TITLE X
PUBLIC HEALTH

Chapter 147-C
HAZARDOUS WASTE FACILITY REVIEW

Section 147-C:1

    147-C:1 Definitions. –
In this chapter:
I. [Repealed.]
II. "Committee" means the municipal hazardous waste facility review committee.
II-a. "Department" means the department of environmental services.
III. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.
IV. "Facility" means any location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste has been generated.
V. "Governing body" means the board of selectmen, city council or board of aldermen.
VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:
(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or
(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;
(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.
VII. [Repealed.]
VIII. "Storage" means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.
IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

Source. 1981, 567:1. 1983, 227:7, 8, 20, I; 291:1, I. 1986, 158:7, 8; 202:6, I(e), 29, VI. 1996, 228:36, 107, eff. July 1, 1996.

Section 147-C:2

    147-C:2 Notification; Review Committee. –
I. When the department receives an application for a new hazardous waste facility, the department shall immediately notify the governing body of the municipality in which the facility is proposed to be located. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of the application shall accompany the notification.
II. Upon receipt of this notice, the governing body may appoint a municipal hazardous waste facility review committee. Members of the committee shall be appointed by a majority vote of the governing body.

Source. 1981, 567:1. 1983, 227:8. 1986, 158:9; 202:6, I(e). 1996, 228:107. 1998, 64:6. 1999, 53:5, eff. July 20, 1999.

Section 147-C:3

    147-C:3 Committee Membership. –
There shall be at least 5, but no more than 9, persons appointed to serve on the committee. At least one member shall be a chemical engineer if such a person is available for appointment. The governing body shall:
I. Appoint to the committee one or more members of:
(a) The planning board, if any,
(b) The board of adjustment, if any,
(c) The conservation commission, if any, and
(d) The fire department, if any; and
II. Appoint one of its own members to serve on the committee; and
III. Appoint one or more additional residents of the town to serve on the committee.

Source. 1981, 567:1. 1983, 137:15, eff. Aug. 6, 1983.

Section 147-C:4

    147-C:4 Duties of the Committee. –
I. The committee shall:
(a) Represent the town in the public hearing process relating to the facility's permit application;
(b) Have access to all information given to and comments made to the department, except that information relative to a facility application obtained by the department which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret shall not be disclosed to the committee without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality provided by the department. A "trade secret" means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it;
(c) Comprehensively study the immediate and long-term effects of proposed facilities on:
(1) The health and welfare of people in the vicinity of the facility;
(2) The environment; and
(3) The economy of the area in which the facility would be located; and
(d) Submit a report to the department within 30 days of the end of the public hearing process containing the committee's recommendations regarding the proposed facility, including a recommendation as to whether or not the permit should be granted.
II. The committee shall hold public hearings regarding the proposed facility. The committee shall provide notice of the public hearings by publication in at least one newspaper of general circulation in the community at least 2 weeks prior to the public hearing. The committee shall notify individuals owning property which abuts the proposed facility site of the public hearing in writing by certified mail, return receipt requested.

Source. 1981, 567:1. 1983, 227:8. 1986, 158:10; 202:6, I(e). 1989, 398:6. 1996, 228:107, eff. July 1, 1996.

Section 147-C:5

    147-C:5 Funds. – The committee may accept private, state or federal funds to pay for independent investigations on proposed sites and for other purposes associated with this chapter.

Source. 1981, 567:1. 1986, 158:11, eff. July 27, 1986.

Section 147-C:6

    147-C:6 Committee's Powers. – This chapter shall not be deemed to permit the committee to preempt the powers of any local board or other local authority relative to the regulation of zoning and planning.

Source. 1981, 567:1, eff. June 30, 1981.

Section 147-C:7

    147-C:7 Rehearing. –
I. If the department issues a permit to a facility which, in the judgment of the committee, does not adequately protect the health and safety of the residents of the town, the committee may appeal to the waste management council established under RSA 21-O:9 for review in accordance with rules adopted by the council under RSA 21-O:14, IV. A petition for review shall specify the contested issues.
II. Such an appeal shall take precedence over other time schedules in rules adopted by the council.
III. The waste management council shall provide for a rehearing upon the issues specified by the committee. The rehearing shall take place within 30 days of the committee's request for a rehearing.
IV. The council shall issue a decision within 15 days of the rehearing.

Source. 1981, 567:1. 1983, 227:8. 1986, 158:12; 202:6, I(e). 1989, 341:7. 1996, 228:37, eff. July 1, 1996.