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Proposal to cap out‑of‑state landfill waste draws legal and local pushback
Summary
Rep. Germana proposed capping out‑of‑state waste at 30% for existing landfills and 15% for new sites; waste industry and legal advisers warned of likely commerce‑clause challenges, while municipal commenters urged stronger oversight and limits to protect local water and infrastructure.
The committee considered HB 1138, a bill that would cap incoming out‑of‑state waste at 30% for existing landfills by 2030 and limit future new landfills to 15% out‑of‑state waste.
Sponsor Representative Nick Germana argued the state has become a depository for mattresses, textiles and other PFAS‑rich materials that neighboring states refuse to landfill. He framed the caps as limited measures to protect New Hampshire residents and to avoid becoming a long‑term dumping ground while preserving disposal capacity for in‑state waste.
Municipal speakers and volunteers said landfills leak leachate and that out‑of‑state loads worsen local cleanup obligations. Ray Breslin (Londonderry) asked for more oversight and argued the state should act to reduce imported waste.
Waste‑industry witnesses and permit officials urged caution. Henry Veilloux (Waste Management) and other industry representatives pointed to a history of legal challenges in other states under the dormant commerce clause and warned that attempts to restrict waste imports have been struck down by courts. They also described permit commitments that require landfill operators to provide capacity for the state and noted existing mechanisms — permit conditions and depletion schedules — that allow the department to prioritize in‑state waste.
The Department of Environmental Services did not take a position but flagged two implementation questions for legislative drafters: (1) how to treat expansions of existing permitted facilities (a modification that may require a new permit) and (2) whether the language inadvertently creates a legal discrimination that could be challenged in court. DES offered to provide prior Attorney General memorandum material on interstate commerce guidance to inform lawmakers.
What happens next: the committee closed the hearing without acting and recorded substantial online support for the bill; members asked staff to consult legal guidance and DES about statutory language and implementation details before any committee recommendation.
