CHAPTER Env-Wq 2200
VOLUNTARY CERTIFIED SALT APPLICATOR PROGRAM
Statutory Authority:
RSA 489-C:3
PART Env-Wq 2201
PURPOSE
Env-Wq
2201.01 Purpose. The purpose of these rules is to implement the
voluntary salt applicator certification program established in RSA 489-C in
order to:
(a) Improve efficiency in salt use, such that the
least amount of salt is used to ensure safe conditions on surfaces traveled by
pedestrians and vehicles in winter conditions;
(b) Reduce the amount of salt used by commercial
applicators, as measured in tons of salt per acre per year, over time while
maintaining safe conditions for pedestrians and vehicles in winter conditions;
and
(c) Establish a voluntary system for commercial
salt applicators to track their salt use and provide information annually to
the salt accounting system.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14
Env-Wq
2201.02 Applicability. These rules shall apply to any commercial
applicator, as defined in RSA 489-C:1, II, who elects to obtain the
certification authorized by RSA 489-C:2.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14
PART Env-Wq 2202 DEFINITIONS
Env-Wq
2202.01 “Apply salt” means “apply salt”
as defined in RSA 489-C:1, I, as reprinted in Appendix B.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14
Env-Wq
2202.02 “Approved training program for
initial certification” means a course that has been approved by the department
pursuant to Env-Wq 2206.02(a).
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14; ss by #12530, eff
6-1-18
Env-Wq
2202.03 “Approved training program for
renewal certification” means a course that has been approved by the department
pursuant to Env-Wq 2206.02(b).
Source. #12530, eff 6-1-18
Env-Wq
2202.04 “Commercial applicator” means
“commercial applicator” as defined in RSA 489-C:1, II, as reprinted in Appendix
B.
Source.. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14; renumbered by #12530
(formerly Env-Wq 2202.03)
Env-Wq
2202.05 “Department” means the
department of environmental services.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14; renumbered by #12530
(formerly Env-Wq 2202.04)
Env-Wq
2202.06 “Individual certificate” means a
certification issued to a commercial applicator who:
(a) Meets the requirements for initial or renewal
certification, as applicable; and
(b) Does not employ or otherwise supervise other
commercial applicators.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2202.06);
ss by #12530, eff 6-1-18 (formerly Env-Wq 2202.05)
Env-Wq
2202.07 “Master certificate” means a
certification issued to the owner or chief supervisor of a business that
employs or contracts with one or more commercial applicators provided the owner
or chief supervisor, as applicable, meets the requirements for initial or renewal
certification, as applicable.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2202.07);
ss by #12530, eff 6-1-18 (formerly Env-Wq 2202.06)
Env-Wq
2202.08 “Salt” means “salt” as defined
in RSA 489-C:1, V, as reprinted in Appendix B.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2202.08); renumbered
by #12530 (formerly Env-Wq 2202.07)
Env-Wq
2202.09 “Salt accounting system” means
the online database operated by the
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2202.09);
renumbered by #12530 (formerly Env-Wq 2202.08)
Env-Wq
2202.10 “Salt alternative” means “salt
alternative” as defined in RSA 489-C:1, VI, as reprinted in Appendix B.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2202.10);
renumbered by #12530 (formerly Env-Wq 2202.09)
Env-Wq
2202.11 “Subordinate certificate” means
a certification issued to an individual who:
(a) Meets the requirements for initial or renewal
certification, as applicable; and
(b) Is or will be employed by a commercial
applicator holding a master certificate.
Source. #12530, eff 6-1-18
Env-Wq
2202.12 “Successfully complete an
approved training program” means attending an approved training program and
achieving a passing grade on the examination offered at the end of the program.
Source. #10697, eff 10-18-14; renumbered by #12530
(formerly Env-Wq 2202.10)
Env-Wq
2202.13 “Uncertified subordinate” means
an individual commercial salt applicator who has completed the required
training but who has not received certification.
Source. #12530, eff 6-1-18
PART Env-Wq 2203
CERTIFICATION OF COMMERCIAL APPLICATORS
Env-Wq
2203.01 Qualifications for
Certification.
(a) To qualify for certification under RSA
489-C:2 and this chapter, an individual shall be knowledgeable in the following
areas:
(1) The
chemical properties of salt with respect to its ability to melt snow under
ambient conditions, including but not limited to pavement temperature, air
temperature, and dew point;
(2) Calibration
of salt spreading equipment;
(3) Calculation
of salt application rates;
(4) Effective
use of salt brine for anti-icing;
(5) Effective
use of salt brine and other liquids for pre-wetting salt;
(6) Effective
plowing techniques; and
(7) New technologies
for de-icing and anti-icing.
