Bill Details - HB494 (2019)

HB 494 - AS INTRODUCED

 

 

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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ANALYSIS

 

This bill directs the department of environmental services to pursue a remedy regarding the removal or containment 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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:

 

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 the game 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."

2  Imminent Hazard Declared.  The general court finds that an imminent hazard exists under RSA 147-A relating to the Coakley Landfill Superfund site due to substantiated and real threats to public and private drinking water in the towns of Hampton, North Hampton, Rye, and Greenland, and the surface water bodies that flow through all seacoast towns, including but not limited to:  Hampton, North Hampton, Rye, Greenland, and Portsmouth.

3  Remedy.  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 to the headwaters of Berry's Brook are unacceptable and that actions need to be implemented to provide additional removal or containment of the contamination.  Therefore, within 30 days of the effective date of this act, the department of environmental services shall pursue, under the applicable consent decree involving the Coakley Landfill, a remedy to provide additional removal or containment of the contaminants entering Berry's Brook from the Coakley Landfill.  Within 60 days of the effective date of this section, if there is no written agreement on or federal enforcement of an actual remedy, the department of environmental services shall file a petition for such a remedy through the available administrative or legal process with the highest likelihood of success for New Hampshire.

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

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Environment and Agriculture HJ 3 P. 17
Feb. 26, 2019 Public Hearing: 02/26/2019 10:00 am LOB 203
March 5, 2019 Executive Session: 03/05/2019 10:30 am LOB 303
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)
Minority Committee Report: Inexpedient to Legislate
March 19, 2019 Amendment # 2019-0732h: AF DV 107-203 03/19/2019
March 19, 2019 Lay on Table (Rep. Spang): MF RC 123-206 03/19/2019
March 19, 2019 Ought to Pass: MA RC 230-98 03/19/2019

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

Bill Text Revisions

HB494 Revision: 4768 Date: Jan. 15, 2019, 9:37 a.m.