DEPARTMENT OF ENVIRONMENTAL SERVICES

RSA tit. I, ch. 21-O

in effect

RSA 21-O:1 Establishment; General Functions.

21-O:1. Establishment; General Functions. I. There is established the department of environmental services, an agency of the state under the executive direction of the commissioner of environmental services. II. The department of environmental services, through its officials, shall be responsible for the following general functions: (a) Water pollution control. (b) Water supply protection. (c) Regulation of waste disposal generally, and as it affects water quality. (d) Maintenance of state owned dams. (e) Inspection of dams. (f) Flood control. (g) Air pollution control. Source. 1986, 202:1, eff. July 1, 1986.

RSA 21-O:1-a Revolving Fund.

21-O:1-a. Revolving Fund. In order to enhance its ability to provide education and training assistance to municipalities, regional agencies, persons subject to regulation by the department, and the public a nonlapsing revolving fund, which shall not exceed $30,000 on June 30 of each year, shall be established in the department of environmental services. Any amounts in excess of $30,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. The moneys in this fund shall be used for the purposes of: I. Producing materials for distribution. A reasonable charge shall be established for each copy of a document. This charge shall be only in the amount necessary to pay the cost of creating and producing such document. II. Providing training and educational materials to local and regional officials, and persons subject to regulation by the department. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training material, rental of facilities, and advertising and other associated costs. Such training shall be conducted in a geographically dispersed manner and scheduled with the convenience of part-time officials in mind. III. Implementing training courses for and administering tests for certification of solid waste operators, as provided under RSA 149-M:6, XIII. IV. Producing geologic and other publications in electronic media format. A reasonable charge shall be established for electronic publications. V. Providing educational materials to the general public that promote an awareness and understanding of issues critical to improving and protecting public health and a healthy environment. VI. Cooperative efforts with the private sector for the purpose of bulk brochure distribution, familiarization tours, promotional programs, trade shows, and other projects generally recognized as beneficial to protecting and restoring the environment and public health in New Hampshire. All income received from participation in cooperative promotional programs, familiarization tours, trade shows, brochure distribution projects, and other promotional opportunities which become available shall be deposited into the fund. Source. 1990, 215:1. 1991, 360:5, 6. 1996, 251:5. 2005, 220:1; 288:2. 2009, 167:1, eff. June 30, 2009.

RSA 21-O:1-b Time Limits for Department Action on Applications, Petitions, and Requests.

21-O:1-b. Time Limits for Department Action on Applications, Petitions, and Requests. The provisions of RSA 541-A:29-a shall not apply to any federally funded program administered by the department to the extent a default approval granted under RSA 541-A:29-a would conflict with federal law. Source. 2018, 279:23, eff. Jan. 1, 2019.

RSA 21-O:2 Commissioner; Assistant Commissioner; Directors; Chief Operations Officer; Compensation.

21-O:2. Commissioner; Assistant Commissioner; Directors; Chief Operations Officer; Compensation. I. The commissioner of the department of environmental services shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years. The commissioner shall be qualified to hold that position by reason of education and experience. II. The commissioner of environmental services shall nominate an assistant commissioner for appointment by the governor, with the consent of the council, who shall serve for a term of 4 years. The assistant commissioner shall be qualified to hold that position by reason of education and experience. The assistant commissioner shall have overall responsibility for all planning functions of the department and shall perform such other duties as the commissioner may assign. The assistant commissioner shall perform the duties of the commissioner if for any reason the commissioner is unable to do so. III. Division directors shall be appointed to terms of 4 years. (a) The commissioner shall, after consulting with the water council, nominate for appointment by the governor and council a director of the division of water. The nominee shall have a baccalaureate or master's degree from an accredited college or university and shall have a minimum of 5 years' responsible experience in the administration of sanitary or environmental engineering programs in the public or private sector. (b) The commissioner shall, after consulting with the air resources council, nominate for appointment by the governor and council a director of air resources. Each nominee shall hold a baccalaureate or master's degree from a recognized college or university with a major study in environmental sciences, chemistry, engineering, public health, public administration, or a related field, and have 5 years' experience in a high supervisory or administrative position in a public or private agency engaged in air quality, air pollution control, environmental planning, engineering project management, or a related discipline. (c) The commissioner shall, after consulting with the waste management council, nominate for appointment by the governor and council a director of waste management. Each nominee shall hold a baccalaureate or master's degree from a recognized college or university with major study in environmental sciences, chemistry, civil engineering, public health, public administration, or a related field, and have 5 years' experience in a high level supervisory or administrative position in a public or private agency engaged in waste management, environmental health, or a related discipline. III-a. The commissioner shall nominate for appointment by the governor and council a chief operations officer of the commissioner's office who shall serve for a term of 4 years. The chief operations officer shall oversee and coordinate the activities of the administrative services unit and shall be responsible for the following functions: (a) Preparing agency budget requests. (b) Carrying out the directives of the commissioner and assistant commissioner. IV. The commissioner, or assistant commissioner, as designated by the commissioner, shall be responsible for the following functions: (a) Developing and implementing procedures for assuring smooth operation of the various units within the commissioner's office; (b) Ensuring compliance with directives and procedures by the governor and general court; and (c) Implementing audit recommendations concerning the commissioner's office units. V. The salaries of the commissioner, the assistant commissioner, the chief operations officer, and each division director shall be as specified in RSA 94:1-a. Source. 1986, 202:1. 1990, 112:1. 1991, 355:8-10. 1996, 228:4, 113, I. 2004, 257:19, eff. July 1, 2004. 2019, 346:122, eff. July 1, 2019. 2023, 79:16, eff. July 1, 2023. 2025, 141:117, eff. July 1, 2025.

