New Hampshire HB 1478: requiring the department of environmental services to revise the rules for proposed new landfills.

Bill Text

HB 1478-FN - AS AMENDED BY THE HOUSE

11Mar2026... 0975h

2026 SESSION

 26-2908

 08/05

HOUSE BILL 1478-FN

AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

SPONSORS: Rep. Potenza, Straf. 19; Rep. J. Aron, Sull. 4; Rep. Barbour, Hills. 35; Rep. Burroughs, Carr. 2; Rep. N. Germana, Ches. 15; Rep. Gruber, Ches. 16; Rep. S. King, Coos 4; Sen. Fenton, Dist 10; Sen. Ricciardi, Dist 9; Sen. Rochefort, Dist 1

COMMITTEE: Environment and Agriculture

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ANALYSIS

 The bill requires the department to modify rules to avoid significant harms to human health and the environment, and changes the enabling statute of the department of environmental services solid waste division to require the department to consider health and the environment when making future rules.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0975h 26-2908

 08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Statement of Purpose. The general court finds that protecting the health and safety of New Hampshire citizens, drinking water sources, and our environment, including drinking water wells, perennial rivers, lakes, and coastal waters, from contamination is of utmost public interest. Therefore, based on legislative intent informed by public and expert testimony from New Hampshire citizens and key stakeholders, the department of environmental services’ 800 rules for proposed new landfills are found to be insufficiently protective in certain sections. The following provisions provide the department with direction, policy changes, and purpose in rulemaking.

 2 New Subparagraph; Waste Management Rules. Amend RSA 149-M:7 by inserting after paragraph XV the following new paragraph:

 XV-a. Relative to the safe management of solid waste. Such rules shall promote the hierarchy established under RSA 149-M:3 and shall develop and enforce siting, design, operation, and closure requirements.

 3 New Paragraphs; Groundwater Protection. Amend RSA 149-M:9 by inserting after paragraph XV the following new paragraphs: 

 XVI. No solid waste permit shall be issued by any division of the department for the siting of a new landfill if any part of the actual solid waste disposal area is proposed to be located sufficiently close to any existing drinking water well, perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI, such that groundwater on the landfill site would be able to reach the water body within 5 years of migrating off-site due to any leak, spill, or other failure. 

 XVII.(a) The department shall establish a site-specific setback distance for any proposed new landfill from any drinking water wells, perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI. The setback distance shall be sufficient to prevent any contaminated groundwater at any part of the landfill footprint or leachate storage or piping infrastructure from reaching any existing drinking water wells, perennial river, lake, or coastal water of New Hampshire within 5 years. The setback distance shall be calculated as follows: 

 (1) The applicant shall hire a hydrogeologist who has never worked with or been contracted through a third party with any applicant’s current or previous projects, at the applicant's expense, to estimate based upon adequate and representative on-site field testing of both the landfill footprint and leachate storage or piping infrastructure, the velocity of groundwater in both surficial geological deposits and bedrock. The velocity shall be estimated by calculating the 95th percentile upper confidence limit of the mean measured rate, using the formula recommended by the United States Environmental Protection Agency at EPA 600-R-97/006. 

 (2) The 5-year distance-of-travel estimate shall be calculated by multiplying the velocity, in units of feet per year, by 5.

 (3) The setback from any existing drinking water well, perennial river, lake, or coastal water of New Hampshire shall be the greater of the 5-year distance-of-travel estimate calculated in subparagraph (2) or 1,500 feet. 

 (b) No permit shall be issued by any division of the department for the siting of a new landfill that fails to conform to the setback distance as calculated using the method set forth in subparagraph (a).

 (c) In this section, "n