(b) Individuals shall demonstrate knowledge in
the areas specified in (a), above, by successfully completing an approved
training program.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2204.01)
Env-Wq
2203.02 Application for Certification.
(a) Any person seeking to obtain a master
certificate, an individual certificate, or a subordinate certificate shall
submit to the department the following:
(1) A completed
application form that contains the information specified in Env-Wq 2203.03 and
is signed as specified in Env-Wq 2203.04;
(2) Documentation
showing that the applicant, if an individual, or the applicant’s owner or chief
supervisor, if the applicant is a business, has:
a. Successfully
completed an approved training program for initial certification within the
previous 2 years; or
b. Successfully
completed:
1. An approved
training program for initial certification within the previous 5 years; and
2. An approved
training program for renewal within the previous 2 years; and
(3) The
applicable application fee specified in Env-Wq 2203.08(a).
(b) Any business seeking to obtain a master
certificate that will cover 4 or more subordinate certificates for individuals
who are employed by the business may submit one package that contains:
(1) The information specified in (a)(1) and (2),
above, for the individual to be identified on the master certificate;
(2) The applications for subordinate certificates
that have been completed and signed by the individuals to be certified; and
(3) The application fee specified in Env-Wq
2203.08(b).
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2204.02);
ss by #12530, eff 6-1-18
Env-Wq
2203.03 Information Required for
Certification. The applicant shall
provide the following as required by Env-Wq 2203.02(a) on a form obtained from
the department:
(a) As required by RSA 489-C:4, I, the full name
and address of the person applying for the certification and, if a business
applying for a master certification for the owner or chief supervisor, the name
and title of the individual who will be responsible under the master
certification;
(b) As required by RSA 489-C:4, II, the name and address of a person whose
domicile is in the state and who is authorized to receive and accept service of
summons and legal notices of all kinds for the applicant;
(c) The applicant’s mailing address, if different
from the address provided pursuant to (a)(1), above, daytime telephone number,
and email address, if any;
(d) The name, address, and daytime telephone
number of the salt application business with which the applicant is affiliated,
if any;
(e) If the applicant is affiliated with a
business that employs one or more commercial salt applicators, whether the
applicant owns, is employed by, or is an independent contractor of the
business, and whether the applicant is seeking a master certificate or a
subordinate certificate;
(f) As required by RSA 489-C:4,
(g) How often the spreader is calibrated; and
(h) Each type of deicing or anti-icing material
that is used or is expected to be used; and
(i) For individuals who have provided both a home
address and a business address, which address the applicant prefers the department
to use for certification-related correspondence.
Source. #10697, eff 10-18-14 (from Env-Wq 2204.03);
amd by #12530, eff 6-1-18
Env-Wq
2203.04 Signature Required.
(a) If the applicant is an individual applying
for initial or renewal individual or subordinate certification, the applicant
shall sign and date the application form.
(b) If the applicant is a business applying for
an initial or renewal master certification for the owner or chief supervisor,
the individual authorized by the business to sign the application shall sign
and date the application form.
(c) The signature provided pursuant to (a) or
(b), above, as applicable, shall constitute certification that:
(1) The
information provided on or with the application form, as applicable, is true,
complete, and not misleading to the best of the applicant’s knowledge; and
(2) The
applicant understands that:
a. The
submission of false, incomplete, or misleading information is grounds for
denying the application or revoking any certification that is issued based on
the information;
b. He or she is
subject to penalties for falsification in official matters established in RSA
641 or any successor statute;
c.
Certification is subject to renewal annually and is contingent upon successful
completion of continuing education requirements and submittal of annual
reports; and
d. RSA 489-C:2 establishes that any business holding a master certificate
must ensure that all commercial applicators operating under its master
certificate receive the required training and must provide the required
recordkeeping on behalf of its commercial applicators.
Source. #10697, eff 10-18-14 (from Env-Wq 2204.04);
ss by #12530, eff 6-1-18
Env-Wq
2203.05 Review of Application;
Issuance of Certificates.
(a) Within 10 working days of receiving an
application for initial certification, the department shall determine whether
the applicant has submitted everything required by Env-Wq 2203.02.