RSA 21-O:3 Duties of Commissioner.

21-O:3. Duties of Commissioner. In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of environmental services, including RSA 21-G, the commissioner, except as otherwise provided in this chapter, shall: I. Represent the public interest in the administration of the functions of the department of environmental services and be responsible to the governor, the general court, and the public for such administration. II. Provide for, in consultation with the commissioner of the department of administrative services and the state treasurer, a system of accounts and reports which will ensure the integrity and lawful use of all fees, funds, and revenues collected by the department, the use of which is restricted by state or federal law. III. Have the authority to receive, administer, and internally audit all present and future federal and state water-related, air pollution control, and waste grant programs. IV. Have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure the continuance or granting of federal funds or other assistance intended to promote the administration of this chapter, not otherwise provided for by law, and to adopt all rules necessary to implement the specific statutes administered by the department or by any division or unit within the department, whether the rulemaking authority delegated by the legislature is granted to the commissioner, the department, or any administrative unit or subordinate official of the department. The water well board and the state board for the licensing and regulation of plumbers shall be exempt from the rulemaking provisions described in this section. IV-a. Have the authority to reorganize rules of the department to conform to the requirements of RSA 541-A and the uniform drafting and numbering system adopted by the division of administrative rules, office of legislative services. Reference changes shall be limited to title, chapter, part, and section designations and numbers and substitution of terms reflecting reorganization of the department to the existing statutory structure, and shall be made subject to review by the division of administrative rules, office of legislative services for consistency and accuracy of such changes. Such reference changes shall be integrated into the rules and such amendments to the rules shall become effective when notice of these reference changes is published by the director of legislative services in the rulemaking register. Reference changes made prior to January 1, 1992, shall be exempt from the procedures and requirements of RSA 541-A. Changes authorized under this section shall not affect the adoption or expiration date of rules changed under this section. V. Collect and account for all fees, funds, taxes, or assessments levied upon any person subject to the jurisdiction of the department of environmental services. VI. Establish a water resources assessment program which shall, among other things, collect and manage data on water resources and water use within the state. The commissioner shall be authorized to use federal funds for such program. VII. Contract with, subject to approval by the governor and council, regional planning commissions in the development of regional plans and ensure that local plans are consistent with regional management plans for entire watershed areas. VIII. Provide all necessary clerical and technical support to any council established by this chapter. At a minimum, the commissioner shall: (a) Provide comfortable and adequate space for the use of all councils in performing their official duties; and (b) Provide all necessary clerical and support personnel and services in order to: (1) Prepare and distribute notices and other documents required under RSA 91-A for council meetings; and (2) Prepare and maintain as public records the official minutes of the meetings of all councils supported by the department. VIII-a. Have the authority to enter into a memorandum of understanding with the attorney general pursuant to RSA 21-M:3, VIII and VIII-a, to fund the hearing officer position, clerical and support personnel and services, and related expenses. IX. [Repealed.] X. [Repealed.] Source. 1986, 202:1. 1989, 346:4. 1990, 230:1; 261:4. 1996, 296:3. 1997, 295:2, 3. 2010, 354:2. 2011, 224:117, III, eff. July 1, 2011. 2023, 79:19, eff. July 1, 2023.

RSA 21-O:5-a Wetlands Council.

21-O:5-a. Wetlands Council. I. There is established a wetlands council for the purpose of implementing the provisions of law conferring on the department authority to decide matters relative to resources of the state, including, but not limited to, excavating, dredging, and filling waters of the state as well as activities occurring within the state's regulated shoreland under RSA 483-B. Appointees and officials shall have voting rights as members of the wetlands council; provided, however, that nothing in this section shall be construed as affecting other duties of the department with reference to dams, water levels, and administration of the department of environmental services. The wetlands council shall be composed of the following: (a) The executive director of the department of fish and game or designee. (b) The commissioner of transportation or designee. (c) The commissioner of natural and cultural resources or designee. (d) The director of the division of planning and community development or designee. (e) The commissioner of the department of agriculture, markets, and food, or designee. (f) Eight members of the public appointed by the governor and council for a term of 3 years or until a successor is chosen. One of these shall be a member of a municipal conservation commission at the time of appointment; one shall be a supervisor, associate supervisor, former associate supervisor, or former supervisor, of a conservation district at the time of appointment; one shall be a municipal official other than a member of the conservation commission at the time of appointment; one shall be a natural resource scientist; one shall be a member of the construction industry; one shall be a member of the marine industry; one shall have experience in environmental protection and resource management at the time of appointment; and one shall be a farm or forest landowner. One member of the council shall be elected annually as chairperson by the members of the council. II. The 8 members appointed under subparagraph I(f) shall be entitled to expenses and $50 compensation per diem. The other members of the council shall receive no additional compensation for their service as members of the council, other than their regular salaries from their respective state departments, but shall receive mileage and other expenses paid at the rate set for state employees. III. The wetlands council shall receive administrative support from the department. IV. The council shall consult with and advise the commissioner of the department of environmental services, or his or her designee, on a continuing basis with respect to the policy, programs, goals, and operations of the department as they relate to wetlands and protected shorelands with particular emphasis on long-range planning for the department and on education of the public relative to the functions of the department. In order to accomplish these purposes, the council shall meet with the commissioner, or his or her designee not less frequently than quarterly, or at the call of the chairperson or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council. V. A quorum of at least 3 members of the wetlands council shall hear all administrative appeals from department decisions made under RSA 482-A relative to wetlands, or under RSA 483-B relative to shoreland protection and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14. VI. The commissioner of the department of environmental services shall present all proposed rules relative to wetlands and protected shorelands to the wetlands council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to proposed rules to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council. VII. The council shall adopt rules in accordance with the rulemaking provisions of RSA 541-A to govern its proceedings. The council shall be subject to the requirements of RSA 541-A:36, notwithstanding RSA 21-O:14. VIII. The council shall approve disbursements of the aquatic resource compensatory mitigation fund established under RSA 482-A:29. Source. 1996, 296:35. 2002, 210:1. 2003, 319:9. 2004, 257:44. 2006, 313:3. 2007, 209:1. 2008, 171:3, 4. 2010, 354:3, eff. Sept. 18, 2010. 2015, 67:1, eff. Aug. 1, 2015. 2017, 156:14, I, 64, eff. July 1, 2017. 2019, 202:6, eff. Sept. 8, 2019. 2021, 91:198, eff. July 1, 2021. 2023, 79:20, eff. July 1, 2023. 2025, 141:33, 121, eff. July 1, 2025.

