reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:10 - Sewer Funds.

149-I:10 Sewer Funds. –
I. The funds received from the collection of sewer rentals shall be kept as a separate and distinct fund to be known as the sewer fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. Such fund may be expended only for the purposes specified in RSA 149-I:8, or for the previous expansion or replacement of sewage lines or sewage treatment facilities.
II. Except when a capital reserve fund is established pursuant to paragraph III, all sewer funds shall be held in the custody of the municipal treasurer. Estimates of anticipated sewer rental revenues and anticipated expenditures from the sewer fund shall be submitted to the governing body as set forth in RSA 32:4 if applicable, and shall be included either as part of the municipal operating budget or as a separate warrant article submitted to the local legislative body for approval. In a town or district that has adopted the official ballot referendum form of meeting, any such separate warrant article shall include a default amount as provided in RSA 40:13, XI-a. If the municipality has a properly-established board of sewer commissioners, then notwithstanding RSA 41:29 or RSA 48:16, the treasurer shall pay out amounts from the sewer fund only upon order of the board of sewer commissioners. Expenditures shall be within amounts appropriated by the local legislative body. The sewer commission shall also remit to the municipality those costs incurred by the municipality in support of sewer operations, including but not limited to financial audit, facility insurance, treasurer compensation, and office support.
III. At the option of the local governing body, or of the board of sewer commissioners if any, all or part of any surplus in the sewer fund may be placed in one or more capital reserve funds and held in the custody of the trustees of trust funds pursuant to RSA 35:7. If such a reserve fund is created, then the governing body, or board of sewer commissioners if any, may expend such funds pursuant to RSA 35:15 without prior approval or appropriation by the local legislative body, but all such expenditures shall be reported to the municipality pursuant to RSA 149-I:25. This section shall not be construed to prohibit the establishment of other capital reserve funds for any lawful purpose relating to municipal water systems.
IV. The sewer fund may be used for the repayment of the costs of design, construction, and funding provided for by contract under RSA 149-I:4-a.
Source.
1933, 98:2. RL 111:8. 1945, 188, part 22:9. RSA 252:11. 1973, 483:2. 1979, 492:1. 1981, 87:2. 1994, 95:5, eff. July 8, 1994. 2012, 138:1, eff. Aug. 4, 2012. 2013, 191:1, eff. Aug. 31, 2013. 2014, 4:3, eff. April 11, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:10-a - Stormwater Utility Fund.

149-I:10-a Stormwater Utility Fund. –
I. The funds received from stormwater utility fees shall be kept as a separate and distinct fund to be known as the stormwater utility fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. Such fund may be expended only for stormwater treatment, conveyance, and discharge systems.
II. Except when a capital reserve fund is established pursuant to paragraph III, all stormwater utility funds shall be held in the custody of the municipal treasurer. Estimates of anticipated revenues and anticipated expenditures from the stormwater utility fund shall be submitted to the governing body as set forth in RSA 32:6 if applicable, and shall be included as part of the municipal budget submitted to the local legislative body for approval. If the municipality has a properly established stormwater utility commission, then notwithstanding RSA 41:29 or RSA 48:16, the treasurer shall pay out amounts from the stormwater utility fund only upon order of the stormwater utility commission. Expenditures shall be within amounts appropriated by the local legislative body.
III. At the option of the local governing body, or of the stormwater utility commission if any, all or part of any surplus in the stormwater utility fund may be placed in one or more capital reserve funds and placed in the custody of the trustees of trust funds pursuant to RSA 35:7. If such a reserve fund is created, then the governing body, or stormwater utility commission if any, may expend such funds pursuant to RSA 35:15 without prior approval or appropriation by the local legislative body, but all such expenditures shall be reported to the municipality pursuant to RSA 149-I:25. This section shall not be construed to prohibit the establishment of other capital reserve funds for any lawful purpose relating to municipal water systems.
Source.
2008, 295:8, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:11 - Liens and Collection of Sewer Charges.

