By Thomas P. Caldwell, InDepthNH.org

CONCORD — The state Department of Environmental Services is moving forward with plans to realign its waste management efforts to focus on reducing the amount of trash that ends up in landfills.

Proposed new rules that would make it easier to compost food received praise during a public comment period that ended on Dec. 20.

Jacqueline Elliott, a New Hampshire native now living in Waterboro, Maine, was encouraged by the direction the department seems to be taking, saying it is time to focus on front-end solutions rather than “end-of-the-pipe measures that focus on mitigating the harm of pollution that results from poor management of solid waste.”

Testifying during a hearing on Dec. 13, Elliott said “this is perhaps one of the most encouraging hearings I’ve participated in. … The reason I talk trash on both sides of the border is that the corporate interests in Maine and New Hampshire are the same corporate interests that have imprisoned what happens to waste in our two states.”

Rebecca MacKenzie of Claremont, a member of NH Healthcare Workers for Climate Action, said every citizen is going to be impacted by the challenges to the waste system.

“I really appreciate the possibility of movement forward to develop a zero-waste economy,” MacKenzie said. “It’s important for reducing methane, which is much more dangerous to our environment than carbon dioxide, and is adding to the climate crisis. Composting also helps increase the local economy by developing opportunities for business startups.”

Hugh Curley of Epsom, a selectman and chair of the BCEP Solid Waste District serving Barnstead, Chichester, Epsom, and Pittsfield, also praised the composting plan, saying, “We have to get to more composting. … We need to limit the amount of material we’re putting into our landfills.”

He warned, however, that oversight and technical assistance are important to ensure that operators understand what is required for successful composting.

Mike Nork, an administrator within the Waste Management Division, said the department would like to engage in training and assistance, “based on our capacity to do so,” but noted that it is not part of the current rulemaking process.

The hearing focused on just the rule changes, some of which would make it less burdensome to engage in composting. It would allow small-scale composting facilities, such as food waste drop-off facilities, to operate without a permit as long as the facility would store no more than one cubic yard, or 200 gallons, at any time, and later transfer the food waste to a composting facility. Community composting facilities would be allowed as much as five cubic yards of solid waste during any thirty-day period.

New rules specify where such composting facilities could be located to protect against pollution of wells, wetlands, and surface waters, and require that they be designed to allow access by equipment on a year-round basis. Testing is required, with the records preserved for state inspection.

For the first time, the state would allow the composting of meat and dairy products, but with stipulations to ensure that any pathogens would be eliminated. MacKenzie opposed allowing meat and dairy products, saying it could contaminate the composting operations.

Jonathan Remillard of Derry said he was confused by the new rules that no longer require people to be certified operators, but do require larger operations to obtain permits. Those already certified as operators can maintain certification by attending 2.5 hours of training each year, but that training is voluntary.

Meanwhile, the Solid Waste Working Group that is reviewing how the state regulates trash held its second meeting, with monthly meetings to take place starting in February. December’s meeting was a chance for the members to learn about the existing procedures and some of the legislative proposals that will be under consideration.

Chair Karen Ebel, a Democrat representing Merrimack in the N.H. House, is sponsoring some legislation herself, and Rep. Howard Pearl (R-Loudon) ran through the bills he was aware of. No Senate proposal had emerged in bill form at the time of the meeting.

Pearl said HB 1111 calls for a study of producer responsibility. HB 1121 would govern new solid waste sites, addressing permits and financial responsibility. HB 1134 would require the proper labeling of disposable lights. HB 1420 would prohibit new landfills until the state adopts a new solid waste plan. HB 1454 would establish siting requirements in relationship to bodies of water. HB 1474 addresses the solid waste practices of state agencies.

Michael Wimsatt, director of the Solid Waste Bureau, gave an overview of his department’s work, including an update of solid waste goals. He noted that the bureau is focusing on waste diversion with a goal of a 25 percent reduction in the amount of waste going to landfills by 2030, and 45 percent by 2050, based on 2018 numbers.

Wimsatt noted that the original goal was to reach a 40 percent reduction by 2000, but he said they had not been able to achieve that goal because there was no standard reporting procedure to determine the amount of waste. The state has relied on individual haulers or communities to report their tonnage, but those figures could not be verified. Today, solid waste operators must be certified and comply with reporting requirements.

In reviewing applications for new landfills, the Waste Management Division must determine a public benefit, so applicants are required to demonstrate that a need exists, show that the facility can assist the state in meeting those needs, and must support the state’s goals.

Responding to questions about out-of-state solid waste, Wimsatt said the rules allow the bureau to consider only New Hampshire’s solid waste needs when deciding upon an application, even though statistics show that half of the material going into the landfills comes from outside the state.

The committee discussed Massachusetts’ goal of cutting its disposal capacity by 50 percent, which means sending more of the Bay State’s waste to other states.

“A lot of states are not fulfilling their roles to handle the capacity in their state,” Wimsatt said.

Ebel commented, “Other states are going to the mat to reduce their waste and shut down landfills, and we haven’t done an update of our solid waste plan since 2003, so we have a lot of work to do.”

The Solid Waste Working Group, she said, has the task of “identifying issues we think need fixing or tweaking. That public benefit section of the statute is key, and the diversion goals, all within the framework of the law.”

The group is required to file its initial report with the state by October 1, 2022.

T.P. Caldwell is a writer, editor, photographer, and videographer who formed and serves as project manager of the Liberty Independent Media Project. Contact him at liberty18@me.com.