Date: July 22, 2007
Source: News Room
Signed by the Governor on 07/13/07; Eff. Date 09/11/07, Chapter 0308
SENATE BILL 71
AN ACT relative to setback requirements for new landfills located near designated rivers.
SPONSORS: Sen. Hassan, Dist 23; Sen. Cilley, Dist 6; Sen. Fuller Clark, Dist 24; Sen. Odell, Dist 8; Rep. Tupper, Merr 6; Rep. Powers, Rock 16; Rep. Drisko, Hills 5
COMMITTEE: Energy, Environment and Economic Development
ANALYSIS
This bill increases the setback requirements for new landfills located near designated rivers, making the rural rivers protection similar to the current natural river protection language.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to setback requirements for new landfills located near designated rivers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Natural Rivers Protection. Amend the introductory paragraph of RSA 483:9, VI and RSA 483:9, VI (a) and (b) to read as follows:
VI. Any new solid waste storage or treatment facility, as defined in RSA 149-M:4, [XI] IX shall be set back a minimum of 250 feet from the normal high water mark of a designated natural river or segment and screened with a vegetative or other natural barrier to minimize visual impact, except:
(a) New solid waste landfills shall not be permitted within the corridor of a designated natural river or segment, or less than 100 feet from the landward extent of the 500 year floodplain, whichever distance is greater, and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact;
(b) Expansion of existing[, permitted and secure] solid waste landfills shall not [be expanded] occur within the 500 year floodplain of a designated natural river or segment and any expansion of such a landfill located within the corridor of a designated natural river or segment shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and screened from the river with a vegetative or other natural barrier to minimize visual impact.
2 Rural River Protection; Landfill Setback. Amend RSA 483:9-a, VII to read as follows:
VII. Any new solid waste storage or treatment facility, as defined in RSA 149-M:4, IX shall be set back a minimum of 250 feet from the normal high water mark of a designated rural river or segment and shall be screened with a vegetative or other natural barrier to minimize visual impact, except:
(a) New solid waste landfills shall not be permitted within [the 500 year floodplain of a designated rural river or segment and any new solid waste landfill located within] the corridor of a designated rural river or segment [shall be set back a minimum of] or less than 100 feet from the landward extent of the 500 year floodplain, whichever distance is greater, and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact.
(b) New solid waste landfills may be permitted within the city of Rochester within the corridor of the segment defined in RSA 483:15, XIV(c), and if located in the river corridor shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact;
(c) Expansion of existing solid waste landfills shall not occur within the 500 year floodplain of a designated rural river or segment, and any expansion of such a landfill shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact;
[(b)](d) Any land application within the river corridor of septage, sludge, or solid waste, as defined in RSA 149-M:4, XXII, shall be set back a minimum of 250 feet from the normal high water mark and shall be immediately incorporated into the soil. The provisions of this subparagraph shall not apply to manure, lime, or wood ash when used for agricultural purposes;
[(c)](e) An existing solid waste facility which is located within 250 feet of the normal high water mark of a designated rural river or segment may continue to operate under an existing permit provided it does not cause degradation to an area in excess of that area under permit at the time of designation; and
[(d)](f) The department may permit a resource recovery operation at an existing landfill located within 250 feet of the normal high water mark of a designated rural river or segment.
3 Effective Date. This act shall take effect 60 days after its passage.
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