TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-O
DEPARTMENT OF ENVIRONMENTAL SERVICES

Section 21-O:9

    21-O:9 Waste Management Council. –
I. There is established a waste management council consisting of the following, appointed by the governor and council, each of whom shall serve a 4-year term:
(a) A chairman, representing the public interest;
(b) Three municipal officials, at least 2 of whom shall be elected officials, representing the public interest, nominated by the New Hampshire Municipal Association;
(c) An expert in public health, representing the public interest;
(d) A local conservation commission member, representing the public interest, nominated by the New Hampshire Association of Conservation Commissions;
(e) A professor or assistant professor of environmental science or sanitary engineering, representing the public interest;
(f) A representative of the private waste management industries;
(g) A licensed sanitary or environmental engineer from private industry;
(h) A representative of the municipal public works field;
(i) A representative of the business or financial communities;
(j) [Repealed.]
(k) A representative of communities which recycle or recover solid waste, representing the public interest, nominated by the New Hampshire Resources Recovery Association; and
(l) A representative of private industries that generate hazardous waste.
II. One member of the council shall be elected vice chairman by the members of the council. All members shall be New Hampshire residents. The members representing the public interest shall not have any official or contractual relationship with, or receive any significant portion of their income from, any person subject to division of waste management permits or enforcement orders. Members shall disclose all potential conflicts of interest, and shall not vote on matters in which they have a direct interest. The council may elect other officers.
III. Council members shall receive no compensation except for mileage and other expenses incurred while performing council business. Mileage shall be paid at the rate set for state employees.
IV. The council shall consult with and advise the director of the division of waste management with respect to the policy, programs, goals and operations of the division, regarding its solid and hazardous waste management functions and responsibilities, with particular emphasis on long-range planning for the division regarding solid and hazardous waste management and on education of the public relative to the functions of the division regarding solid and hazardous waste management, on a continuing basis. In order to accomplish said purposes, the council shall meet with the director not less frequently than quarterly, or at the call of the chairman or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council.
V. The waste management council shall hear all administrative appeals from department decisions relative to the functions and responsibilities of the division of waste management, and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14.
VI. The director of waste management shall present all rules proposed to be implemented by the division of waste management to the waste management council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to proposed rules to the director of waste management and to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council.
VII. [Repealed.]

Source. 1986, 202:1. 1989, 341:1-4; 418:3. 1990, 195:5; 252:16, I. 1994, 412:9. 1995, 226:11. 1996, 228:8; 251:26. 2010, 354:5, eff. Sept. 18, 2010.