Lawmakers refine landfill rules: net-benefit review, third-party assessments and leachate plans considered

Representative- and agency-led discussions in the House Environment & Agriculture Committee’s Solid Waste Subcommittee this week focused on tightening how New Hampshire reviews proposed new landfills and on strengthening operators’ leachate-management plans.

A trio of bills under consideration would: (1) create an initial screening step for landfill permits that requires DES to determine whether a "net public benefit" exists before a full technical review; (2) allow DES to accept and evaluate pending applications for completeness during a moratorium without triggering automatic approval; and (3) require more-detailed leachate-management plans and contract disclosures from applicants.

DES Waste Division Director Mike Wimsatt advised the subcommittee multiple times during the session. On the two-stage review he told members that "if changes in policy through law or administrative rule were made during that time, it would be necessary for the landfill applicant, permit applicant to amend the application." Wimsatt said the department commonly consults with other agencies and recommended language allowing DES to consult the Departments of Transportation, Business and Economic Affairs, and Natural and Cultural Resources when evaluating traffic, economic and tourism impacts associated with a proposed site.

Representative Peter Germana led drafting of the amendment to HB215 (landfill…