HB494 (2019) Detail

Relative to removal or containment of contaminants from the Coakley Landfill.


CHAPTER 328

HB 494 - FINAL VERSION

 

05/30/2019   2334s

27Jun2019... 2615-CofC

27Jun2019... 2664-EBA

2019 SESSION

19-0534

08/03

 

HOUSE BILL 494

 

AN ACT relative to removal or containment of contaminants from the Coakley Landfill.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Edgar, Rock. 21; Rep. Loughman, Rock. 21; Rep. Bushway, Rock. 21; Rep. Janvrin, Rock. 37; Rep. Le, Rock. 31; Rep. Malloy, Rock. 23; Rep. Grote, Rock. 24; Rep. Altschiller, Rock. 19; Rep. Meuse, Rock. 29; Sen. Sherman, Dist 24

 

COMMITTEE: Environment and Agriculture

 

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AMENDED ANALYSIS

 

This bill directs the department of environmental services to pursue a remedy regarding the substantial reduction of certain contaminants from the Coakley Landfill.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/30/2019   2334s

27Jun2019... 2615-CofC

27Jun2019... 2664-EBA 19-0534

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to removal or containment of contaminants from the Coakley Landfill.

 

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

 

328:1  Findings.  The general court finds that:

I.  On July 7, 2017 the department of environmental services issued correspondence stating the following:

"First, and in the near term, the department of environmental services believes that signage to alert the public to the presence of contaminants in the adjacent wetlands, seasonally flooded railroad bed, and the uppermost reach of Berrys Brook is appropriate.  We have discussed this issue with the Environmental Protection Agency (EPA) and are working with them to determine how to best accomplish this.

"Second, with regard to the expressed concerns about potential impacts to fish in Berrys Brook, the department of environmental services believes that additional work needs to be completed, in concert with the department of fish and game, to determine whether the surface water quality in the lower reaches of the brook poses any risk to recreational anglers who catch and consume the stocked brown trout or other species from the brook.  Since early May, the department of environmental services has been engaged with EPA on this topic.  The department of fish and game is currently working to address a number of relevant questions developed by EPA about the fisheries.  Once that information is received, we will work with EPA and the department of fish and game to determine how best to address this question.

"Third, the department of environmental services believes that actions need to be implemented at the site to provide additional removal or containment of the contamination, in order to mitigate these surface water quality impacts.  In the long run, this will be the most reliable way to limit exposure to site contaminants via the surface water pathway."

II.  In correspondence to the Coakley Landfill Group (CLG) dated October 5, 2018 the department of environmental services stated "The enclosed laboratory report confirms that the concentration exceeds the recently revised Ambient Groundwater Quality Standard (AGQS) of 0.32 ppb."  Consistent with the guidelines stated in department's letter dated September 14, 2018, the CLG shall immediately provide bottled water to the residence at 368 Breakfast Hill Road and, within 30 days of this letter, provide recommendations for corrective action."

III.  In correspondence to the Coakley Landfill Group dated November 1, 2018 the department of environmental services stated "The enclosed laboratory report confirms that the concentration of 1,4-dioxane exceeds the recently revised Ambient Groundwater Quality Standard (AGQS) of 0.32 ppb.  Consistent with the guidelines stated in the NHDES letter dated September 14, 2018, the CLG shall immediately take steps to provide bottled water and/or treatment to the Golf Course Clubhouse at 339 Breakfast Hill Road and, within 30 days of this letter, provide recommendations for corrective action."

328:2  Remedy.

I.  The general court concurs with the New Hampshire department of environmental services that the migration of contaminants from the site groundwater at the Coakley Landfill superfund site to the headwaters of Berry's Brook is unacceptable and that actions need to be implemented to provide additional removal or containment of the contamination in the surface water bodies that flow through all seacoast towns, including but not limited to Hampton, North Hampton, Rye, Greenland, and Portsmouth, and to public and private drinking water in the towns of Hampton, North Hampton, Rye, and Greenland.

II.  Therefore, by November 1, 2019, the department of environmental services, working with the Coakley Landfill Group and the Environmental Protection Agency (EPA), shall propose, under the applicable consent decree involving the Coakley Landfill superfund site, an appropriate remedy including a design solution, its associated costs, and a reasonable timetable for implementing the proposed remedy, to ensure the substantial reduction of the contaminants entering Berry's Brook from the Coakley Landfill superfund site.

