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RSA 149-M:27 · Disposal Prohibited

Title
X: PUBLIC HEALTH
Chapter
149-M · SOLID WASTE MANAGEMENT
Status
current
Official source linked
Yes
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149-M:27 Disposal Prohibited. –

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I.

If the department finds that an emergency exists requiring immediate action to protect the public health, it may issue an order suspending all or any part of this section during such emergency.

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II.

(a) No person shall dispose of any wet-cell batteries, lithium-ion batteries, or electronic devices in any solid waste landfill facility or incinerator in New Hampshire.

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(b)

Owners or operators of such facilities shall not be found to have knowingly disposed of wet-cell batteries, lithium-ion batteries, or electronic devices, if the facility has implemented mechanisms to avoid such disposal. These mechanisms shall include, at a minimum:

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(1)

Posting informational signs at the facility giving notice of the disposal prohibition; or

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(2)

Providing written notification to, or entering into agreements with, the facility's customers regarding the disposal prohibition.

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(c)

Municipalities, solid waste districts, and owners or operators of solid waste landfill facilities and incinerators shall make available educational materials on safe handling and recycling of wet-cell batteries, lithium-ion batteries, and electronic devices. Such entities should provide recycling opportunities for such batteries and devices, as possible.

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III.

(a) No leaf or yard waste shall be disposed of in a solid waste landfill or incinerator including any waste-to-energy facility. Any person who violates this paragraph shall be subject to the penalties and enforcement provisions of RSA 149-M:15 and 16.

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(b)

Subparagraph (a) shall not apply to municipalities organized under RSA 53-A or RSA 53-B, if application of the paragraph would cause the municipality to violate or incur penalties under legal obligations existing on January 1, 1993.

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(c)

Subparagraph (a) shall not apply to municipalities organized under 1986, 139, or entities with which such municipalities contract until June 30, 2009.

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(d)

Solid waste landfills and incinerators shall not be in violation of subparagraph (a) if, at a minimum, the facility has implemented any of the following:

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(1)

Posting signs at the facility providing notice of the prohibition against disposing of leaf and yard waste.

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(2)

Written notification to, or agreements with, the facility's customers providing notice of the prohibition against disposing of leaf and yard waste.

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(3)

Implementation of a procedure for periodically monitoring incoming waste to detect leaf and yard waste at the facility and a process to notify customers that they have delivered such waste in violation of subparagraph (a).

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IV.

[Repealed.]

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V.

(a) Beginning February 1, 2025, any person generating one ton of food waste per week or greater shall not dispose of such waste in a landfill or incinerator provided that:

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(1)

An alternative facility authorized to manage food waste consistent with the provisions of subparagraph (b) is located within 20 miles of the point of generation; and

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(2)

The alternative facility has adequate capacity to accept the food waste.

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(b)

Food waste prohibited from disposal under subparagraph (a) shall be separated from other types of solid waste and managed in accordance with one or more of the following methods, in order of preference:

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(1)

Reduction of the amount generated at the source;

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(2)

Consumption by humans;

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(3)

Consumption by animals;

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(4)

Composting, digestion, or land application as appropriate; and

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(5)

Energy recovery not involving combustion. Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m; 261:12, eff. Aug. 9, 1996 at 12:01 a.m. 2005, 265:6, eff. July 22, 2005. 2006, 171:2, eff. July 1, 2006. 2009, 126:3, eff. June 22, 2009. 2023, 79:352, 353, eff. Jan. 1, 2024. 2024, 369:1, 6, eff. July 1, 2025.

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Source note

Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m; 261:12, eff. Aug. 9, 1996 at 12:01 a.m. 2005, 265:6, eff. July 22, 2005. 2006, 171:2, eff. July 1, 2006. 2009, 126:3, eff. June 22, 2009. 2023, 79:352, 353, eff. Jan. 1, 2024. 2024, 369:1, 6, eff. July 1, 2025.

Source history

  • 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m; 261:12, eff. Aug. 9, 1996 at 12:01 a.m
  • 2005, 265:6, eff. July 22, 2005
  • 2006, 171:2, eff. July 1, 2006
  • 2009, 126:3, eff. June 22, 2009
  • 2023, 79:352, 353, eff. Jan. 1, 2024
  • 2024, 369:1, 6, eff. July 1, 2025

Related materials

Bill relationships

  • 2026 HB1138 amend

    into New Hampshire landfills. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Out-of-State Solid Waste; Limited. Amend RSA 149-M by inserting after section 9 the following new section: 149-M:9-a Out-of-State Solid Waste; Limited. By January 1, 2030, any landfill operator permitted under this chapter on or prior to December 31, 2025, shall acce

  • 2026 HB1141 reference

    except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the applicati

  • 2026 HB1141-FN reference

    except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the applicati

  • 2026 HB1189 amend

    evaluation committee. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of site

  • 2026 HB1189 reference

    posed waste acceptance rate greater than 100,000 tons per year. "Major solid waste disposal facility" does not include a facility designed to manage food waste in accordance with RSA 149-M:27, V(b)(1)-(5), or any facility proposed to be constructed by a New Hampshire municipal government. IX. “Filing” means the date on which the application is first submitted to the committee. X. “Person” means any ind

  • 2026 HB1189-FN reference

    posed waste acceptance rate greater than 100,000 tons per year. "Major solid waste disposal facility" does not include a facility designed to manage food waste in accordance with RSA 149-M:27, V(b)(1)-(5), or any facility proposed to be constructed by a New Hampshire municipal government. IX. “Filing” means the date on which the application is first submitted to the committee. X. “Person” means any ind

  • 2026 HB1189-FN amend

    evaluation committee. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of site

  • 2026 HB1198 amend

    duct stewardship program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision: Paint Product Stewardship Program 149-M:65 Definitions. In this subdivision: I. "Aerosol coating product" means a pressurized coating product containing

  • 2026 HB1198-FN amend

    duct stewardship program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Paint Product Stewardship Program. Amend RSA 149-M by inserting after section 64 the following new subdivision: Paint Product Stewardship Program 149-M:65 Definitions. In this subdivision: I. "Aerosol coating product" means a pressurized coating product containing

  • 2026 HB1282 amend

    od waste diversion. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Organic and Food Waste Diversion Commission. Amend RSA 149-M by inserting after section 7 the following new section: 149-M:7-a Organic and Food Waste Diversion Commission. I. There is established a commission to assist the department of environmental services in enacting a

  • 2026 HB1602 amend

    program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Safe Battery Collection and Recycling Stewardship. Amend RSA 149-M by inserting after section 64 the following new subdivision: Safe Battery Collection and Recycling Stewardship 149-M:65 Definitions; Stewardship Program Established. I. In this subdivision: (a) "Battery-containin

  • 2026 HB1602-FN amend

    program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Safe Battery Collection and Recycling Stewardship. Amend RSA 149-M by inserting after section 64 the following new subdivision: Safe Battery Collection and Recycling Stewardship 149-M:65 Definitions; Stewardship Program Established. I. In this subdivision: (a) "Battery-containin