RSA 21-O:6 Division of Water.

21-O:6. Division of Water. There is established within the department the division of water, under the supervision of an unclassified director of the division of water. The division, through its officials, shall be responsible for the former functions, duties, and responsibilities of the water supply and pollution control commission. The director shall be responsible for collecting and recording data on matters relevant to the functional responsibilities of the division and providing such data to the administrative services unit in the office of the commissioner for inclusion in the department data base. Source. 1986, 202:1. 1996, 228:5, eff. July 1, 1996.

RSA 21-O:7 Water Council.

21-O:7. Water Council. I. There is established a water council which shall consist of 15 members: (a) Thirteen of the members shall be public members appointed by the governor, with the consent of the council, who shall serve for terms of 4 years. Of these members, 2 shall represent the industrial interests of the state; one shall represent the vacation home or private recreational interests of the state; one shall represent the agricultural interests of the state; one shall be an employee of any municipal or privately-owned waterworks in the state; one shall be a representative of the septage hauling industry; one shall be a member of a statewide nonprofit conservation or environmental organization; one shall be a treatment plant operator; one shall be a designer or installer of septic systems; one shall represent a New Hampshire rivers council, and one shall represent a New Hampshire lakes association. The 2 remaining members shall be appointed and commissioned respectively as the chairman and vice chairman of the council; (b) The remaining 2 members shall include: (1) The executive director of fish and game, or designee; and (2) The director of parks and recreation, or designee. (c) Each member of the council, before entering upon his or her duties, shall take an oath to administer the duties of office faithfully and impartially, and such oath shall be filed in the office of the secretary of state. II. Appointive members shall receive no compensation except for mileage and other expenses incurred while performing council business. The other members of the council shall receive no additional compensation for their service as members of the council other than their regular salaries from their respective state departments, but shall receive mileage and other expenses incurred while performing council business. Mileage shall be paid at the rate set for state employees. III. The council shall consult with and advise the director of the division of water with respect to the policy, programs, goals, and operations of the division other than those relating to wetlands under RSA 482-A, with particular emphasis on long-range planning for the division and on education of the public relative to the functions of the division, on a continuing basis. In order to accomplish said purposes, the council shall meet with the director not less frequently than quarterly, or at the call of the chairman or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council. IV. A quorum of at least 3 members of the water council shall hear all administrative appeals from department decisions relative to the functions and responsibilities of the division of water other than department decisions made under RSA 482-A relative to wetlands and RSA 483-B relative to shoreland protection, and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14. V. The director of the division of water shall present all rules proposed to be implemented by the water division, other than rules implementing RSA 482-A relative to wetlands, and RSA 483-B relative to shoreland protection, to the water council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to proposed rules to the director of the division of water and to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council. Source. 1986, 202:1. 1987, 283:4. 1990, 252:1. 1994, 412:8. 1995, 226:10; 310:182. 1996, 228:6, 7. 2000, 44:1. 2003, 319:9. 2004, 257:44. 2008, 171:1, 2. 2010, 354:4, eff. Sept. 18, 2010. 2012, 246:2, eff. June 18, 2012. 2015, 67:2, eff. Aug. 1, 2015. 2023, 79:21, eff. July 1, 2023. 2025, 141:120, eff. July 1, 2025.

RSA 21-O:8 Division of Waste Management.

21-O:8. Division of Waste Management. There is established within the department the division of waste management, under the supervision of an unclassified director of waste management. The division, through its officials, shall be responsible for the former functions, duties, and responsibilities of the office of waste management of the division of public health services and the former functions, duties, and responsibilities of the solid waste management board. The director shall be responsible for collecting and recording data on matters relevant to the functional responsibilities of the division and providing such data to the administrative services unit in the office of the commissioner for inclusion in the department data base. Source. 1986, 202:1, eff. July 1, 1986.

RSA 21-O:9 Waste Management Council.