149-I:11 Liens and Collection of Sewer Charges. –
In the collection of sewer charges or stormwater utility fees under RSA 149-I:7 and 149-I:8, municipalities shall have the same liens and use the same collection procedures as authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.
Source.
1870, 5:3. 1872, 25:1. 1875, 36:3. GL 78:3, 8. PS 79:5. PL 95:6. 1933, 98:3. RL 119:9. 1945, 188, part 22:10. 1949, 80:1. RSA 252:12. 1981, 87:2. 1985, 110:2. 1991, 269:12, eff. July 1, 1991. 2008, 295:9, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:14 - Correction of Assessments.

149-I:14 Correction of Assessments. –
I. If any error is made in any assessment under RSA 149-I:7 or RSA 149-I:8, it may be corrected by the mayor and aldermen by making an abatement and a new assessment, or either, as the case may require. The same lien, rights, liabilities and remedies shall attach to the new assessment as to the original.
II. If any error is made in any assessment under RSA 149-I:6-c or RSA 149-I:7, it may be corrected by the governing body by making an abatement or a new assessment, or both. The same lien, rights, liabilities, and remedies shall attach to the new assessment as to the original.
Source.
PS 79:6. PL 95:9. RL 111:12. 1945, 188, part 22:13. RSA 252:15. 1981, 87:2. 1985, 110:3, eff. July 9, 1985. 2008, 295:10, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:15 - Petition to Court.

149-I:15 Petition to Court. –
If the mayor and aldermen neglect or refuse to correct an assessment under RSA 149-I:14, any person aggrieved may apply by petition to the superior court for relief at any time within 90 days after notice of the assessment, and not afterwards. The court shall make such order thereon as justice may require.
Source.
PS 79:7. PL 95:10. RL 111:13. 1945, 188, part 22:14. RSA 252:16. 1981, 87:2. 1985, 110:4, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:16 - Assessment Installments.

149-I:16 Assessment Installments. –
The mayor and aldermen of any city may, in their discretion, in making any assessment under this chapter, assess the same to be paid in annual installments extending over a period not exceeding 20 years, and in such case their assessment so made shall create a lien upon the land on account of which it is made and the lien of each installment so assessed shall continue for one year from October 1 of the year such installment becomes due.
Source.
1909, 24:1. PL 95:11. 1933, 98:4. RL 111:14. 1945, 188, part 22:15. 1949, 80:2. RSA 252:17. 1981, 87:2, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:17 - Assessment Not Required.

149-I:17 Assessment Not Required. –
Nothing herein contained shall be construed to prevent any city from providing, by ordinance or otherwise, that the whole or a part of the expense of constructing, maintaining and repairing main drains, common sewers, stormwater treatment, conveyance, and discharge system, or sewage and waste treatment facilities shall be paid by such city.
Source.
1870, 5:5. GL 78:10. PS 79:8. PL 95:12. RL 111:15. 1945, 188, part 22:16. RSA 252:18. 1961, 120:8. 1981, 87:2, eff. April 20, 1981. 2008, 295:11, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:18 - Abatement of Assessments.

149-I:18 Abatement of Assessments. –
For good cause shown, the mayor and aldermen may abate any such assessment made by them or by their predecessors.
Source.
PS 79:6. PL 95:8. RL 111:11. 1945, 188, part 22:12. RSA 252:14. 1981, 87:2, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:19 - Establishment; Duties.

149-I:19 Establishment;  Duties. –
Any town or village district which adopts the provisions of this chapter may, at the time of such adoption or afterwards, vote to establish a board of sewer commissioners, consisting of 3 members, which board shall perform all the duties and possess all the powers in the town or district otherwise hereby conferred upon the selectmen.
Source.
1923, 16:1. PL 95:13. PL 111:16. 1945, 188, part 22:17. RSA 252:19. 1981, 87:2, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:20 - Election.

