This article was updated on October 3, 2025 with a new NHDES interim rules update; details at the end of the article.
You may have heard about the new Solid Waste Disposal Surcharge, which was included in the recently passed 2026-2027 state budget. We wanted to update you about the new surcharge and answer a few questions we've heard from members.
We do want to note that more information will become available when NHDES begins the rule-making process for the surcharge. NH Recycles will be sure to share additional updates with our members.
Visit the NHDES Solid Waste Disposal Surcharge Page for the most up-to-date information
The new Solid Waste Disposal Surcharge, as summarized by NHDES:
“Beginning January 1, 2026, a $3.50 per ton solid waste disposal surcharge will be collected quarterly by NHDES from operators of landfills, incinerators and waste-to-energy facilities for each ton of solid waste disposed of at these facilities. The fees are to be paid by the facilities’ customers and collected by the facility operators.
The fees will be deposited to the Solid Waste Management Fund, and will fund NHDES’ implementation of its solid waste management program, including facility permitting, compliance assurance, planning, outreach and education; quarterly payments to municipalities to offset their surcharge payments; and a matching grant program to facilitate waste disposal reduction.'”
How does this impact NH Recycles municipal members?
A NH municipality will be required to pay this fee if they dispose solid waste in NH. However, 100% of the fees paid by the municipality will be refunded quarterly to the municipality.
How will this fee benefit NH Recycles municipal members?
Fees collected by businesses and other entities will be used to support grants to reduce waste and improve recycle. Municipalities will be eligible to apply for these grants.
Do other states do this?
Several New England states fund their solid waste programs with a disposal surcharge, including Vermont, Maine, Massachusetts, and Connecticut.
Where Can I Read the New Law?
The Solid Waste Disposal Surcharge was included as part of House Bill 2, which is very long and covers many bills. This PDF includes the relevant pages of House Bill 2, with the surcharge and related waste management fund sections highlighted in yellow.
October 3, 2025 Update: The Joint Legislative Committee on Administrative Rules (JLCAR) published a draft of the NHDES interim rules intended to implement the Solid Waste Disposal Surcharge and Reimbursement programs.
You can find the draft on the JLCAR rulemaking register, within issue No 40 October 2 2025: https://gc.nh.gov/rules/register/default.aspx
NHDES anticipates that this interim rule draft will be reviewed by JLCAR at their October 18, 2025 meeting.
For ongoing updates on legislative sessions, please refer to our Policy and Legislation Page.
