reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:37 - Rulemaking.

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 for notice and hearing prior to the imposition of an administrative fine under RSA 149-M:38, VI.
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:38 - Enforcement.

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. The commissioner may request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction, or both, to enforce any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision.
III. Any person who knowingly violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate violation.
IV. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to paragraph III.
V. Any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be subject to a civil forfeiture not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
VI. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each violation upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of other penalties under this chapter.
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:39 - Public Access.

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 the department. The manufacturer or supplier of the package or packaging component shall respond in writing within 60 days of receiving such request. A copy of the response shall also be provided to the department.
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:40 - Severability.

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 severable.
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:41 - Declaration of Policy.

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 to encourage municipalities to close all unlined solid waste landfills and certain municipal incinerators in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.
Source.
1996, 251:2. 1999, 347:3, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:42 - Definitions.

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 of a solid waste landfill or municipal incinerator eligible to be covered by the grant established by this subdivision, and shall include costs of hydrogeological and engineering investigation and design, capital construction of closure elements required by rules adopted pursuant to RSA 149-M:7, and construction supervision. Eligible costs shall exclude land acquisition, except for land which is necessary to the physical elements of closure of either an unlined landfill or a municipal incinerator, and any administrative, legal, and fiscal costs related to the closure. "Eligible costs" shall be reduced by amounts received by the municipality from third party sources such as insurance policies, federal assistance, or individuals or entities who have or may have liability for closure costs due to waste disposal activities, but not by benevolent gifts received from third party sources having no liability for closure costs.
IV. "Municipal incinerator" means any of the 18 municipally owned solid waste incinerators constructed prior to July 1, 1998, excluding any designed or intended primarily to burn construction or demolition debris, special wastes, motor vehicle wastes, asbestos, or contaminated soil or other absorbent media. The 18 facilities shall be the waste to energy facility operated by the Lamprey Regional Solid Waste Co-operative in Durham, the waste-to-energy facility operated by the city of Portsmouth at the former Pease Air Force base, and the incinerators located in the following municipalities: Auburn, Bridgewater, Candia, Canterbury, Durham, Lincoln, Litchfield, Nottingham, Ossipee, Pelham, Pittsfield, Plymouth, Sutton, Wilton, Windham, and Wolfeboro.
Source.
1996, 251:2. 1999, 347:4, 5. 2002, 186:1, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:43 - State Contributions.

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 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.
Source.
1996, 251:2. 1999, 347:6, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:44 - Equitable Allocation of Costs.

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 owned or operated solid waste facilities in the municipality.
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:45 - Application for Grant.

149-M:45 Application for Grant. –
Application for a grant under the provisions of this subdivision shall be made in accordance with rules adopted by the commissioner under RSA 541-A.
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:46 - Application Agreement.

149-M:46 Application Agreement. –
Applications for state grants under this subdivision shall contain an agreement that the applicant has closed or shall close the unlined solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department, pursuant to rules adopted by the commissioner under RSA 541-A, and will provide proper post-closure monitoring and maintenance of the landfill, or incinerator, if required. Such plans and specifications shall not be more stringent than federal requirements. Failure to close the solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department or to provide proper post-closure monitoring and maintenance of the landfill or incinerator site, if required, shall result in loss of payments of the annual grant installment next following such failure. Such loss of payment of the annual grant installment shall continue in effect until such time as the municipality has completed the steps necessary to close the landfill in accordance with plans and specifications approved by the department and has provided proper post-closure monitoring and maintenance of the landfill or incinerator site, if required.
Source.
1996, 251:2. 1999, 347:7, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:47 - Eligibility and Priority of Applications.

149-M:47 Eligibility and Priority of Applications. –
I. The department shall establish and maintain a list of closures eligible to receive grants pursuant to RSA 149-M:43. The list shall identify the projects in priority order beginning with the highest priority as set forth in RSA 149-M:49.
II. The list for each fiscal year shall be prepared based on information supplied to the department by the applicant no later than February 1 prior to the beginning of each fiscal year.
III. The commissioner or designee shall hold an annual public hearing to receive testimony on the list of solid waste landfills or municipal incinerators proposed for each fiscal year. After considering the testimony offered at the hearing, the commissioner shall prepare the final list, and assistance shall be granted in the fiscal year accordingly.
IV. Notwithstanding any other law to the contrary, the provisions of this section shall not be subject to RSA 541-A.
Source.
1996, 251:2. 1999, 347:8, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:48 - Assistance to Municipalities.