21-O:9. Waste Management Council. I. There is established a waste management council consisting of the following, appointed by the governor and council, each of whom shall serve a 4-year term: (a) A chairman, representing the public interest; (b) Three municipal officials, at least 2 of whom shall be elected officials, representing the public interest; (c) An expert in public health, representing the public interest; (d) A local conservation commission member, representing the public interest; (e) A professor or assistant professor of environmental science or sanitary engineering, representing the public interest; (f) A representative of the private waste management industries; (g) A licensed sanitary or environmental engineer from private industry; (h) A representative of the municipal public works field; (i) A representative of the business or financial communities; (j) [Repealed.] (k) A representative of communities which recycle or recover solid waste, representing the public interest; and (l) A representative of private industries that generate hazardous waste. II. One member of the council shall be elected vice chairman by the members of the council. When the chairman is absent, it shall be the duty of the vice-chairman to assume and administer the duties of the chairman. All members shall be New Hampshire residents. The members representing the public interest shall not have any official or contractual relationship with, or receive any significant portion of their income from, any person subject to division of waste management permits or enforcement orders. Members shall disclose all potential conflicts of interest, and shall not vote on matters in which they have a direct interest. The council may elect other officers. III. Council members shall receive no compensation except for mileage and other expenses incurred while performing council business. Mileage shall be paid at the rate set for state employees. IV. The council shall consult with and advise the director of the division of waste management with respect to the policy, programs, goals and operations of the division, regarding its solid and hazardous waste management functions and responsibilities, with particular emphasis on long-range planning for the division regarding solid and hazardous waste management and on education of the public relative to the functions of the division regarding solid and hazardous waste management, on a continuing basis. In order to accomplish said purposes, the council shall meet with the director not less frequently than quarterly, or at the call of the chairman or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council. V. A quorum of at least 3 members of the waste management council shall hear all administrative appeals from department decisions relative to the functions and responsibilities of the division of waste management, and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14. VI. The director of waste management shall present all rules proposed to be implemented by the division of waste management to the waste management council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to proposed rules to the director of waste management and to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council. VII. [Repealed.] Source. 1986, 202:1. 1989, 341:1-4; 418:3. 1990, 195:5; 252:16, I. 1994, 412:9. 1995, 226:11. 1996, 228:8; 251:26. 2010, 354:5, eff. Sept. 18, 2010. 2023, 79:22, eff. July 1, 2023. 2025, 141:119, eff. July 1, 2025.

RSA 21-O:10 Division of Air Resources.

21-O:10. Division of Air Resources. There is established within the department the division of air resources, under the supervision of an unclassified director of air resources. The division, through its officials, shall be responsible for the former functions, duties, and responsibilities of the air resources agency and the air resources commission. The director shall be responsible for collecting and recording data on matters relevant to the functional responsibilities of the division and providing such data to the administrative services unit in the office of the commissioner for inclusion in the department data base. Source. 1986, 202:1, eff. July 1, 1986.

RSA 21-O:11 Air Resources Council.

21-O:11. Air Resources Council. I. There is hereby established an air resources council which shall be composed of 11 members, including one representing the electric generating industry; one representing the oil industry; one representing the natural gas industry; one representing the renewable energy industry; one representing the manufacturing component of industry; one representing the field of municipal government; and 5 members appointed at large who shall represent the public interest, one of whom shall be in the field of public health, one of whom shall represent the field of recreation, and at least one of whom shall represent environmental interests. The council members who shall represent the public interest may not derive any significant portion of their income from persons subject to permits or enforcement orders, and may not serve as attorney for, act as consultant for, serve as officer or director of, or hold any other official or contractual relationship with any person subject to permits or enforcement orders. All potential conflicts of interest shall be adequately disclosed. The members shall be residents of the state and shall be appointed by the governor with the consent of the executive council. Each member shall serve for a term of 4 years. II. The council members shall receive no compensation except for mileage and other expenses incurred while performing council business. Mileage shall be paid at the rate set for state employees. The governor and council shall annually select a chairman from the membership at large and one of the council members to serve as vice-chairman. When the chairman is absent, it shall be the duty of the vice-chairman to assume and administer the duties of the chairman. III. The council shall consult with and advise the director of the division of air resources with respect to the policy, programs, goals and operations of the division, with particular emphasis on long-range planning for the division and on education of the public relative to the functions of the division, on a continuing basis. In order to accomplish said purposes, the council shall meet with the director not less frequently than quarterly, or at the call of the chairman or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council. IV. A quorum of at least 3 members of the air resources council shall hear all administrative appeals from department decisions relative to the functions and responsibilities of the division of air resources and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14. V. The director of air resources shall present all rules proposed to be implemented by the air resources division to the air resources council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to the proposed rule to the director of air resources and to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council. Source. 1986, 202:1. 1994, 412:10. 1995, 226:12; 262:1. 2006, 62:1. 2010, 354:6, eff. Sept. 18, 2010. 2023, 79:23, eff. July 1, 2023. 2025, 141:118, eff. July 1, 2025.

RSA 21-O:12 Office of the Commissioner.