149-I:20 Election. –
At the annual town or district meeting when such board is established, there shall be chosen, by ballot and by major vote, 3 sewer commissioners, to hold office for 3 years, 2 years, and one year, respectively, and thereafter, at every annual meeting, one commissioner shall be so chosen to hold office for 3 years; provided, that such election shall be by plurality vote in towns or districts which, under existing laws, elect officers in that manner.
Source.
1923, 16:1. PL 95:14. RL 111:17. 1945, 188, part 22:18. RSA 252:20. 1981, 87:2, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:20-a - Appointment.

149-I:20-a Appointment. –
The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, by the town council, or by the commissioners of the district if the municipality fails to elect or votes to provide for appointment.
Source.
1996, 197:2, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:21 - Compensation.

149-I:21 Compensation. –
The compensation of such sewer commissioners and the sewer commission's responsible portion of the municipal treasurer's compensation shall be fixed in towns by the selectmen, and in village districts by the commissioners of the district.
Source.
1923, 16:1. PL 95:16. RL 111:19. 1945, 188, part 22:20. RSA 252:22. 1981, 87:2, eff. April 20, 1981. 2012, 138:2, eff. Aug. 4, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:22 - Entering Without Permit.

149-I:22 Entering Without Permit. –
Any person who digs or breaks up the ground in any street, highway, lane or alley in any city, for the purpose of laying, altering, repairing or entering any main drain, stormwater treatment, conveyance, and discharge system, or common sewer therein, without permission from the mayor and aldermen, shall be guilty of a violation.
Source.
1870, 5:7. GL 78:12. PS 79:9. PL 95:17. RL 111:20. 1945, 188, part 22:21. RSA 252:23. 1973, 531:84. 1981, 87:2, eff. April 20, 1981. 2008, 295:13, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:23 - Malicious Injury; Penalty.

149-I:23 Malicious Injury;  Penalty. –
Any person who shall wantonly or maliciously injure any part of any sewer system, stormwater treatment, conveyance, and discharge system, or sewage disposal plant shall be liable to pay treble damages to the owner thereof, and shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1945, 188, part 22:22. RSA 252:24. 1973, 529:44. 1981, 87:2, eff. April 20, 1981. 2008, 295:14, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:24 - Application of Chapter.

149-I:24 Application of Chapter. –
The provisions of this chapter shall be in force in such town and village districts as may adopt the same by vote of the legislative body; and the governing body shall perform all the duties and possess all the powers in the town or the district, as the case may be, conferred by this chapter upon the mayor and aldermen, and the rights of all parties interested shall be settled in the same way.
Source.
1870, 5:8. 1873, 29:1. GL 78:14. 1883, 77:1. PS 79:10. 1923, 16:1. PL 95:18. RL 111:21. 1945, 198, part 22:23. RSA 252:25. 1981, 87:2, eff. April 20, 1981. 2008, 295:12, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-I - Sewers › Section 149-I:25 - Reports.

149-I:25 Reports. –
In towns and village districts adopting this chapter, the selectmen or district commissioners, or board of sewer commissioners if any, or stormwater utility commission shall annually, at the time other town or district officers report, make a report to the municipality of the condition of the plant financially and otherwise, showing the funds of the department, the expenses and income thereof, and all other material facts. This report shall be published in the annual report of the municipality.
Source.
1994, 95:6, eff. July 8, 1994. 2008, 295:15, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:1 - Statement of Purpose.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:2 - Solid Waste Disposal Reduction Goal.

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 court discourages the disposal of recyclable materials in landfills or processing of recyclable materials in incinerators.
II. The general court further declares a goal to reduce the quantity by weight of solid waste disposed by 25 percent by the year 2030, and by 45 percent by the year 2050. For the purposes of this goal, disposal reduction targets shall apply, on a combined basis, to disposal of municipal solid waste and construction and demolition debris, and shall be measured against baseline quantities of these wastes disposed of in the year 2018. For the purposes of this goal only, municipal solid waste means solid waste generated at residences, commercial or industrial establishments, and institutions, but excludes automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media, sludge, industrial process waste, and ash other than ash from household stoves. Disposal reduction may be achieved through source reduction as well as diversion including but not limited to reuse, recycling, and composting. For the purposes of this section "goal" shall not establish a mandate.
III. In exercising any and all powers conferred upon the department under this chapter, the department shall use and consider criteria relevant to the disposal reduction goal and solid waste management hierarchy established in this section and RSA 149-M:3. The department shall not take any action relative to the reduction goal which causes the municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on June 26, 1990.
Source.
1996, 251:2. 251:27; 261:2. 1999, 43:1, eff. July 20, 1999. 2021, 188:5, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:3 - Achieving Goals; Hierarchy.