149-M:48 Assistance to Municipalities. –
The department shall have the duty to:
I. Provide advice to municipalities engaged in:
(a) Preliminary project planning and design;
(b) Development of closure plans; or
(c) Development of grant applications for funding under this subdivision.
II. Review and approve preliminary and final closure plans for the proposed project, in accordance with 42 U.S.C. Section 9601, et seq., and RSA 147-B, 149-M:6 and 149-M:7.
III. Review and approve revisions or formal addenda to approved plans and specifications.
IV. Process grant applications for state approval.
V. Perform periodic site inspections as necessary.
VI. Review and approve change orders during the construction period.
VII. In conjunction with the applicant's qualified professional engineer, conduct an inspection of the landfill or incinerator upon completion of the closure work to approve substantial completion.
VIII. Based upon a satisfactory construction completion inspection, and the receipt of as-built drawings for landfills and a report for incinerators, review and approve final eligible project costs.
Source.
1996, 251:2. 1999, 347:9, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:49 - Priorities.

149-M:49 Priorities. –
Considerations for determining eligibility for assistance shall be as follows, in order of highest to lowest priority:
I. Facilities with closure plans that have been approved and are ready for construction, and within this group the priority shall be as follows:
(a) Facility poses an immediate risk to human health.
(b) Facility poses a potential risk to human health.
(c) Facility has an identified high level source of contamination.
(d) Facility has an identified surface water or air quality impact.
(e) Facility has an approved closure plan ready for construction.
II. Facilities with closure plans that have been deemed complete, and within this group the priority shall be as follows:
(a) Facility poses an immediate risk to human health.
(b) Facility poses a potential risk to human health.
(c) Facility has an identified high level source of contamination.
(d) Facility has an identified surface water or air quality impact.
(e) Facility has a closure plan that has been deemed complete.
III. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with a work plan approved by the department, which have obtained a groundwater permit, if required, and which are actively in the process of having a closure system designed.
IV. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with an approved workscope and for which closure is actively being pursued.
V. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.
VI. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is available.
VII. Facilities which show low concentrations of groundwater contamination in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.
Source.
1996, 251:2. 1999, 347:10-12, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:50 - Applicability; Reimbursement of Eligible Costs.

149-M:50 Applicability;  Reimbursement of Eligible Costs. –
The department shall determine the eligible costs of each municipal solid waste landfill completed between fiscal year 1985 and fiscal year 1995 in accordance with the records on file at the department pertaining to each such closure and its eligible costs and for the closure of the waste-to-energy incinerators operated by the Lamprey Regional Solid Waste Co-operative and the city of Portsmouth, and eligible municipal incinerators which ceased operating prior to July 1, 1998. The department shall assume 20 percent of such eligible costs and the interest cost related to that 20 percent on bonds issued on such projects beginning on July 1, 1995 for landfills and July 1, 1998 for incinerators. The department shall determine the amount due for such eligible costs prior to July 1, 1995 for landfills and July 1, 1998 for incinerators and, with prior approval of the joint legislative fiscal committee and the governor and council, reimburse each municipality subject to the funds as appropriated by the legislature for this purpose.
Source.
1996, 251:2. 1999, 347:13, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:51 - Definitions.

149-M:51 Definitions. –
In this subdivision:
I. "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a product containing mercury or an importer or domestic distributor of a product containing mercury produced in a foreign country. In the case of a multi-component product containing mercury the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor.
II. "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, and items of apparel, including footwear.
III. "Mercury-added product" means a product or a product with a component that contains mercury or a mercury compound intentionally added to the product or component in order to provide a specific characteristic, appearance, or quality or to perform a specific function or for any other reason.
IV. "Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.
IV-a. "Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit, including mercury displacement relays, mercury wetted reed relays, and mercury contact relays.
IV-b. "Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve, including mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors. "Mercury switch" shall not include a mercury-added thermostat.
IV-c. "Mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment.
V. "Product containing mercury" means any product or any product with a component that contains mercury or a mercury compound from any source or cause, whether intended or unintended, including, but not limited to, a mercury-added product and a product manufactured using mercury.
Source.
2000, 278:2, eff. Jan. 1, 2001. 2007, 105:1, eff. Aug. 10, 2007. 2008, 383:2, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:52 - Notification.