21-O:12. Office of the Commissioner. The commissioner of environmental services shall establish units within the office to be responsible for: administrative services, geological survey, human resources, planning, public information and permitting, risk analysis and management, and legal, which shall include the following functions and such other functions as may be assigned by the commissioner: I. Administrative services shall include the following services to all divisions, to the greatest extent possible: (a) Accounting, purchasing, and budget control. (b) Personnel management. (c) Property, contracts, and grants management. [Paragraph II effective until July 10, 2028; see also paragraph II set out below.] II. Geology shall be under the direction of the state geologist, who shall be the director of the New Hampshire geological survey. The geological survey shall collect data and perform research on the land, mineral, and water resources of the state, and disseminate the findings of such research to the public through maps, reports, and other publications. The state geologist shall: consult with the commissioner of the department of natural and cultural resources relative to the issuance of mining permits under RSA 12-E; assist the directors of the divisions of water and waste management as necessary; and perform such other duties as may be assigned by the commissioner. The state geologist and all members of the New Hampshire geological survey shall be staff members of the commissioner's office. The state geologist shall advise the department, and all other branches of state and local government, concerning the geologic character of the state and its implications for both economic and scientific needs in conjunction with all existing and future environmental factors relating to the geology of the state. The state geologist shall maintain liaison with federal and other state geologic agencies and with the state university. The state geologist shall also serve as a voting member of the board of professional geologists. [Paragraph II effective July 10, 2028; see also paragraph II set out above.] II. Geology shall be under the direction of the state geologist, who shall be the director of the New Hampshire geological survey. The geological survey shall collect data and perform research on the land, mineral, and water resources of the state, and disseminate the findings of such research to the public through maps, reports, and other publications. The state geologist shall assist the directors of the divisions of water and waste management as necessary and perform such other duties as may be assigned by the commissioner. The state geologist and all members of the New Hampshire geological survey shall be staff members of the commissioner's office. The state geologist shall advise the department, and all other branches of state and local government, concerning the geologic character of the state and its implications for both economic and scientific needs in conjunction with all existing and future environmental factors relating to the geology of the state. The state geologist shall maintain liaison with federal and other state geologic agencies and with the state university. The state geologist shall also serve as a voting member of the board of professional geologists. III. Planning shall be under the direct supervision of the assistant commissioner and shall include all department-level short- and long-range planning activities and the coordination and compilation of all division-level planning activities. IV. Public information and permitting shall assist members of the general public whenever possible by directing them to the appropriate person within the relevant division of the department; and generally providing members of the general public with all of the information necessary for meeting permit requirements. V. The risk analysis and management function shall be the direct responsibility of the assistant commissioner, in accordance with RSA 125-H:7. The commissioner may call on any personnel from any division or any other state department to assist the assistant commissioner in the event of a crisis, disaster, or other occurrence or condition requiring analysis and management of an actual or suspected risk of damage to the environment. The unit, once assembled by the commissioner in the event of a crisis, disaster, occurrence, or condition, shall work closely with the risk assessment bureau in the department of health and human services under the direction of the assistant commissioner to: (a) Make assessments of potential or actual risk of harm to the environment or, in cooperation with the risk assessment bureau of the department of health and human services, to persons. (b) Manage environmental risk hazards using the results of the assessment described above or any other available information to develop and evaluate regulatory options, within a statutory framework, to reduce or eliminate the risk of harm to the environment. [Paragraph II effective until July 10, 2028; see also paragraph II set out below.] [Paragraph II effective July 10, 2028; see also paragraph II set out above.] Source. 1986, 202:1. 1995, 310:67. 1996, 228:9. 2001, 75:1. 2004, 15:1. 2011, 224:98, eff. July 1, 2011. 2017, 156:14, I, eff. July 1, 2017. 2020, 37:65, eff. Sept. 27, 2020. 2023, 79:17, eff. July 1, 2023. 2026, 292:9, eff. July 10, 2028.

RSA 21-O:12-a Geologic Resources Advisory Committee.

21-O:12-a. Geologic Resources Advisory Committee. I. There is hereby established an advisory committee to determine the priorities and long-term plan for geologic mapping in the state, funded by the United States Geological Survey, National Cooperative Geologic Mapping Program. This committee shall serve the role of, and is equivalent to, the State Mapping Advisory Committee as required by the National Cooperative Geologic Mapping Program and fulfills the requirements of 43 U.S.C. 31c(d)(2)(B) pertaining to the geologic mapping program. II. The committee shall be composed of the following members, or their designees: (a) The director of the department of business and economic affairs, planning division. (b) The director of the department of environmental services, waste management division. (c) The director of the department of environmental services, water division. (d) The director of the department of natural and cultural resources, division of forests and lands. (e) The director of the department of safety, division of homeland security and emergency management. (f) The commissioner of the department of transportation. II-a. The following additional members shall be appointed by the governor, with the advice of the commissioner, as follows: (a) Three representatives of 3 separate geotechnical, water resources, or geological consulting firms. (b) One representative of an earth materials commodities firm. (c) A municipal representative, nominated by the New Hampshire Municipal Association. (d) A representative of the United States Forest Service, White Mountain National Forest. (e) A representative of the University of New Hampshire, earth sciences department. (f) A representative of an academic institution in New Hampshire, experienced in, or related to, an earth sciences discipline. (g) A member of the United States Department of Agriculture, Natural Resources Conservation Service. (h) A representative of the New Hampshire Association of Conservation Commissions, nominated by that organization. (i) A member of the public, appointed by the commissioner of the department of environmental services. III. The committee shall base the state's geologic mapping priorities on requirements for geologic map information in areas of multiple-issue need, or areas of compelling single-issue need, and requirements for geologic map information in areas where geologic mapping is required to solve critical earth science problems. IV. The committee shall meet at least annually for the purposes of prioritizing geologic mapping projects, determining the long-term geologic mapping plan, determining how the proposed mapping fits into the long-term mapping plans for the state, and voting to determine the mapping projects that will be submitted as part of the state's grant proposal to the National Cooperative Geologic Mapping Program for that year. V. The meeting shall be called by the state geologist and the director of the New Hampshire geological survey at the department of environmental services. The members of the committee shall choose a chairperson by majority vote. The chairperson shall serve for a term of one year, but may be confirmed by majority vote for as long as the chairperson remains a member. VI. A majority of the membership of the committee shall constitute a quorum. VII. If federal funding through the National Cooperative Geologic Mapping Program (NCGMP) at the United States Geological Survey (USGS) ceases to be available, the geologic resources advisory committee established in this section and its authority as the Geologic Resources Advisory Committee shall be terminated. Source. 2024, 103:1, eff. July 1, 2024.

RSA 21-O:14 Administrative Appeals.

