The flow of out-of-state trash into New Hampshire’s landfills has been steadily shrinking over the past five years, and lawmakers are looking to drive that number down further with a renewed effort to limit imported waste.
Rep. Nicholas Germana, a Keene Democrat, is leading the latest effort to cap out-of-state waste. His proposal would apply not only to future landfills but also to those already in operation, a move he admits could spark fierce pushback.
“I definitely think adding that component makes it a more complex bill in terms of working with the industry, but I do also hope that this is something that the governor can eventually get behind, because she has repeatedly talked about the problem of out-of-state waste,” said Germana.
Under the proposal, current landfill operators would have until 2030 to reduce their out-of-state waste to 30% of their total haul. New landfills would face a stricter limit from the start, with just 15% of their waste allowed to come from outside the state.
Germana said landfills that accept out-of-state waste could raise their fees for non-New Hampshire haulers to offset any potential revenue loss if the amount of imported trash is capped.
Casella Waste Systems’ NCES landfill in Bethlehem and Waste Management’s Turnkey landfill in Rochester would be hit hardest if the legislation passes, as they handle the largest share of out-of-state waste. Turnkey would feel the bigger impact, since NCES is scheduled to close by the end of 2026.
In 2020, more than 910,000 tons of waste from outside New Hampshire — nearly 2 billion pounds — got dumped in the state’s landfills. By 2024, that number fell to about 677,000 tons — a 25% drop, according to the state’s biennial solid waste report.
Wayne Morrison, president of the advocacy group North Country Alliance for Balanced Change, is skeptical of the reduction.
“I think my first reaction to that is it’s probably more the result of the NCES landfill operating at reduced levels because they’re coming to the end of life,” Morrison said. “I think it has more to do with that than it has to do with any other activities that are going on, relative to diversion or composting.”
This is not the first time a similar bill limiting imported waste has been introduced. A previous attempt in 2024 raised concerns about potential violations of the Interstate Commerce Clause.
But, legislators supporting the proposal say that allowing existing operators to continue accepting some out-of-state waste would not constitute a violation.
At the same time, New Hampshire’s overall waste disposal rates have been slowly declining, signaling gradual progress toward the state’s long-term waste reduction goals.
In recent years, the legislature has introduced several proposals addressing landfills and solid waste disposal, and next year’s session is shaping up to be no different.
Some proposals are making a comeback, like Rep. Karen Ebel’s plan to establish a paint recycling program. This program would make it easier for residents to dispose of old paint safely and keep it out of landfills.
Siting landfills
One major landfill-related bill nearly passed this session but stalled over disagreements between the House and Senate. The bill sought to establish a committee to determine where landfills could—or couldn’t—be located, considering factors such as odor, noise, public safety, and proximity to water bodies.
These ideas started with Gov. Kelly Ayotte’s budget proposal.
The whole idea of having local control has to be embedded in what’s best interest of New Hampshire.”
Wayne morrison, president of North Country Alliance for Balanced Change
The House’s version proposes a seven-member committee that considers siting factors common to both the House and Senate proposals, as well as additional considerations.
Under the House plan, the committee’s chairperson would be the chair of the New Hampshire Waste Management Council.
The Senate’s proposal specifies that the committee chair would be the commissioner of the New Hampshire Department of Business and Economic Affairs, or a designated representative.
The Senate also added an amendment stating that the state’s regulatory and policy interests “take precedence over local regulations and restrictions,” citing the department’s rules as providing strong protections for human health and the environment when siting or expanding landfills.
Next year’s session will have both proposals up for debate.
For advocates like Morrison, who has been fighting against the construction of a new landfill in the North Country, this approach is “completely off base.”
Morrison said that a landfill should not be forced on a town that doesn’t want it, even if the state supports it.
“We think it’s not in the best interest of the state,” said Morrison. “It’s just so foreign in terms of where New Hampshire’s values are. The whole idea of having local control has to be embedded in what’s best interest of New Hampshire.”
The Senate added an amendment stating that the state’s regulatory and policy interests “take precedence over local regulations and restrictions,” citing the department’s rules as providing strong protections for human health and the environment when siting or expanding landfills.
“I think the legislature is tired and wants to get something accomplished this session, and so are we,” Morrison said. “This fight here is going to be about which version of that site evaluation committee gets through and to me, that has long-lasting ramifications for the state, not just for one landfill, but for the future of solid waste management in the state.”