HB 1478 — requiring the department of environmental services to revise the rules for proposed new landfills.

HB 1478-FN - AS INTRODUCEDAMENDED SESSIONBY 26-2908THE 08/05 HOUSE BILL11Mar2026... 1478-FN AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

0975h SESSION 26-2908 08/05 HOUSE BILL 1478-FN AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

HB 1478-FN - AS INTRODUCEDAMENDED 26-2908BY 08/05THE STATEHOUSE OF11Mar2026... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

0975h 26-2908 08/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

No solid waste permit shall be issued by any division of the department for the siting of a new landfill if any part of the actual solid waste disposal area is proposed to be located sufficiently close to any existing drinking water well, perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI, such that groundwater on the landfill site would be able to reach the water body within 5 years of migrating off-site due to any leak, spill, or other failure.

The velocity shall be estimated by calculating the 95th percentile HB 1478-FN - AS INTRODUCEDAMENDED BY THE HOUSE - Page 2 - upper confidence limit of the mean measured rate, using the formula recommended by the United States Environmental Protection Agency at EPA 600-R-97/006.

The department shall not issue a permit for a new landfill or landfill expansion unless the applicant conducts subsurface investigations in sufficient numbers and locations to properly describe the surficial stratigraphy and the bedrock beneath and adjacent to the proposed solid waste boundary, at least to the depth of any aquifers currently used to provide drinking water to residents.

AllNo landfillpermit facilities shall havebe atgranted leastfor onea employeenew orlandfill contractedunless personnelundisturbed atin-situ soils for 20 feet immediately beneath the sitefootprint 24and hoursunderneath aall day,leachate 365storage daysand pertransfer year,infrastructure beginninghave froma themaximum datesaturated thehydraulic landfillconductivity beginsof accepting1 wastex and10^-4 continuingcentimeters untilper finalsecond(cm/sec) closure.or less.

XX.

No permit shall be granted for a landfill unless undisturbed in-situ soils for 20 feet immediately beneath the footprint and underneath all leachate storage and transfer infrastructure have a maximum saturated hydraulic conductivity of 1 x 10^-4 centimeters per second(cm/sec) or less.

XX.

No permit shall be granted for a new landfill unless the subgrade below the liner consists of soil with a saturated hydraulic conductivity of 1 x 10^-4 cm/sec or less.

NoAll permitreferences shallto benumber-year grantedstorm forevents aregarding new landfill unlesspermitting therequirements subgradein belowrelation theto linerdesign, consistsconstruction, ofand soilleachate withmanagement ashall saturatedhave hydraulicthe conductivityminimum value of 1a x50-year 10^-4storm cm/secmargin orof less.safety.

HB 1478-FN - AS INTRODUCED - Page 3 - XXII.

All references to number-year storm events regarding solid waste landfill permitting requirements in relation to design, maintenance, leachate management, etc., shall have the value of a 100-year storm with a 50 percent margin of safety.

XXIII.

The department shall incorporate the "Ford Act" found at 40 C.F.R.

258 into landfill permitting requirements, specifically the provision limiting the construction or establishment of municipal solid waste landfills within 6 miles of certain smaller public airports.

HB 1478-FN - AS AMENDED BY THE HOUSE - Page 3 - IX.

LBA 26-2908 11/30/253/31/26 HB 1478-FN- FISCAL NOTE AS INTRODUCEDAMENDED BY THE HOUSE (AMENDMENT # 2026-0975h) AN ACT requiring the department of environmental services to revise the rules for proposed new landfills.

Estimated Political Subdivision Impact FY 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 $0 $0 $0 County Expenditures $0 $0 $0 $0 Local Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Local Expenditures $0 Increase $10,000 Increaseto $10,000 Increaseto $10,000 to $600,000$100,000 to$100,000 $600,000$100,000 to $600,000 METHODOLOGY:

This bill requires the Department of Environmental Services (DES) to revise its landfill siting,siting design,and operation,groundwater andprotection closurerules rules,for proposed new landfills, including new setback, groundwater travel-time, subsurface investigation, hydraulic conductivity, and staffinghydraulic requirementsconductivity forrequirements. all new landfill proposals.

DESThe Department of Environmental Services (DES) states this bill will result in an increase in local expenditures.

The impact varies depending on whether a municipality currently owns or operates a landfill and whether it chooses to expand an existing landfill or propose a new one.

DES1. provided the following ranges:

1.MunicipalitiesMunicipalities that own a non-RCRA Subtitle D landfill and seek to expand it •may Estimatedincur additional cost:costs ranging from $10,000 to $100,000 in any year such expansion occurs due to expanded subsurface investigations required under the bill.

$10,000 to $100,000 per year • These costs stem from expanded subsurface investigations required under the bill.

Municipalities that owndo andnot operatecurrently own a landfill (anybut type)seek •Estimatedto additionalsite cost:a new one may incur one-time costs ranging from $10,000 to $100,000 for expanded subsurface investigations and groundwater analysis.

$100,000Additionally, tothe $500,000Department perstates yearthere •is Thisno additional cost reflectsto the bill’sState requirementas thatexisting landfillstaff facilitieswill maintainabsorb on-siteany personnelwork 24required hoursto perupdate day,rules 365within daysits percurrent year,budget. from the start of waste acceptance through final closure.

3.

Municipalities that do not currently own a landfill but seek to site a new one • One-time siting cost:

$10,000 to $100,000 for expanded subsurface investigations and groundwater work.

• Annual operational cost:

$100,000 to $500,000 per year for mandatory on-site staffing requirements.

DES notes that no counties currently own or operate landfills, therefore, there is no county fiscal impact.