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. Landfilling.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:5 - Administration and Enforcement.

149-M:5 Administration and Enforcement. –
The department shall administer and enforce this chapter. The department is hereby named as the state agency for planning and regulating solid waste management.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:7 - Rulemaking.

149-M:7 Rulemaking. –
The commissioner shall have the responsibility and authority to adopt rules, under RSA 541-A, relative to this chapter, including rules relative to:
I. Criteria for approving town and district solid waste plans.
II. Criteria for all types of facilities, including standards for the proper receipt, reclamation, or disposal of separated motor vehicle wastes.
III. Administration of a permit system, including the terms, conditions, and time frames under which the department shall issue, modify, suspend, revoke, deny, approve, or transfer permits required by this chapter, and means of noticing the public about such permits including, but not limited to, using electronic means via notice on the department's Internet website, and communicating permitting information with affected municipalities.
IV. A schedule of permit fees.
V. Standards for granting any exemptions or notice waivers from RSA 149-M:9.
VI. Administration of a solid waste facility operator training program pursuant to RSA 149-M:9, VI.
VII. [Repealed.]
VIII. Standards and procedures for the treatment and disposal of special waste.
IX. Administrative fines as provided in RSA 149-M:16.
X. A schedule of administrative fines which may be imposed under this section for violation of this chapter as provided in paragraph IX.
XI. Procedures for notice and hearing prior to the imposition of an administrative fine.
XII. Administration of the aid to municipalities program provided in RSA 149-M:41 through 50.
XIII. Toxics reduction provided in RSA 149-M:32-40.
XIV. Establish minimum standards for closing all solid waste facilities according to type of waste disposed of, and establish state closure guidelines for all facility owners and operators which shall include, but not be limited to, monitoring, restoration, and correction and compliance procedures which may be necessary in the maintenance of a closed landfill facility.
XV. Requirements and best practices for facilities that compost organics, including vegetable matter, meat, meat byproducts, dairy products, or dairy product derivatives.
XVI. Such other rules as are deemed necessary to implement the provisions of this chapter.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:4, eff. Aug. 17, 2007. 2015, 107:1, eff. Aug. 4, 2015. 2019, 270:2, eff. Sept. 17, 2019. 2021, 17:1, eff. July 5, 2021. 2022, 226:5, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:8 - Appeals.

149-M:8 Appeals. –
Administrative appeals from decisions of the department made under the provisions of this chapter shall be heard by the waste management council under RSA 21-O:9, V.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:10 - Disclosure of Ownership.

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 place of business, and the names and addresses of its directors, officers, and shareholders; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its principals, members or participants.
(c) The exact location where the applicant intends to conduct the business for which it is seeking the permit.
(d) Such financial information as the department may require under RSA 149-M:9.
II. All commercial solid waste haulers and municipalities holding a permit under RSA 149-M shall cause trash collection containers within their possession or control to be prominently marked with an identification name or logo.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.; 261:9, eff. July 1, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:12 - Criteria for Approval, Suspension, or Revocation.

