Revision: May 5, 2022, 10:30 a.m.
Sen. Bradley, Dist 3
Sen. Avard, Dist 12
Sen. Watters, Dist 4
Sen. Perkins Kwoka, Dist 21
May 4, 2022
2022-1962s
08/04
Floor Amendment to HB 1454-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Statement of Purpose. The protection of perennial rivers, lakes, and coastal waters from contamination is in the public interest of the state of New Hampshire. Therefore, the setback from a landfill cell to such a water body should be sufficient to prevent groundwater contaminated by a spill or release of leachate from reaching the water body before remedial action can be implemented.
2 Findings. The general court finds:
I. The current rules of the department of environmental services require a “thorough hydrogeological investigation” of any proposed landfill site so that “[t]he potential release of contaminants to surface waters can be prevented, attenuated or otherwise remediated.” Env-Sw804.03(c)(3). The rules also require a minimum 200-foot setback between the proposed landfill cell’s footprint and any perennial surface water body. Env-Sw 804.03(d).
II. Although it is a minimum distance, the 200-foot setback has the potential to provide an insufficient level of protection to perennial surface water depending on the conditions in the subsurface between the proposed landfill cell footprint and the surface water.
III. Rather than rely on a prescribed distance as a standard for a setback, it is more protective of the environment to adopt rules that explicitly create a site-specific setback based on conditions at the site and hydrogeological principles.
IV. The department’s rules have proven effective in preventing releases of contaminants from the state’s lined landfills to groundwater, but the general court urges the department to ensure, on a periodic basis, that its design standards for landfills include the best available and practicable control technology for the prevention of such releases to groundwater.
3 New Paragraph; Rulemaking; Surface Water Setback. Amend RSA 149-M:7 by inserting after paragraph III the following new paragraph:
III-a. Criteria for the setback of a landfill cell from perennial surface water bodies to prevent, attenuate, or otherwise remediate the potential release of contaminants to each such surface water body from the landfill cell. Any rules adopted by the department under this paragraph shall, in addition to any other factors the department deems necessary for the rules to provide adequate protection of perennial surface water, take into account the following with respect to the subsurface conditions between the proposed landfill cell and the surface water body:
(a) The soil stratigraphy and permeability, including representative measurements of hydraulic conductivity;
(b) The volume, gradients, and travel time of groundwater, including the means by which to measure or model representative travel time;
(c) Bedrock lithology and structure, including the nature, degree and continuity of fracturing; and
(d) Potential attenuation of contaminants, including dilution.
4 New Paragraph; Site-Specific Setback to Surface Water. Amend RSA 149-M:9 by inserting after paragraph XIV the following new paragraph:
XV. In formulating a site-specific setback to surface water under rules adopted pursuant to RSA 149-M:7, III-a, the department:
(a) Shall take into account the effectiveness of its landfill design, construction, operating, and release-detection standards in preventing releases of contaminants to groundwater together with any other measures proposed by the applicant to protect surface water;
(b) Shall determine the length of time it would take for the detection and remediation of a release of contaminants from the landfill cell to groundwater before it reaches the nearest downgradient perennial surface water body and incorporate a margin of safety of one and one-half of that period of time into the site-specific setback; and
(c) May give the applicant the option to implement one or more measures designed to prevent or mitigate surface water contamination by groundwater as a means to reduce the site-specific setback.
5 Effective Date. This act shall take effect upon its passage.
2022-1962s
AMENDED ANALYSIS
This bill establishes a formula for determining the distance for which a new landfill shall be located from a perennial river, lake, or coastal water. The bill also requires the department of environmental services to adopt rules relating to site-specific setback requirements for landfills from perennial surface water bodies.