1 Statement of Purpose. The general court finds that the protection of the health and safety of New Hampshire citizens, drinking water sources, and our environmental waters, perennial rivers, lakes, and coastal waters, from contamination is in the utmost public interest of the state of New Hampshire. Therefore, the setback from a proposed landfill to such a water body should be sufficient to prevent groundwater contaminated by a leak, spill, or other failure from reaching the waterbody before remedial action can be implemented. A period of 5 years should be sufficient to detect and map a failure, assess appropriate remediation, meet engineering and regulatory requirements, and initiate the remedy.

2 New Subparagraph; Waste Management Rules. Amend RSA 149-M:7 by inserting after paragraph XV the following new paragraph:

XV-a. Relative to the safe management of solid waste. Such rules shall promote the hierarchy established under RSA 149-M:3, and shall develop and enforce siting, design, operation, and closure requirements.

3 New Paragraphs; Groundwater Protection. Amend RSA 149-M:9 by inserting after paragraph XV the following new paragraphs:

XVI. No permit shall be issued by any division of the department for the siting of a new landfill if any part of the actual solid waste disposal area is proposed to be located sufficiently close to any potable-water aquifer, perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI, such that groundwater on the landfill site would be able to reach the water body within 5 years of migrating off-site due to any leak, spill, or other failure. Nothing in this paragraph shall be construed to prohibit the expansion of any landfills that are in operation at the time this act takes effect.

XVII.(a) The department shall establish a site-specific setback distance for any proposed new landfill from any perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI. The setback distance shall be sufficient to prevent any contaminated groundwater at any part of the landfill footprint or leachate storage or piping infrastructure from reaching any perennial river, lake, or coastal water of New Hampshire within 5 years. The setback distance shall be calculated as follows:

(1) The applicant shall hire a hydrogeologist which has never worked with or been contracted through a third party with any applicant's current or previous projects, at the applicant's expense, to estimate based upon adequate and representative on-site field testing of both the landfill footprint and leachate storage or piping infrastructure, the maximum seepage velocity of groundwater in both surficial geological deposits and in bedrock. The maximum seepage velocity shall be defined as the 95th percentile upper confidence limit of the mean measured rate, using the formula recommended by the United States Environmental Protection Agency at EPA 600-R-97/006.

(2) The 5-year distance-of-travel estimate shall be calculated by multiplying the maximum seepage velocity, in units of feet per year, by 5.

(3) The setback from any perennial river, lake, or coastal water of New Hampshire

shall be the greater of the 5-year distance-of-travel estimate calculated in subparagraph (2) or 3,000 feet.

(b) No permit shall be issued by any division of the department for siting a new landfill that fails to conform with the setback distance as calculated using the method set forth in subparagraph (a).

(c) Nothing in this paragraph shall be construed to prohibit the expansion of any landfills that are in operation at the time this paragraph takes effect.

(d) In this section, "new landfill" excludes any expansion or modification of any landfill facilities on any site which, as of January 1, 2025, a RCRA Subtitle D landfill exists that has been fully permitted and is actively accepting waste.

(e) In this section, "site" means a single parcel or adjacent parcels, owned in its entirety by a landfill operator or its affiliates as of January 1, 2025, 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.

XVIII. The department shall not issue a permit for a new landfill or landfill expansion unless the applicant conducts subsurface investigations in sufficient numbers and locations to properly describe the surficial staratigraphy and the bedrock beneath and adjacent to the proposed solid waste boundary, at least to the depth of any nearby aquifers used or potentially used to provide drinking water to residents. Pump tests shall be conducted at selected locations as needed to evaluate aquifer yield and connectivity of bedrock fractures using the department's own well depth data.

XIX. All landfill facilities shall have at least one employee or contracted personnel at the site 24 hours a day, 365 days per year, beginning from the date the landfill begins accepting waste and continuing until final closure.

XX. No permit shall be granted for a landfill site within a 10-mile radius to a groundwater contamination active superfund site at the time of permit application.

XXI. No permit shall be granted for a landfill site within a 10-mile radius of an active permitted landfill facility in New Hampshire or a decommissioned landfill facility in New Hampshire at the time of permit application.

