During the past two years the New Hampshire legislature has debated how to best protect nearby water bodies if there is a release or spill of the liquid called “leachate” at one of the state’s double-lined landfills. We have learned during these debates that the rules of the department of environmental services (DES) have done an admirable job of protecting these surface water resources, but there were those who raised concerns that the current minimum 200-foot buffer or “setback” between a landfill and surface water may not be adequate for some sites. In addition to surface waters concerns, deep groundwater flows may affect area lakes and rivers, so scientific study is needed for DES to be able to determine appropriate, site-specific setback requirements determined by potential leaks into groundwater flows. We originally sponsored Senate Bill 227 to address the need for this study.

There have been several well-meaning bills offered by legislators over the past few years to enhance protection of surface water, but they have all failed because they have not taken a comprehensive scientific approach to the issue. In some instances, the bills tried to substitute the legislature’s judgment for DES’s scientific expertise which made many legislators uncomfortable. As we witnessed these unsuccessful efforts we began to look for ways to update DES’s setback rules consistent with scientific principles.

We believe we have found the solution with Senate Bill 61 which our committee has amended by incorporating SB 227. Until the introduction of SB 61 as amended there was a sharp division between environmental advocacy groups and professional hydrogeologists and the business community over the right approach to surface water setbacks, and DES was neutral about previous proposals. By contrast, DES has testified in favor of SB 61 this year and business organizations and hydrogeologists support it. Most environmental advocacy groups have voiced no opposition to it. It was largely because of the consensus about the overall merit of the bill that the Senate Energy and Natural Resources Committee voted unanimously that the full senate ought to pass SB 61.

There are two key features to the bill that seem to have created this consensus. The first is that DES is directed to take into account all of the factors scientific experts use to determine how water moves through soils in formulating its rules. The second is a requirement that DES tailor the setback from surface water to the conditions at the landfill site, what the bill calls a “site-specific setback.” This addresses the concern of some that the current minimum 200-foot setback may not provide adequate protection of the environment at some sites.

Other features of the bill include:

• It gives DES general guidelines to use in adopting new rules but leaves the details to DES’s expertise.

• It creates incentive for landfill developers to go above and beyond standard landfill design requirements to provide even greater protection of surface water than is required by the rules.

• It authorizes DES to retain an independent consultant to study the existing rules and offer recommendations for new rules consistent with the principles in the bill.

The development of SB 61 is a good example of how legislation should be formulated in New Hampshire. Imperfect solutions have been weeded out and a responsible and effective proposal with broad support has emerged from the debate. We are proud of the work that has been done on this bill on both sides of the aisle and would like to express our sincere thanks to all who have contributed their expertise in crafting this important legislation.

Sen. Kevin Avard (R-Nashua) is the chair and Sen. David Watters (D-Dover) is the ranking member of the New Hampshire Senate Energy and Natural Resources Committee. They are co-sponsors of SB 61.

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