21-O:14. Administrative Appeals. I. (a) For purposes of this chapter, "department permitting decision" means: (1) The department's final action on an application or other request for a license as defined in RSA 541-A:1, VIII, whether the action to accept, grant in whole or in part with or without conditions, or deny the application or request and whether the action is taken by the commissioner or by the department official who has statutory authority to take such final action or to whom the commissioner has properly delegated the authority to take such final action. (2) The revocation of or the refusal to renew a license as defined in RSA 541-A:1, VIII based on the permit holder's non-compliance with the statute, rules, or terms and conditions of the license or on other good or just cause as defined in rules adopted relative to the license. (b) For purposes of this section, "department enforcement decision" means: (1) The issuance of an administrative order issued under specific statutory authority for such an order, whether described as an order, an administrative order, a cease and desist order, a notice of violation and order of abatement, or other similar name, which specifies the facts and law that support the department's determination that one or more violations are occurring or have occurred and orders the recipient to cease on-going violations and to take such remediation actions as are necessary to come into compliance with applicable requirements. (2) Imposition of an administrative fine, pursuant to specific statutory authority for such an administrative fine and any applicable administrative rules or schedules, by way of a notice of administrative fine or fines which specifies the facts and law that support the commissioner's determination that one or more violations are occurring or have occurred, which should be penalized with an appropriate administrative fine. (c) "Department decision" means a department permitting decision; a department enforcement decision, including the commissioner's decision to impose an administrative fine; and any other decision made by the department that is expressly appealable to a council under the statute granting authority to the department to make the decision. The term does not include rulemaking or an agency declaratory ruling as provided for in RSA 541-A. I-a. (a) Any person aggrieved by a department decision may, in addition to any other remedy provided by law, appeal such decision by submitting a notice of appeal to the council having jurisdiction over the subject matter of the appeal within 30 days of the date of the decision and shall set forth fully in a notice of appeal every ground upon which it is claimed that the decision complained of is unlawful or unreasonable. Only those grounds set forth in the notice of appeal shall be considered by the council. On any such appeal, the council shall determine whether the department decision was unlawful or unreasonable by reviewing the administrative record together with any evidence and testimony the parties to the appeal may present. (b) On appeal, the council may affirm the department decision or may remand the matter to the commissioner with a determination that the decision complained of is unlawful or unreasonable. The council shall specify the factual and legal basis for its determination and shall identify the evidence in the record created before the council that supports its decision. (c) In the case of a remand to the commissioner by the council, the commissioner shall: (1) Accept the council's determination and take action consistent with the determination, imposing such conditions as are necessary and consistent with the purposes of the chapter under which the department decision was issued; or (2) Appeal as provided in paragraph III. (d) If the commissioner issues a revised decision, the department may at any time, and the appellant may within 30 days of issuance, request the council to confirm that the revised decision is consistent with the council's remand order. I-b. As an alternative to filing an appeal under paragraph I-a and in addition to any other remedy provided by law, any person aggrieved by a department permitting decision may, within 30 days of the date of the decision, file with the council having jurisdiction over the subject matter of the appeal a preliminary notice of appeal and an offer to enter into settlement discussions. Filings made under this paragraph shall be made on forms maintained by the department and shall be governed by the following: (a) Notwithstanding any other provision of law prescribing the contents of a notice of appeal, a preliminary notice of appeal shall contain only information identifying the appellant, the decision being appealed, and a list of every ground on which the appellant claims that the decision is unlawful or unreasonable. (b) The preliminary notice of appeal and offer to enter into settlement discussions shall be served on the commissioner and, if not filed by the applicant, on the applicant on the same day as they are filed with the council. (c) The offer to enter into settlement discussions shall propose mediated settlement discussions, unmediated settlement discussions, or both. (d) The department and, if applicable, the applicant shall notify the appellant in writing within 7 days whether they accept the offer to enter into settlement discussions. Any such notification accepting the offer shall propose dates within the ensuing 30 days on which to hold the settlement discussions, and if the appellant's offer proposed both mediated and unmediated settlement discussions the notification shall elect one or the other. (e) A notice of appeal that complies fully with the council's rules shall be filed no later than 45 days after the preliminary notice of appeal was filed by the appellant under this paragraph. No notice of appeal shall raise grounds for appeal beyond those contained in the preliminary notice of appeal. (f) If the department and, if applicable, the applicant accept the offer to enter into settlement discussions the appeal shall be stayed until a notice of appeal is filed under subparagraph (e). (g) If the parties enter into mediated settlement discussions under this paragraph, the provisions of paragraph I-c(a), (b), and (d) shall apply. I-c. For all mediations ordered pursuant to RSA 21-M:3, IX(b): (a) The mediator shall be selected by the participants. (b) The cost of the mediation shall be borne equally by the participants unless the department elects not to pay its share of the cost of the mediation, in which case the appellant and any person who has been allowed to intervene may either agree to bear the cost of the mediation or be excused from the obligation to mediate. (c) The pre-hearing order issued by the hearing officer shall specify a time period not to exceed 45 days within which the parties shall mediate. The parties may jointly request a specific amount of additional time if they have not reached a complete agreement within the time period specified by the hearing officer but believe a complete agreement can be reached within the additional time. (d) If the parties and any intervenors reach agreement as a result of mediation and the agreement includes the issuance of a new or revised permit, only persons who did not participate in the mediation and who are aggrieved by the new or revised permit shall be entitled to appeal the issuance of such permit. I-d. In any appeal of a department enforcement decision filed pursuant to paragraph I-a, the hearing officer shall not order the department to participate in mediation pursuant to RSA 21-M:3, IX(b). The department may participate in mediation in such cases in its sole discretion. II. Appeal hearings before any council established by this chapter shall be conducted in accordance with the provisions of RSA 541-A governing adjudicative proceedings by an administrative hearing officer assigned by the department of justice, under RSA 21-M:3, VIII. All issues shall be determined as specified in RSA 21-M:3, IX. III. Any party aggrieved by the disposition of an administrative appeal before any council established by this chapter may appeal such results in accordance with RSA 541. IV. The councils established under this chapter shall adopt rules under RSA 541-A to govern the conduct of administrative appeals under this section. To the extent possible, the rules of the councils shall be consistent with each other. V. A fine imposed by the department shall not become effective for 30 days following the date of the decision, or if an appeal is filed to a council, until the council issues a decision. Source. 1986, 202:1. 1987, 304:5. 1989, 339:7. 1996, 296:7. 2008, 171:5. 2010, 354:7, eff. Sept. 18, 2010. 2012, 246:3-5, eff. June 18, 2012. 2019, 202:1-3, eff. Sept. 8, 2019. 2023, 79:24, eff. July 1, 2023. 2026, 185:44, 47, eff. Aug. 18, 2026.

