149-M:1 Statement of Purpose. – It is the declared purpose of the general court to protect human health, to preserve the natural environment, and to conserve precious and dwindling natural resources through the proper and integrated management of solid waste. Source. 1996, 251:2, eff. Aug. 9, 1996.
149-M:10 Disclosure of Ownership. – I. Any application for a permit under RSA 149-M:9 shall be signed under oath by a representative of the applicant and shall contain the following information: (a) Name and address of the applicant. (b) If the applicant is a corporation, the state of incorporation, the address of its principal […]
149-M:11 Public Benefit Requirement. – I. The general court finds and declares as follows: (a) It is responsible to provide for the solid waste management need of the state and its citizens. (b) In order to provide for these needs, it must ensure that adequate capacity exists within the state to accommodate the solid […]
149-M:12 Criteria for Approval, Suspension, or Revocation. – I. The department shall approve an application for a permit only if it determines that the facility or activity for which the permit is sought will: (a) Comply with this chapter and all rules adopted under it; (b) Be consistent with the provisions of the state, […]
149-M:13 Official Investigation. – I. The attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter. II. If, during the course of any investigation under this chapter, the attorney general believes a person may have information or be in […]
149-M:14 Forfeiture of Property. – I. Any property, including, but not limited to, equipment, vehicles, and real property used or intended for use in violation of this chapter, and any property constituting the proceeds of a violation of this chapter, including, but not limited to, money, may be seized by the state and forfeited […]
149-M:15 Penalties and Other Enforcement. – I. The department may issue an order to any person in violation of this chapter, a rule adopted under this chapter, or any condition in a permit issued under this chapter to comply with this chapter, the rule or the permit, and require such remedial measures as may […]
149-M:16 Administrative Fines. – The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the […]
149-M:17 Town Responsibility and Authority. – I. Each town shall either provide a facility or assure access to another approved solid waste facility for its residents. A town may choose whether to include any associated costs in its tax base. II. (a) A town may make bylaws governing its facility and fixing reasonable rates […]
149-M:18 Town Reclamation Trust Funds. – A town which collects an additional fee under RSA 261:153, V shall create a town reclamation trust fund to receive the town share of such fee, to be used to pay the fees for the collection and disposal of the town’s motor vehicle waste and to pay for […]
149-M:19 Regional Cooperation. – The selectmen of towns, the county commissioners for each county in which there are located unincorporated towns or unorganized places, the mayor and council of each city and the commissioners of each county are authorized to enter into cooperative agreements with other towns, cities, unincorporated towns, unorganized places, and counties […]
149-M:2 Solid Waste Disposal Reduction Goal. – I. The general court declares its concern that there are environmental and economic issues pertaining to the disposal of solid waste in landfills and incinerators. It is important to reserve landfill and incinerator capacity for solid wastes which cannot be reduced, reused, recycled or composted. The general […]
149-M:20 Unincorporated Towns and Unorganized Places. – For each unincorporated town or unorganized place, the county in which it is located and its commissioners shall have the same solid waste disposal responsibilities as a town and its governing body. The cost of providing a facility for an unincorporated town or unorganized place shall be […]
149-M:21 Failure to Provide Facilities. – If any town fails to provide an approved disposal facility as required under RSA 149-M:17, the following steps shall be taken: I. The department shall conduct an investigation of opportunities for joint action with other towns, the availability of private facilities, and possible facility sites within the town. […]
149-M:22 Facility Built by State. – If land is taken for construction of a facility: I. The property shall be held in the name of the state and shall not be taxed. II. Upon completion, the facility shall be operated by the town in accordance with the facility plan. III. At the time of […]
149-M:23 Solid Waste Management Planning. – Each town is responsible for continued and ongoing planning for solid waste management within its boundaries. In meeting this planning requirement, the town shall consider: I. Environmental impact. II. Economic impact. III. Area impact, including the planning processes, plans, and solid waste management practices of other area towns. […]
149-M:24 Districts and Subdistricts; Powers; Responsibilities. – I. Each town shall participate in planning efforts, either as a town or as a solid waste management district. Towns or districts formed by area towns shall be the basis for developing a town or district solid waste management plan. Subdistricts may be formed, the plans of […]
149-M:25 Minimum Plan Requirements. – I. Each plan shall: (a) Estimate the types, weights, and volumes of solid waste generated, including wet-cell batteries, used motor oil, tires, demolition debris, and waste particular to the district or municipality, current and available methods of disposal and treatment, and the types, weights, and volume of recyclable materials […]
149-M:26 State Policy and Antitrust Exemption. – To promote the state’s interest in safe, clean, and efficient management and disposal of solid waste, it is hereby declared to be the policy of the state of New Hampshire that competition and enterprise may be displaced or limited by towns and counties, acting alone or in […]
149-M:27 Refuse Reduction. – I. If the department finds that an emergency exists requiring immediate action to protect the public health, it may issue an order suspending all or any part of this section during such emergency. II. No wet-cell batteries shall be disposed of in a solid waste landfill facility or composting facility […]
