This bill introduces new criteria for the siting of landfills, which will be enforced by the Department of Environmental Services. It mandates that applicants for new landfill permits must demonstrate that their landfills will not contaminate groundwater outside the solid waste boundary, and that the time of travel for contaminants to reach sensitive receptors must be greater than 5 years from the landfill and leachate pond liner systems, and greater than 3 years from leachate storage structures and pump stations. An independent hydrogeologist must be hired by the applicant to estimate the maximum seepage velocity of groundwater. The bill also specifies that landfills should not pose an unreasonable threat to sensitive receptors and that soil disturbance should not affect water quality monitoring. Additionally, the bill sets forth specific siting prohibitions, such as not allowing landfills within 300 feet of significant sand and gravel aquifers, and establishes minimum setback distances from public roads, property boundaries, residences, water supplies, and significant wildlife habitats.

The fiscal note indicates that there is no direct fiscal impact on state, county, or local revenues or appropriations. However, the bill may indirectly increase expenditures for all levels of government due to the more stringent siting requirements, which could lead to higher costs for permitting, consulting, and landfill operation. These costs may be passed on to customers, including government entities. The bill could also potentially limit the development of new landfill capacity in the state, which may result in increased waste disposal costs. The Department of Environmental Services will need to update administrative rules to integrate the bill's requirements, which will temporarily redirect staff time, assumed to be funded by the general fund. The bill is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 149-M:9