XXII. No permit shall be granted for a landfill unless undisturbed in-situ soils for 20 feet immediately beneath the footprint and underneath all leachate storage and transfer infrastructure shall have a maximum saturated hydraulic conductivity of 1 x 10 -5 centimeters per second or less. If the above in-situ soils criteria do not meet the maximum hydraulic conductivity criterion of 1 x 10^-5 cm/sec, no amount of imported soil can come such deficiency and the tract shall be deemed impermissible for use as a landfill.

XXIII. No permit shall be granted for a landfill unless the subgrade below the liner shall consist of a soil with a saturated hydraulic conductivity of 1 x 10 -5 centimeters per second or less.

XXIV. All references to number-year storm events regarding solid waste landfill permitting requirements in relation to design, maintenance, leachate management, etc. shall have the value of "200-year storm."

XXV. The department shall incorporate the "Ford Act" found at 40 C.F.R. 258 into landfill permitting requirements, specifically the provision limiting the construction or establishment of municipal solid waste landfills within 6 miles of certain smaller public airports.

XXVI. No permit for the operation of a solid waste landfill shall be issued in New Hampshire to any applicant who has been found in violation of any federal, state, or local environmental laws, regulations, or permit conditions anywhere in the United States.

(a) For the purposes of this section, a violation includes, but is not limited to, violations related to the improper handling, disposal, or management of waste; environmental contamination; non-compliance with health and safety standards; or failure to meet any legal obligations imposed by relevant regulatory authorities.

(b) The determination of violations will be based on records from federal, state, or local regulatory agencies, including enforcement actions, citations, fines, or other legal findings that indicate non-compliance with applicable laws or regulations.

(c) The prohibition on permit issuance under this section shall apply for a period of 3 years following the final resolution of any violation, or until the applicant has demonstrated full compliance with all relevant laws and regulations to the satisfaction of the permitting authority.

4 Rulemaking. The introductory paragraph of RSA 149-M:7 is repealed and reenacted to read as follows:

The commissioner shall have the responsibility and authority to adopt rules, under RSA 541-A, that are necessary to protect the public health and the environment with an ample margin of safety relative to this chapter, including rules relative to:

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

1 Statement of Purpose. The general court finds that the protection of the health and safety of New Hampshire citizens, drinking water sources, and our environmental waters, perennial rivers, lakes, and coastal waters, from contamination is in the utmost public interest of the state of New Hampshire. Therefore, the setback from a proposed landfill to such a water body should be sufficient to prevent groundwater contaminated by a leak, spill, or other failure from reaching the waterbody before remedial action can be implemented. A period of 5 years should be sufficient to detect and map a failure, assess appropriate remediation, meet engineering and regulatory requirements, and initiate the remedy.

2 New Subparagraph; Waste Management Rules. Amend RSA 149-M:7 by inserting after paragraph XV the following new paragraph:

XV-a. Relative to the safe management of solid waste. Such rules shall promote the hierarchy established under RSA 149-M:3, and shall develop and enforce siting, design, operation, and closure requirements.

3 New Paragraphs; Groundwater Protection. Amend RSA 149-M:9 by inserting after paragraph XV the following new paragraphs:

XVI. No permit shall be issued by any division of the department for the siting of a new landfill if any part of the actual solid waste disposal area is proposed to be located sufficiently close to any potable-water aquifer, perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI, such that groundwater on the landfill site would be able to reach the water body within 5 years of migrating off-site due to any leak, spill, or other failure. Nothing in this paragraph shall be construed to prohibit the expansion of any landfills that are in operation at the time this act takes effect.

XVII.(a) The department shall establish a site-specific setback distance for any proposed new landfill from any perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI. The setback distance shall be sufficient to prevent any contaminated groundwater at any part of the landfill footprint or leachate storage or piping infrastructure from reaching any perennial river, lake, or coastal water of New Hampshire within 5 years. The setback distance shall be calculated as follows:

(1) The applicant shall hire a hydrogeologist which has never worked with or been contracted through a third party with any applicant's current or previous projects, at the applicant's expense, to estimate based upon adequate and representative on-site field testing of both the landfill footprint and leachate storage or piping infrastructure, the maximum seepage velocity of groundwater in both surficial geological deposits and in bedrock. The maximum seepage velocity shall be defined as the 95th percentile upper confidence limit of the mean measured rate, using the formula recommended by the United States Environmental Protection Agency at EPA 600-R-97/006.