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, district, and local plans; and
(c) Comply with federal and state air or water pollution statutes, regulations, and rules.
II. The department may suspend or revoke any permit issued under this chapter if, following an opportunity for hearing, it determines that:
(a) The permit holder has committed a violation of this chapter, or any rule, plan, order, or permit conditions in force under it; or
(b) The facility or activity covered by the permit presents an immediate and substantial threat to human health or the environment.
III. In processing applications for a permit under this chapter, the department shall comply with time limits prescribed in RSA 541-A:29, except the department shall not be required to issue a final decision on any application until 30 days after a public hearing held pursuant to RSA 149-M:11, IV(a) in order to assure proper consideration of public concerns.
Source.
1996, 251:2; 251:28. 1999, 54:2, eff. July 20, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:16 - Administrative Fines.

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 commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
I. A schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above.
II. Procedures for notice and hearing prior to the imposition of an administrative fine.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:18 - Town Reclamation Trust Funds.

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 the recycling and reclamation of other types of solid waste. For the purposes of this section, "motor vehicle waste" means used residential motor oil, residential motor vehicle batteries, and tires from residential motorized vehicles. "Residential", for the purposes of this paragraph, means any motor vehicle registered in a municipality which collects the fee assessed under RSA 261:153, V.
Source.
1996, 251:2, eff. Aug. 9, 1996. 2013, 168:1, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:19 - Regional Cooperation.

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 to provide a regional facility for the management of solid waste at mutually agreed upon sites. The selectmen, mayor and council, or commissioners, as the case may be, are authorized to expend funds received from any source to establish and maintain such regional facilities and provide for sharing the costs of establishing and maintaining such facilities in an equitable manner.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:20 - Unincorporated Towns and Unorganized Places.

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 dealt with in the same manner as real estate under RSA 28:7.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:21 - Failure to Provide Facilities.

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.
II. The department shall report findings to the district and town, and seek local agreement to an acceptable solution to the waste problem.
III. If no agreement is reached within 60 calendar days after the findings are delivered, the department shall schedule and hold a public hearing in the town. Notice of the hearing shall be posted in 2 or more public places in the town for at least 14 calendar days before it is held.
IV. If no agreement is reached within 45 calendar days after the hearing, the department shall either order the town to participate in an existing or planned approved facility, or shall recommend that land within the town be taken by eminent domain for the establishment of an approved facility.
V. If the department determines that land shall be taken, the department shall institute eminent domain proceedings in accordance with RSA 498-A.
VI. The department shall be responsible for the facility's design and construction.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:22 - Facility Built by State.

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 the taking, the department shall certify to the commissioner of revenue administration the costs of establishing the facility. The certification shall be revised when the facility is complete to reflect actual costs, including land, buildings, equipment, administration, planning, consultants, and any other necessary costs.
IV. The commissioner of revenue administration shall assess the costs on the town over a 20-year period. Each annual assessment shall include the interest on any debt incurred by the state for this purpose. The assessment shall be made as provided in RSA 21-J:15 and RSA 81.
V. When all costs and interest are paid, the property shall be deeded to the town, or in the case of an unincorporated town or unorganized place, to the county.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m. 2013, 247:5, eff. Mar. 24, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:23 - Solid Waste Management Planning.

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.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:24 - Districts and Subdistricts; Powers; Responsibilities.

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 which will be included in the district plan for purposes of implementation. Each town, whether it has entered into a district voluntarily or has been assigned to a district, shall remain in such a district in order to participate in a solid waste management plan pursuant to paragraph IV and may withdraw from that district only after the town has:
(a) Obtained approval by a majority vote of district committee members of the solid waste management district or cooperative of which the municipality is currently a member.
(b) Paid its proportionate equitable share of the district expenses and debt, including long-term debt incurred by the district.
II. In implementing their responsibilities under this chapter, towns may enter into a written agreement, which may be:
(a) A service contract;
(b) A memorandum of understanding;
(c) A formal inter-municipal cooperative agreement under RSA 53-A;
(d) A formal inter-municipal cooperative agreement under RSA 53-B; or
(e) Any other written agreement deemed appropriate by member towns.
III. Each district shall file a copy of its organizational agreement with the department upon execution.
IV. Each town or district shall prepare and maintain an "approvable" solid waste management plan which is consistent with the state plan and demonstrates consideration of existing solid waste agreements and environmental and economic factors in the area. An "approvable" plan is one which contains information required by rule, in a form and with sufficient detail to demonstrate compliance with this provision.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:31, eff. Aug. 9, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:25 - Minimum Plan Requirements.

