§ 149-R:5 — Solid Waste Disposal Surcharge

I. Beginning January 1, 2026, solid waste disposed of at a New Hampshire landfill, incinerator, or waste-to-energy facility shall be subject to a surcharge at the rate of $3.50 per ton. Notwithstanding RSA 149-M:4, XXII, materials used as cover at landfills shall not be subject to the surcharge.
II. Such surcharge shall be paid by the customer of a facility that holds a permit issued pursuant to RSA 149-M for a New Hampshire landfill, incinerator, or waste-to-energy facility. This surcharge will be paid by the customer in addition to any other disposal tipping fee collected by the disposal facility, and such disposal facility shall remit the surcharge quarterly to the department on forms and with supporting documentation as provided for in rulemaking conducted pursuant to RSA 149-R:6, I, II, and III.
III. The first payment of the surcharge shall be due to the department no later than April 30, 2026, and within 30 days of each quarter's end thereafter.
IV. The department shall deposit surcharges collected under this section into the fund.
V. Failure to pay surcharges within 30 days of the date due shall result in the assessment of interest at a rate established by rule pursuant to RSA 149-R:6, VII. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the fund.

Legislative History

2022, 226:1, eff. July 1, 2022. 2025, 141:176, eff. July 1, 2025.