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.

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.