(b) If the applicant has not submitted a complete
application, the department shall:
(1) Inform the
applicant of what is needed to complete the application; and
(2) Defer
further review of the application until everything needed for a complete
application is received.
(c) Within 10 working days of receiving a
complete application as specified in Env-Wq 2203.02, the department shall
determine whether the submitted information demonstrates that the applicant
meets the requirements specified in RSA 489-C and this chapter for becoming a
certified salt applicator.
(d) If the department determines that the
applicant meets the requirements and is seeking an individual certificate, the
department shall issue a certificate that identifies the individual as a
certified salt applicator under RSA 489-C.
(e) If the department determines that the
applicant meets the requirements and is seeking a subordinate certificate, the
department shall issue a certificate that:
(1) Identifies
the applicant as a certified subordinate salt applicator under RSA 489-C; and
(2) Specifies
the master certificate under which the subordinate is allowed to work.
(f) If the department determines that the
applicant meets the requirements and is seeking a master certificate, the
department shall issue a master certificate that identifies the business and
identifies the responsible individual as a certified salt applicator under RSA
489-C who is required by RSA 489-C:2 to:
(1) Ensure that
all commercial applicators operating under the master certificate:
a. Hold a
subordinate certificate or an individual certificate; or
b. Have
received the required training; and
(2) Provide the
required recordkeeping on behalf of all commercial applicators operating under
the master certificate, including all certified individuals, certified subordinates,
and uncertified subordinates.
(g) A certificate issued under (d), (e), or (f),
above, shall be valid from the date of issuance through June 30 of the
following year, unless revoked pursuant to Env-Wq 2205.
(h) If the department determines that an
applicant does not meet the requirements for certification, the department
shall send a written notice to the applicant that:
(1) Specifies
the reason(s) why the applicant was not certified; and
(2) Informs the
applicant that the decision can be appealed as a permitting decision under RSA
21-O:14.
Source. #10697, eff 10-18-14 (from Env-Wq 2204.05);
ss by #12530, eff 6-1-18
Env-Wq
2203.06 Certification Renewal.
(a) To apply for renewal of a master certificate,
an individual certificate, or a subordinate certificate, a certified salt
applicator shall submit the following to the department no later than June 15
of the year of expiration of the applicator’s current certification:
(1) A completed
application form that contains the information specified in Env-Wq 2203.03 and
has been signed as specified in Env-Wq 2203.04;
(2)
Documentation that the applicant has:
a. Successfully
completed an approved training program for initial certification within the
previous 2 years; or
b. Successfully
completed:
1. An approved
training program for initial certification within the previous 5 years; and
2. An approved
training program for certification renewal within the previous 2 years;
(3) The
applicable application fee specified in Env-Wq 2203.08(a); and
(4) A certified
statement that the applicant currently holds a valid certification as a salt
applicator and has not acted or failed to act in any way that would constitute
just cause to revoke the certification.
(b) Any business seeking to renew a master
certificate that covers 4 or more subordinate certificates for individuals who
are or will be employed by the business may submit one package that contains:
(1) The
information and certification specified in (a)(1)-(3), above, for the individual
to be identified on the master certificate;
(2) The
applications for subordinate certificates that have been completed and signed
by the individuals to be certified, which may be for initial or renewal
certification; and
(3) The
application fee specified in Env-Wq 2203.08(b).
(c) For individual certification, the applicant
also shall submit:
(1) The annual
report required by Env-Wq 2204.01; or
(2) Proof that
the annual report required by Env-Wq 2204.01 was previously submitted.
(d) For master certification, the applicant also
shall submit:
(1) The annual
report required by Env-Wq 2204.02, including the name of each commercial salt
applicator applying salt under the supervision of the master certificate; or
(2) Proof that
the annual report required by Env-Wq 2204.02, including the name of each
commercial salt applicator applying salt under the supervision of the master
certificate, was previously submitted.
(e) Within 10 working days of receiving an
application for renewal certification, the department shall determine whether
the applicant has submitted everything required by (a)-(d), above, as
applicable.
(f) If the applicant has not submitted everything
required by (a)-(d), above, the department shall:
(1) Inform the
applicant of what is needed to complete the application; and
(2) Defer
further review of the application until everything needed for a complete
application is received.