149-M:52 Notification. –
I. Six months after the effective date of this section no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in this state without prior notification in writing by the manufacturer of the product to the department in accordance with the requirements of this section. Such notification shall at a minimum include:
(a) A brief description of the product to be offered for sale, use, or distribution.
(b) The amount of and purpose for mercury in each unit of the product reported as an exact number or average per product with an upper and lower limit unless waived by the department due to confidentiality or practical considerations.
(c) The name and address of the manufacturer, and the name, address, and telephone number of a contact person for the manufacturer.
(d) The total amount of mercury contained in all mercury containing products sold in the United States, provided either by individual manufacturers or aggregated for an industry by a trade group.
II. With the approval of the department, the manufacturer may supply the information required above for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The department may define and adopt specific requirements in accordance with RSA 541-A for the content and submission of the required notification.
III. Any information furnished pursuant to the requirements of this section, which, as certified by the manufacturer, relates to production or sales figures or to processes or production unique to the manufacturer or which would tend to affect adversely the competitive position of the manufacturer, shall be only for the confidential use of the department and the interstate clearing house in the administration of this section, unless the manufacturer shall expressly agree to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such information by the department and the interstate clearinghouse in compiling or publishing analyses or summaries relating to the amount and effect of mercury in products and the environment; provided that the analyses or summaries do not identify any manufacturer or reveal any information otherwise confidential under this section.
IV. This section shall not apply to prescription drugs or any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et. seq.
Source.
2000, 278:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:54 - Limitations on the Use of Elemental Mercury.

149-M:54 Limitations on the Use of Elemental Mercury. –
As of the effective date of this section, no person shall sell or provide elemental mercury to another person in this state without providing a material safety data sheet, as defined in 42 U.S.C. section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:
I. Will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes;
II. Understands that mercury is toxic and that the purchaser will store, use, and otherwise handle and dispose of it in accordance with state and federal law; and
III. Will not place or allow anyone under the purchaser's control to place the mercury or cause the mercury to be placed in solid waste for disposal or in a wastewater disposal system.
Source.
2000, 278:2, eff. Jan. 1, 2001. 2007, 105:3, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:55 - Public Education and Outreach.

149-M:55 Public Education and Outreach. –
I. The department shall implement a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, dismantlers, institutions, and schools on the hazards of mercury, the requirements and obligations of individuals, manufacturers, and agencies under this subdivision, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The department shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs.
II. The department shall cooperate with the neighboring states and provinces and regional organizations in the northeastern United States and Canada on developing outreach, assistance, and education programs, where appropriate.
Source.
2000, 278:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:56 - Interstate Clearinghouse.

149-M:56 Interstate Clearinghouse. –
The department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this subdivision and to help coordinate reviews of the manufacturers' notifications regarding mercury-added products, applications for phase-out exemptions, reviews of the collection plans, the disclosures of mercury content, applications for alternative labeling, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products; a file on all exemptions granted by the states; and a file of all the manufacturers' reports on the effectiveness of their collection systems.
Source.
2000, 278:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:57 - State Review.

149-M:57 State Review. –
The department shall, in consultation with the Committee on the Environment of the Conference of New England Governors and Eastern Canadian Premiers, review the effectiveness of this subdivision no later than 4 years after the effective date of this section and shall provide a report based upon that review to the governor and the legislature. The report shall review the effectiveness of the programs required under the subdivision and may contain recommendations for improving them.
Source.
2000, 278:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:58 - Disposal Ban.

149-M:58 Disposal Ban. –
I. No person shall knowingly dispose of mercury-added products in solid waste landfills, transfer stations, or incinerators.
II. Owners and operators of solid waste landfills, transfer stations, and incinerators may develop programs to sort, collect, and recycle or dispose of mercury-added products in accordance with applicable laws and regulations.
III. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure the proper separation and recycling or the disposal as a hazardous waste of any discarded mercury-added product.
IV. After proper separation of mercury-added products, each person who discards that waste shall either:
(a) Set that waste in a designated area for collection by a hauler who shall deliver that waste to a facility that is legally authorized and permitted to accept that waste; or
(b) Deliver that waste to a facility that is legally authorized and permitted to accept that waste.
V. Owners and operators of solid waste landfills, transfer stations, and incinerators shall not be found to have knowingly accepted or disposed of mercury-added products if, at a minimum, the facility has implemented all of the following mechanisms:
(a) Posting of signs at the facility providing notice of the prohibition against the disposal of mercury-added products.
(b) Written notification to, or agreements with, the facility's customers, providing notice of the prohibition against the disposal of mercury-added products.
(c) Implementation of a procedure, approved by the department, for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and for separating out observed mercury-added products for return to the generator, recycling, or disposal as a hazardous waste.
(d) Provide customers with information about collection programs or facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.
VI. This section shall not apply to prescription drugs or any substance regulated by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. section 301 et seq. or to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. section 262 et seq.
Source.
2007, 279:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:59 - General Permit for Motor Vehicle Salvage Facilities.