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 that can be recovered and recycled.
(b) Develop future projections of the types, weights, and volumes of waste generated, and the types and amounts of solid waste materials that can be recovered and recycled based on current and future population growth trends.
(c) Identify numbers, types, and capacities of operating facilities in the district or town in compliance with this chapter, and the location, type, and capacity of any proposed facilities.
(d) Establish a process by which those facilities with known or suspected groundwater contamination or emission problems can develop a remedial action plan, including funding requirements and funding mechanisms.
(e) Demonstrate a capacity or implementation plan for disposal for 10 years and an ongoing planning process as required in RSA 149-M:23 for 15 years from the date of filing of the plan. Each such plan shall be reviewed by the department at least once every 5 years from the date of submission.
(f) Identify the means by which district members shall develop, construct, operate, or otherwise implement the solid waste management methods described in the plan.
II. Each plan shall be reviewed and commented upon by the department. The department or a district or town may request a hearing on the plan as submitted. The department may approve, require modification of, or disapprove of any plan with cause stated and shall finally act upon each plan within 120 days of submission. Within 60 days after receipt of written notice of approval of the plan by the department, the town or district and each town in the district shall begin implementing the plan.
III. Each district and town shall be responsible for demonstrating continuous compliance with its plan as approved by the department. Should the department determine that a district or town is not in compliance, it shall issue a remedial order.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:31, eff. Aug. 9, 1996 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:26 - State Policy and Antitrust Exemption.

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 cooperatives or districts permitted under RSA 53-A or RSA 53-B, in the exercise of the powers, authorities, and responsibilities granted to them in this chapter as necessary to carry out the purposes of this chapter. The intent of this section is to exempt towns, counties, cooperatives, and districts so exercising such powers, authorities, and responsibilities from any liability therefor under RSA 356 and under federal antitrust laws.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:29 - State Solid Waste Plan and Report.

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 comment before final publication, and which shall contain, at minimum, the following elements:
(a) Goals, strategies, and actions to reduce solid waste generation through source reduction, to increase diversion through methods such as reuse, recycling and composting, and to achieve the state's solid waste disposal reduction goal, with such efforts incorporating the principles of the solid waste management hierarchy established in RSA 149-M:3.
(b) Discussion of opportunities to reduce solid waste generation through source reduction and increase diversion through methods such as recycling and composting.
(c) Goals, strategies, and actions necessary to maintain and ensure adequate disposal capacity for management of waste generated in New Hampshire.
II. Beginning October 1, 2023 and every odd-numbered year thereafter, the department shall prepare a report on the level of achievement in reaching the goal established in RSA 149-M:2 and on proposed strategies for achieving the goal and any proposed changes to the goal. The report shall contain information regarding:
(a) The generation of solid waste in the state.
(b) The disposal of solid waste in the state, including figures on how the management compares with the hierarchy of preferred methods.
(c) Projected state solid waste management and capacity needs.
(d) State and regional trends in solid waste management.
(e) Congressional actions and court rulings that affect solid waste decisions.
(f) On-going efforts by the department and other organizations in the state involved in solid waste issues.
(g) The department's solid waste programs and their focus.
(h) [Repealed.]
(i) A listing of organizations which can provide assistance with solid waste management.
(j) The activities and finances of the solid waste management fund, as required by RSA 149-R:6.
Source.
1996, 251:2; 251:32. 1999, 43:2, eff. May 20, 1999. 2010, 368:28, III, eff. Dec. 31, 2010. 2015, 259:20, eff. July 1, 2015. 2021, 188:6, 7, eff. Oct. 9, 2021. 2022, 226:4, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:29-a - Hauler Registration.

