This resource was updated on October 3rd with a new NHDES interim rules update.
New Hampshire adopted a Solid Waste Disposal Surcharge, included in the 2026-2027 state budget bill. The following resource aims to update NH Recycles members and residents about the solid waste disposal surcharge and answer common questions we've heard.
Additional information will be released when NHDES starts the rulemaking process for the surcharge. NH Recycles will update this resource and share updates with members as soon as they are available.
Visit the NHDES Solid Waste Disposal Surcharge Page for the most up-to-date information:
NHDES Solid Waste Disposal Surcharge Page
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.'”
What material is the surcharge being added to?
This surcharge will be added to any trash and construction & demolition debris (C&D) that goes to a New Hampshire landfill or incinerator. The surcharge is NOT added to recyclables, because they are not sent to the landfill or incinerator.
How does this impact NH Recycles municipal members?
A NH municipality will be required to pay this fee if they dispose of solid waste in a NH landfill or incinerator. Importantly, 100% of the surcharge fees paid by NH municipalities will be reimbursed on a quarterly basis, so this should be cost-neutral for NH municipal transfer stations.
How will this fee benefit NH Recycles municipal members?
Fees collected from 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?
Yes! Several New England states fund their solid waste programs with a disposal surcharge, including Vermont, Maine, Massachusetts, and Connecticut.
Where Can I Read the 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.
Proposed NHDES Interim Rules as of October 2, 2025
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.