149-M:59 General Permit for Motor Vehicle Salvage Facilities. –
I. The department shall establish a general permit for maintaining and operating a motor vehicle salvage facility. The general permit shall cover all motor vehicle salvage facilities that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.
II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle salvage facility to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:
(a) Fluids, including gasoline, oil, antifreeze, and other regulated substances.
(b) Solid waste.
(c) Hazardous waste.
(d) Universal waste.
(e) Refrigerants and other potential air pollutants.
(f) Other regulated substances, materials, and waste.
III. The owner of a facility seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:
(a) Facility name, location, and description.
(b) Name, mailing address, and telephone number of the facility owner, facility operator, and land owner.
(c) A copy of the local license when required under RSA 236:111 through RSA 236:129 or a signed statement explaining why a local license has not been issued.
(d) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section or, if the facility is not in compliance, a proposed plan and schedule for achieving compliance within a reasonable time.
(e) A dated, signed receipt showing that a copy of the required registration information has been submitted to local officials responsible for issuing local licenses under RSA 236:111 through RSA 236:129.
Source.
2008, 191:6, eff. Aug. 10, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:60 - General Permit for Operating a Motor Vehicle Crusher.

149-M:60 General Permit for Operating a Motor Vehicle Crusher. –
I. The department shall establish a general permit for operating a motor vehicle crusher. The general permit shall cover all motor vehicle crushers that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.
II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle crushing operation to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:
(a) Fluids, including gasoline, oil, antifreeze and other regulated substances.
(b) Solid waste.
(c) Hazardous waste.
(d) Universal waste.
(e) Refrigerants and other potential air pollutants.
(f) Other regulated substances, materials, and waste.
III. The owner of a motor vehicle crusher seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:
(a) Owner identification and contact information.
(b) Operator identification and contact information.
(c) For a stationary crusher:
(1) The name and location of the motor vehicle salvage facility where the crusher is permanently stationed.
(2) Confirmation that the motor vehicle salvage facility has registered to operate under the general permit established under RSA 149-M:59 or holds a standard permit to operate issued under RSA 149-M:9.
(d) For a mobile crusher:
(1) The owner's principal place of business.
(2) A telephone number where the owner or operator can be directly contacted when the crusher is operating at other locations.
(3) The mobile crusher registration plate number and state issuing it.
(e) Description of the crusher, including:
(1) The make, model, and vehicle identification number.
(2) Description of the fluid collection and containment design features.
(f) A description of the scope of crushing-related services offered to customers, including whether the operator will drain fluids, dispose of fluids, evacuate refrigerants, or perform other end-of-life motor vehicle preparation services prior to crushing vehicles.
(g) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section.
Source.
2008, 191:6, eff. Aug. 10, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:62 - Regulation of Advanced Recycling.

149-M:62 Regulation of Advanced Recycling. –
I. The department shall regulate advanced recycling facilities as manufacturing facilities. An advanced recycling facility and the products and by-products of advanced recycling shall be subject to applicable statutes and departmental rules relative to air, water, waste, and land use. The department may enter and inspect any advanced recycling facility to determine whether storage of materials prior to advanced recycling is a nuisance or poses a threat to the environment. The department may utilize its enforcement authorities under RSA 149-M:15 to require abatement of the nuisance or threat if found. The department may enter and inspect any advanced recycling facility to ensure compliance with all applicable statutes and departmental rules relative to air, water, waste, and land use and take any enforcement actions necessary.
II. Products of advanced recycling shall not be considered "waste-derived products" or "refuse-derived fuel" and shall not be subject to the provisions of this chapter and rules created under its authority relating to waste-derived products and refuse-derived fuel, including but limited to the certification provisions of department of environmental services rule Env-Sw 1500.
III. Advanced recycling facilities shall give priority to utilizing post-use polymers and recovered feedstocks generated within the state.
Source.
2022, 224:10, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-M - Solid Waste Management › Section 149-M:63 - Reporting for Waste Reduction Goals.