(g) Within 10 working days of receiving a
complete application for renewal as specified in (a)-(d), above, the department
shall determine whether the information submitted demonstrates that the
applicant:
(1) Currently
holds a valid certificate as a salt applicator;
(2) Has filed
all required reports; and
(3) Has not
acted or failed to act in any way that would constitute just cause to revoke
the certification.
(h) If the department determines that the
applicant meets the requirements for certification renewal and is seeking an
individual certificate, the department shall issue a certificate that
identifies the individual as a certified salt applicator under RSA 489-C.
(i) If the department determines that the
applicant meets the requirements for certification renewal and is seeking a
subordinate certificate, the department shall issue a certificate that:
(1) Identifies
the applicant as a certified subordinate salt applicator under RSA 489-C; and
(2) Specifies
the master certificate(s) under which the subordinate is allowed to work.
(j) If the department determines that the applicant
meets the requirements for certification renewal and is seeking a master
certificate, the department shall issue a master certificate that identifies
the business and identifies the responsible individual as a certified salt
applicator under RSA 489-C who is required by RSA 489-C:2 to:
(1) Ensure that
all commercial applicators operating under the master certificate:
a. Hold a
subordinate certificate or an individual certificate; or
b. Have
received the required training; and
(2) Provide the
required recordkeeping on behalf of all commercial applicators operating under
the master certificate, including all certified individuals, certified
subordinates, and uncertified subordinates.
(k) A certificate issued under (h), (i), or (j),
above, shall be valid from July 1 of the year of issue through June 30 of the
following year, unless revoked pursuant to Env-Wq 2205.
(l) If the department determines that the
applicant does not meet the requirements for certification renewal, the
department shall send a written notice to the applicant that:
(1) Specifies
the reason(s) why the applicant’s certification was not renewed; and
(2) Informs the
individual that the decision can be appealed under RSA 21-O:14 as:
a. A permitting
decision, if the reason for denial is that the applicant is not qualified; or
b. An
enforcement decision, if the reason for denial is that the applicant has acted
or failed to act in a way that constitutes just cause to revoke the
certification.
Source. #10697, eff 10-18-14 (from Env-Wq 2204.06);
ss by #12530, eff 6-1-18
Env-Wq
2203.07 Late Filing of Renewal
Applications.
(a) If a commercial salt applicator fails to
apply for renewal by the deadline established in Env-Wq 2203.06(a), the
applicator shall:
(1) No later than
November 1 of the year of expiration, file a renewal application as specified
in Env-Wq 2203.06(a)(1)-(3), (b), and (c), together with a certified statement
that the applicant held a valid certification as a salt applicator through June
30 of the year of application and has not acted or failed to act in any way
that would constitute just cause to revoke the certification; or
(2) If a renewal application is not filed by the
deadline established in (1), above, file an application for initial certification
as specified in Env-Wq 2203.02 together with:
a. For
individual certification:
1. The annual
report required by Env-Wq 2204.01; or
2. Proof that
the annual report required by Env-Wq 2204.01 was previously submitted; or
b. For master
certification:
1. The annual report required by Env-Wq 2204.02,
including the name of each commercial salt applicator applying salt under the
supervision of the master certificate, including all certified individuals,
certified subordinates, and uncertified subordinates; or
2. Proof that
the annual report required by Env-Wq 2204.02, including the name of each
commercial salt applicator applying salt under the supervision of the master
certificate, was previously submitted.
(b) The department shall process a renewal
application filed pursuant to (a)(1), above, as specified in Env-Wq
2203.06(e)-(j), except that the determination required by (g)(1) shall be that
the applicant held a valid certificate as a salt applicator through June 30 of
the current year.
Source. #12530, eff 6-1-18
Env-Wq
2203.08 Application Fees.
(a) Each application for an initial certification
or a renewal certification shall be accompanied by an application fee in the
amount shown in table 2203-1, below:
Table 2203-1: Application Fees for Initial and Renewal
Certification
|
Certificate
Type |
Fee |
|
Master |
$250 |
|
Individual |
$150 |
|
Subordinate |
$25 |
(b) An application submitted under Env-Wq
2203.02(b) or Env-Wq 2203.06(b) shall be accompanied by an application fee of
$350.
(c) Fees, if paid by check or money order, shall
be made payable to “Treasurer - State of NH.”
Source. #12530, eff 6-1-18
PART Env-Wq 2204
ANNUAL REPORTING REQUIRED
Env-Wq
2204.01 Annual Reporting for
Individual Certificate Holders.