III.  By January 1, 2020, there shall be a written agreement among the appropriate parties, which may include without limitation the department of environmental services, the Coakley Landfill Group, and the EPA, as to an acceptable remedy, which shall include funding and an implementation schedule.

IV.  The implementation of the remedy shall commence no later than September 1, 2020.

V.  If any of the above deadlines are not met, the office of the attorney general shall seek such a remedy through any means appropriate, consistent with the consent decree.

328:3  Severability.  If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

 

328:4  Effective Date.  This act shall take effect upon its passage.

 

Approved: August 16, 2019

Effective Date: August 16, 2019

Links

HB494 at GenCourtMobile
HB494 Discussion

Action Dates

Date Body Type
Feb. 26, 2019 House Hearing
March 5, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote
April 16, 2019 Senate Hearing
May 30, 2019 Senate Floor Vote
June 27, 2019 Senate Floor Vote
June 27, 2019 Senate Floor Vote
June 27, 2019 House Floor Vote

Bill Text Revisions

HB494 Revision: 6703 Date: Dec. 4, 2019, 9:38 a.m.
HB494 Revision: 6450 Date: July 12, 2019, 2:09 p.m.
HB494 Revision: 6133 Date: May 30, 2019, 5:46 p.m.
HB494 Revision: 4768 Date: Jan. 15, 2019, 9:37 a.m.

Docket


Aug. 16, 2019: Signed by Governor Sununu 08/16/2019; Chapter 328; Eff: 08/16/2019


June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 59


June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21


June 27, 2019: Enrolled Bill Amendment # 2019-2664e: AA VV 06/27/2019 HJ 20 P. 56


June 27, 2019: Enrolled Bill Amendment # 2019-2664e Adopted, VV, (In recess of 06/27/2019); SJ 21


June 27, 2019: Conference Committee Report 2615c: Adopted, VV 06/27/2019 HJ 20 P. 32


June 27, 2019: Conference Committee Report # 2019-2615c, Adopted, VV; 06/27/2019; SJ 21


June 27, 2019: Conference Committee Report Filed, # 2019-2615c; 06/27/2019


June 19, 2019: Conference Committee Meeting: 06/19/2019 01:30 pm LOB 303


June 6, 2019: President Appoints: Senators Fuller Clark, Sherman, Giuda; (In Recess 06/06/2019); SJ 20


June 6, 2019: Sen. Fuller Clark Accedes to House Request for Committee of Conference, MA, VV; (In recess 06/06/2019); SJ 20


June 6, 2019: Speaker Appoints: Reps. Bixby, Beaulieu, Andrew Bouldin, Cushing 06/06/2019 HJ 18 P. 41


June 6, 2019: House Non-Concurs with Senate Amendment 2334s and Requests CofC (Rep. Gourgue): MA VV 06/06/2019 HJ 18 P. 41


May 30, 2019: Ought to Pass with Amendment 2019-2334s, MA, VV; OT3rdg; 05/30/2019; SJ 18


May 30, 2019: Committee Amendment # 2019-2334s, AA, VV; 05/30/2019; SJ 18


May 30, 2019: Committee Report: Ought to Pass with Amendment # 2019-2334s, 05/30/2019; SC 24A


April 16, 2019: Hearing: 04/16/2019, Room 103, SH, 10:30 am; SC 18


March 28, 2019: Introduced 03/28/2019 and Referred to Energy and Natural Resources; SJ 12


March 19, 2019: Ought to Pass: MA RC 231-97 03/19/2019 HJ 10 P. 107


March 19, 2019: Lay on Table (Rep. Spang): MF RC 123-206 03/19/2019 HJ 10 P. 107


March 19, 2019: Amendment # 2019-0732h: AF DV 107-203 03/19/2019 HJ 10 P. 107


: Minority Committee Report: Inexpedient to Legislate


March 19, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-0732h for 03/19/2019 (Vote 11-9; RC) HC 16 P. 25


: Majority Committee Report: Ought to Pass with Amendment # 2019-0732h (Vote 11-9; RC)


March 5, 2019: Executive Session: 03/05/2019 10:30 am LOB 303


Feb. 26, 2019: Public Hearing: 02/26/2019 10:00 am LOB 203


Jan. 3, 2019: Introduced 01/03/2019 and referred to Environment and Agriculture HJ 3 P. 17