149-M:63 Reporting for Waste Reduction Goals. –
For the purpose of reporting recycling rates, all advanced recycling facilities shall report the source of post-use polymers including the state or country of origin, the mass of post-use polymer processed, the mass of recycled product, the mass of residual material, and the mass of processed material used for fuel to the department. Recycled product shall not include any residual material, product used for fuel, or non-post-use-polymer feedstock converted to product.
Source.
2022, 224:10, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-R - Solid Waste Management Fund › Section 149-R:1 - Findings and Purpose.

149-R:1 Findings and Purpose. –
The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste and waste diversion methods, has become a matter of great concern. The general court hereby declares that the purpose of RSA 149-R is to assist communities, businesses, and the general public with their efforts to improve solid waste reduction and diversion activities.
Source.
2022, 226:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-R - Solid Waste Management Fund › Section 149-R:2 - Definitions.

149-R:2 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Department" means the department of environmental services.
III. "Fund" means the solid waste management fund established under RSA 149-R:3.
IV. "Solid waste" means solid waste as defined in RSA 149-M:4, XXII.
Source.
2022, 226:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-R - Solid Waste Management Fund › Section 149-R:3 - New Hampshire Solid Waste Management Fund and Grant Program Established.

149-R:3 New Hampshire Solid Waste Management Fund and Grant Program Established. –
I. There is hereby established the New Hampshire solid waste management fund to be used for the purposes of this chapter.
II. This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter. The state treasurer shall invest the moneys deposited in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund.
Source.
2022, 226:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-R - Solid Waste Management Fund › Section 149-R:4 - Purpose and Use of the Fund.

149-R:4 Purpose and Use of the Fund. –
I. The fund shall be used to provide matching grant funding to New Hampshire municipalities, private entities, and businesses for projects that will provide a demonstrated, significant improvement in waste diversion methods and contribute to a reduction of wastes, including hazardous waste materials, requiring disposal, including a regional or municipal materials recovery facility operated by a public or private entity, and other regional recycling efforts.
II. The fund may be used to hire consultants or contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.
III. The department is authorized to solicit funds from any source, including the United States Environmental Protection Agency and other federal agencies, gifts, donations of money, grants, legislative appropriations, or any matching funds and incentives. Notwithstanding RSA 4:8 and RSA 14:30, VI, the commissioner may accept and deposit such funds directly into the solid waste management fund to be used for the purpose described in RSA 149-R:4.
Source.
2022, 226:1, eff. July 1, 2022. 2023, 79:368, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-R - Solid Waste Management Fund › Section 149-R:5 - Rulemaking.

149-R:5 Rulemaking. –
The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to administering matching grants pursuant to RSA 149-R:4, I.
Source.
2022, 226:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 149-R - Solid Waste Management Fund › Section 149-R:6 - Biennial Report.

149-R:6 Biennial Report. –
The department shall include in its biennial report required under RSA 149-M:29, II, information relative to the activities and finances of the solid waste management fund.
Source.
2022, 226:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:1 - Declaration of Purposes.

151:1 Declaration of Purposes. –
The purposes hereof are to provide for the development, establishment and enforcement of basic standards for the care and treatment of persons in hospitals and other facilities in which medical, nursing or other remedial care are rendered, and for the construction, maintenance and operation of such facilities, which, in the light of existing knowledge, will ensure safe and adequate treatment of such persons in such facilities.
Source.
1947, 216:1, par. 1. RSA 151:1. 1979, 399:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-a - Repealed by 1979, 399:3, eff. Aug. 22, 1979.

151:2-a Repealed by 1979, 399:3, eff. Aug. 22, 1979. –
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-b - Home Health Care Provider and Individual Home Care Service Provider.