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 solid waste, including recyclables, collected in the state;
(b) The municipalities from which the solid waste was collected; and
(c) The disposal point or recycling facility to which the solid waste was delivered.
II. Quantities shall be stated in tons by type of material, from actual scale weights or from estimates stated in cubic yards using conversion factors supplied by the department.
III. For purposes of this section, "hauler" shall mean a person engaged for profit in the collection, transportation, or delivery of solid waste, including recyclable materials, collected from New Hampshire residential, municipal, industrial, or commercial sources for disposal or recycling.
Source.
2008, 286:1, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:30 - Cleanup of Waste Sites; Priorities; Rulemaking.

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 facilities and for the closing and cleanup of hazardous waste sites, excluding Superfund sites, as provided in RSA 147-B. Considerations for determining priority for eligibility to incur debt in the form of bonds guaranteed by the state of New Hampshire for solid waste landfill closure and cleanup of hazardous waste sites shall be as follows, in order of highest to lowest priority:
(1) Facility poses immediate risk to human health.
(2) Facility poses potential risk to human health.
(3) Facility with high level source of contamination identified.
(4) Facility with surface water impact identified.
(5) Facilities with approved closure plans ready for construction.
(6) Facilities with closure plans that have been deemed complete.
(7) Facilities for which hydrogeological investigations have been completed in accordance with an approved workscope and which have obtained a groundwater management permit and are actively engaged in the final design of the closure system.
(8) Facility shows groundwater impact with no alternate water supply in area.
(9) Facility shows high concentration of groundwater contamination with alternate water supply in area.
(10) Facility shows low concentration of groundwater contamination with alternate water supply available.
(b) Project priority may be adjusted by the commissioner when such adjustments are determined to be required to further protect public health and the environment.
II. If the amount of bonds authorized in a given year exceeds the annual bond limit, the commissioner shall recommend allocation of the bond guarantees based on the priority ranking system under paragraph I.
Source.
1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:3, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:31 - State Guarantee.

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 no time in excess of the total aggregate sum for the entire state of $10,000,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any city, town, district, or county for the closing and cleanup of any landfill or any other solid waste facility or the closing and cleanup of any hazardous waste site, excluding Superfund sites, and the full faith and credit of the state are pledged for any such guarantee. The outstanding amount of principal and interest on such bonds and notes, the payment of which has been guaranteed by the state under the provisions of this section, shall at no time exceed the amount of $10,000,000.
II. The state's guarantee shall be endorsed on such bonds or notes by the state treasurer, and all notes or bonds issued with the state guarantee shall be sold at public sealed bidding to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it in an action against a municipality or county, as provided in RSA 530, provided, further, that in accordance with RSA 35-A:29, the foregoing requirement for public sealed bidding shall not be applicable to any bonds or notes, or both, so guaranteed which are sold to the New Hampshire municipal bond bank, and any bonds or notes, or both, so guaranteed may be sold to the New Hampshire municipal bond bank at private sale in accordance with the provisions of RSA 35-A.
Source.
1996, 251:2, eff. Aug. 9, 1996. 2008, 49:3, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:32 - Statement of Purpose.

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. The general court further finds that lead, cadmium, mercury, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern and that elimination of the addition of these heavy metals to packaging is a desirable first step in reducing the toxicity of packaging waste. Further, the general court finds that such a reduction in the toxicity of packaging waste should be accomplished without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components.
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:34 - Prohibition; Schedule for Removal of Intentional and Incidental Amounts.

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 state of New Hampshire which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution. This prohibition shall not apply to the incidental presence of any of these elements.
II. No product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state of New Hampshire in a package which includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution. This prohibition shall not apply to the incidental presence of any of these elements.
III. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in any package or packaging component shall not exceed 100 parts per million by weight (0.01 percent).
Source.
1996, 251:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:36 - Certificate of Compliance.

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 exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies thereof, shall be furnished to the department and to members of the public in accordance with RSA 149-M:39.
II. If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.
Source.
1996, 251:2, eff. Aug. 9, 1996.