RSA 21-O:14-a Winnipesaukee River Basin Program; Position Established.

21-O:14-a. Winnipesaukee River Basin Program; Position Established. I. There is established in the office of the commissioner the unclassified position of director of the Winnipesaukee River Basin program (WRBP). The director shall be qualified to hold the position by reason of education and experience, and shall perform such duties as the commissioner from time to time may authorize. The director shall be responsible for the operations and maintenance of the WRPB as well as the execution of all programs and projects. II. The commissioner shall nominate, for appointment by the governor, with the consent of the executive council, the unclassified director of the WRPB, who shall serve for a term of 4 years. III. The salary of the director of the WRPB shall be as specified in RSA 94:1-a. IV. Funding shall be transferred into a new expenditure class number 11 within accounting unit 03-44-44-442010-1300. Source. 2026, 337:5, eff. July 15, 2026.

RSA 21-O:14-b Winnipesaukee River Basin Program Commission.

21-O:14-b. Winnipesaukee River Basin Program Commission. I. There is established a commission to study transferring ownership and/or operation of the Winnipesaukee River Basin program (WRBP) to an alternative authority which supports the municipalities served by the WRBP. II. The members of the commission shall be as follows: (a) One member of the senate, appointed by the president of the senate. (b) Three members of the house of representatives, appointed by the speaker of the house of representatives. (c) The commissioner of the department of environmental services, or designee. (d) One member of the public, appointed by the Winnipesaukee River Basin program advisory committee. (e) One member of the public, appointed by the mayor of Laconia. III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. IV. The commission shall: (a) Identify all of the state-owned physical assets that are necessary for the operation of the Winnipesaukee River Basin program (WRBP). (b) Evaluate whether the WRBP should continue to be owned and operated by the state or whether ownership and/or operational control should be transferred to an alternative authority. (c) Determine if ownership of the WRBP were to be transferred to such an authority, how should the value of the assets being transferred be determined. (d) Identify what statutory provisions would need to be amended in order to transfer ownership and/or operational control of the WRBP. (e) Receive input from the department of environmental services, the Winnipesaukee River Basin program advisory board, and the municipalities served by the WRBP. (f) Identify any other issues that may need to be addressed in order to transfer ownership and/or operational control of the WRBP to an alternative authority. Issues may include but not be limited to legal requirements to create a separate regional authority and governance structure; service and intermunicipal agreements; workforce considerations; organizational requirements for finance, administration and engineering; means for sustainable operations and maintenance; mechanisms for capital projects and bonding/financing future infrastructure costs; organizational structure shortfalls; transfer of federal permit authorities; asset transfer costs and requirements; transfer of legacy financial obligations; and conceptual transition sequence and timeline. V. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Three members of the commission shall constitute a quorum. VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2026. [RSA 21-O:14-b repealed by 2026, 337:7, effective November 1, 2026.] Source. 2026, 337:5, eff. July 15, 2026.

RSA 21-O:15 Pollution Prevention Policy.

21-O:15. Pollution Prevention Policy. The department shall promote pollution prevention actions in all sectors of the state, including, but not limited, to the department itself, other state agencies, local governmental entities, the regulated communities, and homeowners, as the preferred option for meeting established environmental quality goals. In any case where pollution prevention options have been explored and found not to be feasible, recycling, treatment, and disposal shall be examined, in that order. Department decisions which do not contribute to efforts to prevent pollution at the source of generation or release shall be periodically reexamined in order to continually strive toward pollution prevention objectives. Source. 1996, 8:3, eff. July 1, 1996.

RSA 21-O:16 Pollution Prevention Coordinator.

21-O:16. Pollution Prevention Coordinator. There is established in the department of environmental services the position of state pollution prevention coordinator. The coordinator shall be a classified employee qualified by reason of education and experience. It is the intent of the legislature that coordination of pollution prevention efforts shall complement and reinforce existing state, federal, local, and private pollution prevention efforts. Source. 1996, 8:3, eff. July 1, 1996. 2023, 79:516, eff. July 1, 2023.

RSA 21-O:17 Definitions.

21-O:17. Definitions. In this subdivision: I. "Commissioner" means the commissioner of environmental services. II. "Coordinator" means the state pollution prevention coordinator. III. "Department" means the department of environmental services. IV. "Pollution prevention" means the use of materials, processes, or practices which reduce or eliminate the creation of pollutants or wastes at the source, or minimize their release into the environment prior to recycling, treatment, or disposal. When being practiced, it includes avoiding or minimizing the transfer of pollutant or waste generation and later disposal from one medium, such as air, water, or land, to another. It also includes: (a) Practices that reduce the use of hazardous materials, energy, or water or other resources; (b) Practices that protect natural resources and human health through conservation, more efficient use, or effective release minimization; and (c) Preferring actions that result in a greater net pollution prevention benefit, recognizing that improving one aspect of a process or activity may have other environmental effects, both positive and negative. V. "Small business" means a business which employs 20 or fewer employees and is independently owned and operated, or "small business" as defined in the Clean Air Act Amendments of 1990, 42 U.S.C. 7401 et seq., for purposes of complying with that act. Source. 1996, 8:3, eff. July 1, 1996.