151:2-b Home Health Care Provider and Individual Home Care Service Provider. –
I. "Home health care provider" means any organization, business entity, or subdivision thereof, including a case management agency, whether public or private, whether operated for profit or not, which is engaged in arranging or providing, directly or through contract arrangement, one or more of the following: nursing services, home health aide services, or other therapeutic and related services which may include, but shall not be limited to, physical and occupational therapy, speech pathology, nutritional services, medical social services, personal care services, and homemaker services, which may be of a preventive, therapeutic, rehabilitative, health guidance or supportive nature to persons in their places of residence.
II. Home health care providers which provide only homemaker services and no other health care services as listed in paragraph I of this section shall be issued a license limiting their services to homemaker services.
III. Home health care providers that provide only personal care services and no other health care services as listed in paragraph I of this section shall be issued a license limiting their services to personal care services.
IV. "Home health care provider" does not include any organization or agency providing only services pursuant to the provisions of Title III, Part C, of the Older Americans Act; authorized by the department of health and human services pursuant to RSA 161-I; operating only a nutrition program under a federal social services block grant, or under the auspices of a private charity; or volunteer hospices that do not provide, directly or through contract arrangements, home health care services as defined in RSA 151:2-b, I.
V. "Individual home care service provider" means any individual not employed by a home health care provider licensed under RSA 151:2, I(b) who solicits and provides health support services, personal care services, or homemaker services for compensation to clients in their places of residence; provided that the client is not a family member.
Source.
1985, 302:2. 2000, 255:4, eff. June 12, 2000. 2012, 41:3, 4, eff. July 1, 2012. 2019, 287:2, eff. Sept. 17, 2019. 2022, 269:2, eff. Aug. 23, 2022.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-c - Prohibited Use in Corporate Name, Trade Name, or Service Mark.

151:2-c Prohibited Use in Corporate Name, Trade Name, or Service Mark. –
I. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign corporation or a foreign partnership which includes the words "home health care", "home care", or "visiting nurse" or any modification or derivative thereof in its corporate or business name or which includes the practice of providing home health care or visiting nurse services among the objects for which it is established unless the department of health and human services shall have issued, with respect to such applicant, a license pursuant to the provisions of this chapter or a letter certifying that the applicant has made application with the department for licensing under this chapter. A copy of either the license or the letter shall be presented to the secretary of state.
II. The secretary of state shall decline to register any trade name or service mark for a partnership, sole proprietorship, or association which includes the words "home health care", "home care", or "visiting nurse" or modifications or derivatives thereof in the firm or business name unless the department of health and human services shall have issued, with respect to such partnership, sole proprietorship, or association, a license pursuant to the provisions of this chapter or a letter certifying that such partnership, sole proprietorship, or association has made application with the department for licensing under this chapter. A copy of either the license or the letter shall be presented to the secretary of state.
III. No person who currently uses the words "home health care", "home care", or "visiting nurse" in a firm or business name may advertise or cause to be published an advertisement soliciting or offering that the person is a home health care provider as defined in RSA 151:2-b, I, unless such person obtains the requisite license required under this chapter.
Source.
1985, 302:2. 1995, 310:175, 181. 1997, 331:1, eff. Aug. 22, 1997.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:2-e - Special Health Care Service License Required; Rules; Funding.

151:2-e Special Health Care Service License Required;  Rules;  Funding. –
I. No person shall initiate any new special health care service without acquiring a special health care service license under this chapter.
II. In this chapter, "special health care service" shall include:
(a) Cardiac catheterization laboratory services;
(b) Open heart surgery or coronary artery bypass graft surgery; and
(c) Megavoltage radiation therapy.
III. (a) The commissioner shall adopt rules, pursuant to RSA 541-A, to specify:
(1) The requirements for equipment, personnel, training, operating, volume, and other criteria to assure the quality and safety for patients receiving each special health care service;
(2) The procedure for applying for and maintaining a special health care service license including, but not limited to, the frequency of licensing inspections, submission of information and data to evaluate the performance and ongoing operation of services and enforcement under this section; and
(3) The fees for applying for and maintaining a special health care service license in order to fully offset the cost to the department, including consultant fees and other related expenses necessary to process the application, and for any ongoing expenses to the department for maintaining a special health care service license.
(b) Any facility that provides a special health care service shall be in compliance with all applicable rules adopted pursuant to this chapter.
IV. The provisions of this chapter applicable to applicants and facilities licensed under RSA 151:2 shall apply equally to any person applying for or receiving a special health care service license under this section.
Source.
2016, 198:1, eff. July 1, 2016. 2019, 155:1, eff. July 1, 2019.