Text to be removed highlighted in red.
1 New Section; Solid Waste Management; Limitation on Landfill Ownership. Amend RSA 149-M by inserting after section 10 the following new section:
149-M:10-a Limitation on Ownership of Landfill Facilities.
I. After the effective date of this section, no new landfill permits in the state shall be granted for facilities owned by any person other than the state of New Hampshire or a political subdivision thereof.
II. Any landfill owned by the state shall be contracted for management and operations by a private operator. Any landfill owned by a political subdivision may be contracted for management and operations by a private operator.
II-a. The contract between the state and operator of a publicly owned landfill shall address the relative liability of the parties in the event of a leak or other contamination resulting from operator mistakes or negligence.
III. Nothing in this section shall be construed to prohibit continued ownership and the expansion or modification of any landfill facilities on any site on which, as of December 1, 2023, a RCRA Subtitle D landfill exists that has been fully permitted and that is actively accepting waste. For the purposes of this section, the term "site" shall mean a single parcel or adjacent parcels, owned in its entirety by a landfill operator or its affiliates as of December 1, 2023, including a site where one or more public utility easements traverse the site; perennial water bodies traversing a footprint shall still be monitored in accordance with or exceeding United States Environmental Protection Agency regulations and guidelines.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Section; Solid Waste Management; Limitation on Landfill Ownership. Amend RSA 149-M by inserting after section 10 the following new section:
149-M:10-a Limitation on Ownership of Landfill Facilities.
I. After the effective date of this section, no new landfill permits in the state shall be granted for facilities owned by any person other than the state of New Hampshire or a political subdivision thereof.
II. Any landfill owned by the state shall be contracted for management and operations by a private operator. Any landfill owned by a political subdivision may be contracted for management and operations by a private operator.
II-a. The contract between the state and operator of a publicly owned landfill shall address the relative liability of the parties in the event of a leak or other contamination resulting from operator mistakes or negligence.
III. Nothing in this section shall be construed to prohibit continued ownership and the expansion or modification of any landfill facilities on any site on which, as of December 1, 2023, a RCRA Subtitle D landfill exists that has been fully permitted and that is actively accepting waste. For the purposes of this section, the term "site" shall mean a single parcel or adjacent parcels, owned in its entirety by a landfill operator or its affiliates as of December 1, 2023, including a site where one or more public utility easements traverse the site; perennial water bodies traversing a footprint shall still be monitored in accordance with or exceeding United States Environmental Protection Agency regulations and guidelines.
2 Effective Date. This act shall take effect 60 days after its passage.