RSA 21-O:18 Duties of Coordinator.

21-O:18. Duties of Coordinator. The coordinator shall: I. Recommend to the commissioner methods to incorporate pollution prevention into all the department's programs, based upon recommendations from each of the department's relevant bureaus and divisions. II. Develop and lead implementation of a strategy to integrate pollution prevention within the department. III. Identify opportunities for all other state and local government entities as well as the regulated community and homeowners to practice pollution prevention, and assist these entities to implement pollution prevention. IV. Recommend to the commissioner the establishment of advisory committees or work groups as necessary to meet the pollution prevention goal. V. Actively disseminate useful pollution prevention information to local planning boards and zoning boards of adjustment. VI. Prepare a biennial report to the governor and council, the legislature and the committee on environment and agriculture on the department's efforts to integrate and promote pollution prevention concepts, the fiscal aspects of such efforts, and specific cases of successful and unsuccessful pollution prevention resulting from the implementation of this subdivision. Source. 1996, 8:3, eff. July 1, 1996.

RSA 21-O:19 Small Business Technical Assistance.

21-O:19. Small Business Technical Assistance. I. To exercise practical pollution prevention in the field and provide environmental technical assistance to small regulated sources, the department shall: (a) Develop a comprehensive small business technical assistance program with the following goals: (1) Identify all existing technical assistance programs relating to energy and environmental assistance to small business. (2) Develop outreach programs to assist small business identified under subparagraph II(b), to comply with current and proposed environmental regulations. (3) Develop and co-develop technical assistance programs for cost effective and environmentally sound pollution prevention and regulatory compliance programs, in conjunction with private initiatives when appropriate. (4) Prepare literature on rights and responsibilities pertaining to environmental rules and regulations under state and federal law. (5) Provide direction and guidance, in consultation with the department's public information and permitting office, on preparing environmental permit applications. (6) Review and evaluate all department recordkeeping and reporting requirements imposed on small businesses in order to eliminate duplication where possible, and to streamline duplicative reporting requirements. (7) Create and make available a technical resource library for pollution control equipment, pollution prevention techniques and equipment, energy conservation material, and financial assistance. (b) Work with appropriate private and public organizations, including, but not limited to, the university system of New Hampshire, the department of business and economic affairs, the public utilities commission, and the governor's office of energy and community services, to: (1) Identify and categorize the technical and financial resources available to small business. (2) Identify, prioritize, and target small businesses needing assistance from a state-supported program. (3) Develop technical assistance programs for cost-effective energy reduction. (4) Identify all financial assistance programs available for implementing energy and environmental process improvements. (c) Consolidate appropriate technical assistance functions into a cohesive whole, utilizing available employee skills as needed to accomplish the goals stated in paragraph I. (d) Employ a classified pollution prevention specialist who shall be qualified by reason of education and experience to advance pollution prevention through outreach and assistance. (e) Provide small business advocacy and representation on environmentally related activities within the department. (f) Provide for the review of department outreach, education, and technical assistance activities for small businesses. II. The following provisions shall apply in any instance where a small business subject to regulation under any program implemented by the department voluntarily requests any technical assistance available under this section, provided the small business making the request is not the subject of an active enforcement action and has not been notified of an impending regulatory inspection at the time the request is made: (a) Department employees or agents providing such technical assistance shall not make available to any department regulatory program or any other regulatory or enforcement agency, information obtained in the course of providing such technical assistance unless: (1) The person requesting such technical assistance agrees that such information may be made available to department or other regulatory or enforcement programs; (2) The information is public record under RSA 91-A; (3) The information pertains to an imminent threat to human life, or to the environment; (4) The information reveals evidence of a knowing criminal violation; or (5) The information is presented in aggregate form with no identification of individual entities in order to develop pollution prevention and technical assistance activities. (b) Nothing in this paragraph shall relieve any person of any obligation to provide notice, information, or a report required by any statute, rule, permit, or order. (c) The department shall notify any person requesting technical assistance of the provisions of this paragraph. Source. 1996, 8:3. 2005, 254:1-3, eff. Sept. 12, 2005. 2017, 156:14, II, eff. July 1, 2017.

RSA 21-O:20 State Agency Cooperation.

21-O:20. State Agency Cooperation. State agencies shall cooperate with and assist in the development and implementation of pollution prevention measures to be practiced by state government. Source. 1996, 8:3, eff. July 1, 1996.

RSA 21-O:21 Partnerships.

21-O:21. Partnerships. In developing and implementing pollution prevention, the department's efforts shall complement existing public and private actions, including the development of innovative public-private partnerships with business, nongovernmental organizations, academic groups, and other appropriate groups. Source. 1996, 8:3, eff. July 1, 1996.

RSA 21-O:23 Low Carbon Fuel Standards Programs; State Participation.

21-O:23. Low Carbon Fuel Standards Programs; State Participation. I. The state of New Hampshire shall not join, implement, or participate in any state, regional, or national low carbon fuel standards program or any similar program that requires quotas, caps, or mandates on any fuels used for transportation, industrial purposes, or home heating without seeking and receiving prior legislative and executive council approval. II. The department of environmental services may engage in regional and national discussions of such programs. III. The department of environmental services shall report all expenses resulting from its discussions to the fiscal committee of the general court on a semi-annual basis. Source. 2012, 280:1, eff. June 21, 2012. 2021, 169:1, eff. Sept. 28, 2021.

RSA 21-O:24 Applicability.

21-O:24. Applicability. Nothing in this subdivision shall be construed to affect or modify the provisions of RSA 125-J or RSA 125-O. Source. 2012, 280:1, eff. June 21, 2012.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-I-21-O.htmFetched: 10/20/2026