SB 227-FN - AS INTRODUCED
2025 SESSION
25-1038
08/05
SENATE BILL 227-FN
AN ACT relative to site setbacks for landfills.
SPONSORS: Sen. Rochefort, Dist 1; Sen. Fenton, Dist 10; Rep. Potenza, Straf. 19; Rep. Wheeler, Hills. 33; Rep. S. King, Coos 4
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill requires certain tests and setbacks before the department of environmental services grants a landfill permit in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1038
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to site setbacks for landfills.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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 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 Paragraphs; Landfill Permits; Groundwater Protection. Amend RSA 149-M by inserting after paragraph XV the following new paragraphs:
XVI.(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 an independent hydrogeologist 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 the highest rate measured for any test site in the disposal area.
(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 years.
(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 200 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 expansion or modification of any landfill facilities on any site on which, as of December 1, 2022, a RCRA Subtitle D landfill exists that has been fully permitted. 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, 2022, including a site where one or more public utility easements traverse the site; perennial waters water bodies transversing a footprint shall still be monitored in accordance with or exceeding Environmental Protection Agency regulations or guidelines.
XVII. No permit shall be issued to a landfill unless the undisturbed in-situ soils for 12 feet immediately beneath the footprint and all leachate infrastructure shall have a maximum saturated hydraulic conductivity of 1 x 10 centimeters per second (cm/sec) or less.
XVIII. An applicant for a new landfill or landfill expansion shall conduct subsurface investigations in sufficient numbers and locations to properly describe the surficial stratigraphy 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.
XIX. All landfill facilities shall have at least one operator, guard, or other employee at the site 24 hours per day, 365 days per year, commencing on the date the landfill first accepts waste for disposal and continuing at least until final closure has been attained.
3 Effective Date. This act shall take effect upon its passage.
25-1038
Revised 1/29/25
SB 227-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to site setbacks for landfills.
FISCAL IMPACT:
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| |||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable Increase $100,000 to $500,000 | Indeterminable Increase $100,000 to $500,000 | Indeterminable Increase $100,000 to $500,000 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable Increase $100,000 to $500,000 | Indeterminable Increase $100,000 to $500,000 | Indeterminable Increase $100,000 to $500,000 | ||
METHODOLOGY:
This bill requires certain tests and setbacks before the Department of Environmental Services (DES) grants a landfill permit in New Hampshire.
DES states this bill establishes specific requirements for new landfills, including minimum distances from water bodies, soil depth, and maximum hydraulic conductivity, while also mandating independent hydrogeological studies at the applicant's expense. DES believes the bill would apply to new landfills permitted after its effective date and assumes it requires 24/7 staffing for landfill facilities, including existing ones, until final closure is defined as the installation of the final cap. DES states this bill will impact county and local expenditures for municipalities with existing landfill facilities by requiring 2 to 3 additional staff positions to meet the increased staffing hours. This new requirement is expected to increase local and county expenditures by an estimated $100,000 to $500,000 annually, beginning in FY 2026.
AGENCIES CONTACTED:
Department of Environmental Services
| Date | Body | Type |
|---|---|---|
| Feb. 18, 2025 | Senate | Hearing |
Feb. 12, 2025: Hearing: 02/18/2025, Room 103, SH, 10:20 am; SC 10
Jan. 23, 2025: Introduced 01/09/2025 and Referred to Energy and Natural Resources; SJ 3