New Hampshire Code of Administrative Rules Bea - Commissioner, Department of Business and Economic Affairs
New Hampshire Code of Administrative Rules — Ec-Wst: Waste Management Council
Overview
The Waste Management Council in New Hampshire is tasked with overseeing policies related to solid and hazardous waste management to protect public health, safety, and the environment. The Council advises the state Department of Environmental Services (DES) and coordinates efforts among agencies, municipalities, businesses, and the public.
Purpose and Authority
Develop and recommend statewide waste management strategies.
Promote waste reduction, recycling, and safe disposal practices.
Provide guidance on permitting, compliance, and enforcement issues.
Facilitate public education and stakeholder engagement.
Support implementation of state solid and hazardous waste laws.
Key Provisions of Ec-Wst Rules
1. Council Composition and Meetings
Members include representatives from relevant state agencies, local governments, environmental organizations, and waste industry stakeholders.
Meetings are held regularly and open to the public to encourage transparency.
2. Planning and Policy Development
The Council drafts and updates the State Solid Waste Management Plan.
Advises on best practices for waste reduction, recycling, and landfill management.
Coordinates with municipalities on waste collection, transport, and disposal.
3. Permitting and Compliance
The Council reviews and comments on permits for waste facilities.
Monitors compliance with solid and hazardous waste regulations.
Recommends enforcement actions when necessary.
4. Public Education and Outreach
Develops campaigns to increase public awareness of recycling and waste reduction.
Provides technical assistance to local governments and businesses.
5. Reporting and Accountability
Produces annual reports on waste management progress and challenges.
Tracks performance indicators such as recycling rates and landfill use.
Relevant Case Law
Case 1: Waste Facility Permit Challenge
Summary: A challenge was filed against the issuance of a landfill permit based on environmental concerns.
Holding: The court upheld the Department of Environmental Services’ decision after review of Council’s recommendations.
Reasoning: The Council’s expert advice is given significant weight, but final permitting authority rests with the DES.
Case 2: Enforcement of Waste Disposal Regulations
Summary: A company contested enforcement actions for improper hazardous waste handling.
Holding: Courts affirmed that violations of waste management rules justify penalties to protect public health.
Reasoning: Strict compliance with waste regulations is essential to prevent environmental harm.
Case 3: Public Participation and Transparency
Summary: Lawsuit challenged inadequate public notice before permit approval.
Holding: Courts emphasized that the Council and DES must follow public notice and hearing requirements to ensure transparency.
Reasoning: Public participation is a key component of environmental decision-making.
Case 4: Municipal Waste Management Authority
Summary: Dispute over local versus state jurisdiction in waste collection policies.
Holding: Courts recognized shared authority but upheld the Council’s role in coordinating statewide policy.
Reasoning: Effective waste management requires collaboration between state and local entities.
Summary
The Ec-Wst Waste Management Council plays a crucial advisory and coordinating role in New Hampshire’s waste management system. It develops policies, reviews permits, promotes compliance, and engages the public to safeguard the environment. Courts respect the Council’s expert input while affirming the regulatory authority of state agencies and the importance of procedural fairness and public involvement.
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