149-M:28 Restrictions on Battery Sales and Disposal; Exemptions. – I. (a) Except as provided in subparagraph (b), no person shall sell or offer for sale in New Hampshire an alkaline manganese battery manufactured on or after January 1, 1993, which battery contains more than 0.025 percent mercury by weight of the battery. (b) No […]
149-M:29 State Solid Waste Plan and Report. – I. Beginning October 1, 2022, in accordance with the state waste planning update schedule requirements of this section dating to October 1, 1998, and every 10 years thereafter, the department shall update the state’s solid waste plan, which shall be made available for public review and […]
149-M:29-a Hauler Registration. – I. Haulers shall register to do business in New Hampshire with the department, at no cost to the hauler. Each hauler shall report by March 31 of each year to the department, on forms provided by the department, the following information relative to the prior calendar year: (a) Quantities of […]
149-M:3 Achieving Goals; Hierarchy. – The general court supports integrated solid waste disposal solutions which are environmentally safe and economically sound. The general court endorses, in order of preference, the following waste management methods: I. Source reduction. II. Recycling and reuse. III. Composting. IV. Waste-to-energy technologies (including incineration). V. Incineration without resource recovery. VI. […]
149-M:30 Cleanup of Waste Sites; Priorities; Rulemaking. – I. (a) In addition to any other powers conferred upon cities, towns, districts and counties by this chapter or by RSA 147-B, cities, towns, districts, and counties shall have the power to finance costs incurred for the closing and cleanup of landfills and other solid waste […]
149-M:31 State Guarantee. – I. In view of the public benefits resulting from the proper closing of landfills and other solid waste facilities and for the closing and cleanup of qualifying hazardous waste sites, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at […]
149-M:32 Statement of Purpose. – The general court finds that the presence of heavy metals in packaging is to be considered a matter of concern in connection with the overall solid waste stream because such metals are likely to be present in leachate when packaging is landfilled or in emissions when packaging is incinerated. […]
149-M:33 Definitions. – In this subdivision: I. "Distribution" means the practice of taking title to a package or packaging components for promotional purposes or resale. Persons involved solely in delivering a package or packaging components on behalf of third parties are not considered distributors. II. "Distributor" means any person, firm, or corporation which takes […]
149-M:34 Prohibition; Schedule for Removal of Intentional and Incidental Amounts. – The schedule for removal of lead, cadmium, mercury, or hexavalent chromium in any package or packaging component shall be as follows: I. No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the […]
149-M:35 Exemptions. – I. All packages and packaging components shall be subject to this subdivision, except the following: (a) Those packages or packaging components with a code indicating that the date of manufacture was prior to April 27, 1990. (b) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have […]
149-M:36 Certificate of Compliance. – I. A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this subdivision shall be furnished by its manufacturer or supplier to its purchaser. If compliance is achieved under RSA 149-M:34, the certificate shall state the specific basis upon which the […]
149-M:37 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. Procedures for petitions for exemption pursuant to RSA 149-M:35, including renewals of exemptions. II. Procedures for certificates of compliance pursuant to RSA 149-M:36. III. A schedule of administrative fines which may be imposed under RSA 149-M:38, VI. IV. Procedures […]
149-M:38 Enforcement. – I. The commissioner may issue an order to any person in violation of this subdivision, any rule adopted under this subdivision or any condition in any exemption granted under this subdivision to comply with the subdivision, the rule or condition, and may require such remedial measures as may be necessary. II. […]
149-M:39 Public Access. – Any member of the public may request a certificate of compliance from a manufacturer or supplier of packaging or of a packaging component. The request shall be in writing and shall specifically state the packaging component or package information requested. A copy of the written request shall be provided to […]
149-M:4 Definitions. – In this chapter: I. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a solid waste facility may be permitted. I-a. " Advanced recycling " means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into […]
149-M:40 Severability. – If any provision of this subdivision or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provisions or applications, and to this end the provisions of this subdivision are […]
149-M:41 Declaration of Policy. – In recognition of the potential for harm to both public health and the environment which can result from an unlined solid waste landfill that has not been properly closed or from a municipal incinerator without adequate emissions controls, it is hereby declared to be the policy of this state […]
149-M:42 Definitions. – In this subdivision: I. "Closure" means the process used to permanently cease use of a facility, or portion of such facility, in a manner that will minimize future risks of environmental damage. II. "Department" means the department of environmental services. III. " Eligible costs " means the costs of the closure […]
149-M:43 State Contributions. – The state shall pay annually 20 percent of the annual amortization charges, meaning the principal and interest, on the eligible costs resulting from the closure of unlined solid waste landfills by municipalities, or the closure of eligible municipal incinerators, in accordance with 42 U.S.C. Section 9601 et seq. and RSA […]
149-M:44 Equitable Allocation of Costs. – Notwithstanding any other provision of this subdivision, the department shall not approve any contribution under RSA 149-M:43 unless it shall first have information presented to it by the applicant that the applicant has adopted a system of setting aside municipal revenues dedicated to the closure of all publicly […]
