in RSA 149-M:4, or transfer station, as defined in RSA 149-M:4, and such solid waste weighed is 200 pounds or less per load, paragraphs II and III shall not apply to such weighing devices. For the purposes of this paragraph, such solid waste weighed and collected shall be received only from a person resident in the town or municipality of which that public facility or public transfer station is a part. Such solid waste shall be assessed for 100 percent of the total net weight but such assessment shall not be for less than the minimum amount levied.
286:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 27, 2008
Effective Date: August 26, 2008