(2) The 5-year distance-of-travel estimate shall be calculated by multiplying the maximum seepage velocity, in units of feet per year, by 5.

(3) The setback from any perennial river, lake, or coastal water of New Hampshire

shall be the greater of the 5-year distance-of-travel estimate calculated in subparagraph (2) or 3,000 feet.

(b) No permit shall be issued by any division of the department for siting a new landfill that fails to conform with the setback distance as calculated using the method set forth in subparagraph (a).

(c) Nothing in this paragraph shall be construed to prohibit the expansion of any landfills that are in operation at the time this paragraph takes effect.

(d) In this section, "new landfill" excludes any expansion or modification of any landfill facilities on any site which, as of January 1, 2025, a RCRA Subtitle D landfill exists that has been fully permitted and is actively accepting waste.

(e) In this section, "site" means a single parcel or adjacent parcels, owned in its entirety by a landfill operator or its affiliates as of January 1, 2025, 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.

XVIII. The department shall not issue a permit for a new landfill or landfill expansion unless the applicant conducts subsurface investigations in sufficient numbers and locations to properly describe the surficial staratigraphy and the bedrock beneath and adjacent to the proposed solid waste boundary, at least to the depth of any nearby aquifers used or potentially used to provide drinking water to residents. Pump tests shall be conducted at selected locations as needed to evaluate aquifer yield and connectivity of bedrock fractures using the department's own well depth data.

XIX. All landfill facilities shall have at least one employee or contracted personnel at the site 24 hours a day, 365 days per year, beginning from the date the landfill begins accepting waste and continuing until final closure.

XX. No permit shall be granted for a landfill site within a 10-mile radius to a groundwater contamination active superfund site at the time of permit application.

XXI. No permit shall be granted for a landfill site within a 10-mile radius of an active permitted landfill facility in New Hampshire or a decommissioned landfill facility in New Hampshire at the time of permit application.

XXII. No permit shall be granted for a landfill unless undisturbed in-situ soils for 20 feet immediately beneath the footprint and underneath all leachate storage and transfer infrastructure shall have a maximum saturated hydraulic conductivity of 1 x 10 -5 centimeters per second or less. If the above in-situ soils criteria do not meet the maximum hydraulic conductivity criterion of 1 x 10^-5 cm/sec, no amount of imported soil can come such deficiency and the tract shall be deemed impermissible for use as a landfill.

XXIII. No permit shall be granted for a landfill unless the subgrade below the liner shall consist of a soil with a saturated hydraulic conductivity of 1 x 10 -5 centimeters per second or less.

XXIV. All references to number-year storm events regarding solid waste landfill permitting requirements in relation to design, maintenance, leachate management, etc. shall have the value of "200-year storm."

XXV. The department shall incorporate the "Ford Act" found at 40 C.F.R. 258 into landfill permitting requirements, specifically the provision limiting the construction or establishment of municipal solid waste landfills within 6 miles of certain smaller public airports.

XXVI. No permit for the operation of a solid waste landfill shall be issued in New Hampshire to any applicant who has been found in violation of any federal, state, or local environmental laws, regulations, or permit conditions anywhere in the United States.

(a) For the purposes of this section, a violation includes, but is not limited to, violations related to the improper handling, disposal, or management of waste; environmental contamination; non-compliance with health and safety standards; or failure to meet any legal obligations imposed by relevant regulatory authorities.

(b) The determination of violations will be based on records from federal, state, or local regulatory agencies, including enforcement actions, citations, fines, or other legal findings that indicate non-compliance with applicable laws or regulations.

(c) The prohibition on permit issuance under this section shall apply for a period of 3 years following the final resolution of any violation, or until the applicant has demonstrated full compliance with all relevant laws and regulations to the satisfaction of the permitting authority.

4 Rulemaking. The introductory paragraph of RSA 149-M:7 is repealed and reenacted to read as follows:

The commissioner shall have the responsibility and authority to adopt rules, under RSA 541-A, that are necessary to protect the public health and the environment with an ample margin of safety relative to this chapter, including rules relative to:

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