New Hampshire § 149-M-42 - Section 149-M:42 Definitions.

§ 149-M-42. Section 149-M:42 Definitions.

In this subdivision: I. "Closure" means the process used to permanently cease use of a facility, or portion of such facility, in a manner that will minimize future risks of environmental damage. II. "Department" means the department of environmental services. III. "Eligible costs" means the costs of the closure of a solid waste landfill or municipal incinerator eligible to be covered by the grant established by this subdivision, and shall include costs of hydrogeological and engineering investigation and design, capital construction of closure elements required by rules adopted pursuant to RSA 149-M:7, and construction supervision. Eligible costs shall exclude land acquisition, except for land which is necessary to the physical elements of closure of either an unlined landfill or a municipal incinerator, and any administrative, legal, and fiscal costs related to the closure. "Eligible costs" shall be reduced by amounts received by the municipality from third party sources such as insurance policies, federal assistance, or individuals or entities who have or may have liability for closure costs due to waste disposal activities, but not by benevolent gifts received from third party sources having no liability for closure costs. IV. "Municipal incinerator" means any of the 18 municipally owned solid waste incinerators constructed prior to July 1, 1998, excluding any designed or intended primarily to burn construction or demolition debris, special wastes, motor vehicle wastes, asbestos, or contaminated soil or other absorbent media. The 18 facilities shall be the waste to energy facility operated by the Lamprey Regional Solid Waste Co-operative in Durham, the waste-to-energy facility operated by the city of Portsmouth at the former Pease Air Force base, and the incinerators located in the following municipalities: Auburn, Bridgewater, Candia, Canterbury, Durham, Lincoln, Litchfield, Nottingham, Ossipee, Pelham, Pittsfield, Plymouth, Sutton, Wilton, Windham, and Wolfeboro.