Section 149-M:30 Cleanup of Waste Sites; Priorities; Rulemaking.


   I. (a) In addition to any other powers conferred upon cities, towns, districts and counties by this chapter or by RSA 147-B, cities, towns, districts, and counties shall have the power to finance costs incurred for the closing and cleanup of landfills and other solid waste facilities and for the closing and cleanup of hazardous waste sites, excluding Superfund sites, as provided in RSA 147-B. Considerations for determining priority for eligibility to incur debt in the form of bonds guaranteed by the state of New Hampshire for solid waste landfill closure and cleanup of hazardous waste sites shall be as follows, in order of highest to lowest priority:
         (1) Facility poses immediate risk to human health.
         (2) Facility poses potential risk to human health.
         (3) Facility with high level source of contamination identified.
         (4) Facility with surface water impact identified.
         (5) Facilities with approved closure plans ready for construction.
         (6) Facilities with closure plans that have been deemed complete.
         (7) Facilities for which hydrogeological investigations have been completed in accordance with an approved workscope and which have obtained a groundwater management permit and are actively engaged in the final design of the closure system.
         (8) Facility shows groundwater impact with no alternate water supply in area.
         (9) Facility shows high concentration of groundwater contamination with alternate water supply in area.
         (10) Facility shows low concentration of groundwater contamination with alternate water supply available.
      (b) Project priority may be adjusted by the commissioner when such adjustments are determined to be required to further protect public health and the environment.
   II. If the amount of bonds authorized in a given year exceeds the annual bond limit, the commissioner shall recommend allocation of the bond guarantees based on the priority ranking system under paragraph I.

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:3, eff. Aug. 17, 2007.