Materials that contained asbestos were manufactured in local plants throughout New Hampshire for nearly 100 years, such as building textile and paper products. Manufacturing ceased in the mid 1980s, however, the legacy of waste disposal still plagues local communities, especially Nashua and Hudson where asbestos waste products were given away as free fill to local property owners. Due to the free fill, asbestos waste can be found on and around public, residential and commercial properties throughout Nashua and Hudson It can also be found beneath existing transportation structures, canals, and railroads beds.
The DES asbestos disposal program is managed under two separate rules. Asbestos waste buried prior to July 10, 1981, is managed under the Administrative Rules Env-Sw 2100. Asbestos waste buried after July 10, 1981, is managed under the Administrative Rules Env-Sw 100-2000
Properties with buried asbestos waste that are managed under Administrative Rules Env-Sw 2100 must maintain compliance, which includes but is not limited to:
- Covering or removing all asbestos waste.
- Keeping records and disclosure of buried asbestos to tenants, workers and potential buyers.
- Obtaining appropriate work scope approvals for any activity that will disturb asbestos waste.
- Recording notice of the presence of buried asbestos within the chain of title to the property at the county registry of deeds.
- Restricting site activities that will disturb asbestos without appropriate regulatory agency approval.
Any person or contractor involved with any activity that disturbs asbestos must comply with Env-Sw 2100, to prevent the release of asbestos fibers to either air or surface water.
DES maintains a list of known sites on its OneStop Database Web site. The OneStop Database can be used, to query by site city, site address, or owner to ascertain if the site is known to have buried asbestos waste. The local health officer is another good source of information regarding buried asbestos waste.
For questions regarding the Env-Sw 100-2100 rules, please contact:
DES Solid Waste Bureau
29 Hazen Drive; PO Box 95
Concord, NH 03302-0095
(603) 271-2456 (fax)