(a) Subject to (b), below, each commercial
applicator holding an individual certificate shall report the following
information about salt usage during the preceding winter to the salt accounting
system no later than June 1 of each year:
(1) The total
amount of salt used, in tons of solid salt and gallons of salt brine;
(2) The name of
each town in which salt was applied and, for each, the total area of paved
surface maintained, in square feet; and
(3) The type
and amount of each salt alternative used.
(b) A certified individual commercial salt
applicator shall report the usage of salt or salt alternative, or both, only to
the extent such usage is not required to be reported under any master
certificate.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14; ss by #12530, eff
6-1-18
Env-Wq
2204.02 Annual Reporting for Master
Certificate Holders. Each commercial
applicator holding a master certificate shall report the following information
about salt usage during the preceding winter for the master certificate holder
and all commercial salt applicators working under the master certificate to the
salt accounting system no later than June 1 of each year:
(a) The name of each commercial salt applicator
applying salt under the master certificate, including certified individuals,
certified subordinates, and uncertified subordinates;
(b) The total amount of salt used, in tons of
solid salt and gallons of salt brine;
(c) The name of each town in which salt was
applied and, for each, the total area of paved surface maintained, in square
feet; and
(d) The type and amount of each salt alternative
used.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14; ss by #12530, eff
6-1-18
PART Env-Wq 2205
REVOCATION OF CERTIFICATION
Env-Wq
2205.01 Revocation of Certificate. If after issuing an initial or renewal
certificate the department receives reliable information suggesting that just
cause, as specified in Env-Wq 2205.02, exists to revoke the certification, the
department shall proceed in accordance with RSA 541-A:30 and the provisions of
Env-C 200 that apply to adjudicative proceedings.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2206.01)
Env-Wq
2205.02 Acts Justifying Revocation. Just cause to revoke a certificate shall
include the following:
(a) Submitting false or misleading information
regarding any application for initial or renewal certification;
(b) Failing to submit annual reports as required
by Env-Wq 2204.02;
(c) Obtaining certification through fraud,
deceit, or intentional falsification; or
(d) Failing to use reasonable care, judgment, and
application of his/her knowledge in performance of his/her duties.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14 (from Env-Wq 2206.02)
PART Env-Wq 2206
TRAINING PROGRAM APPROVAL
Env-Wq
2206.01 Application for Training
Program Approval. An organization
seeking approval of a training program shall apply by submitting the following
in writing to the department:
(a) A description of the organization, including:
(1) The
organization’s name, mailing address, and daytime telephone number; and
(2) If the
organization is required by RSA 292, RSA 293, RSA 293-A, or other applicable
provision of
(b) The name, mailing address, daytime telephone
number, and email address of an individual at the organization who can be
contacted regarding application;
(c) A list of courses to be offered; and
(d) A complete description of each course for
which the organization is seeking approval, including:
(1) The name of
the course;
(2) Whether the
course will be offered for initial certification or renewal certification;
(3) The name
and qualifications of each individual who will present the course;
(4) The length
of time attendees of the course will be under direct supervision of the
instructor;
(5) A syllabus
for the course and the written materials to be used in the course;
(6) The type of
test to be offered at the end of the course to evaluate whether attendees have
obtained the knowledge required by Env-Wq 2203.01(a); and
(7) The format
the organization will use to provide the documentation applicants must submit
under Env-Wq 2203.02(b) or Env-Wq 2203.06(a)(2), as applicable.
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14
Env-Wq
2206.02 Department Approval of
Training Programs.
(a) The department shall approve a training
program for initial certification if the information submitted pursuant to
Env-Wq 2206.01 demonstrates that the training program provides at least 4 hours
of instruction and will impart the information necessary for attendees to
become knowledgeable in the areas identified in Env-Wq 2203.01(a).
(b) The department shall approve a training
program for certification renewal if the information submitted pursuant to
Env-Wq 2206.01 demonstrates that the training program provides at least 2 hours
of instruction and will impart the information necessary for attendees to
become more knowledgeable in one or more of the areas identified in Env-Wq
2203.01(a).
Source. #10447, INTERIM, eff 11-1-13, EXPIRED:
4-30-14
New. #10697, eff 10-18-14
APPENDIX A:
STATUTES IMPLEMENTED
|
Rule
Section(s) |
State
Statute(s) Implemented |
|
Env-Wq 2200 (also see additional statute for
specific part, below) |
RSA 489-C:2 |
|
Env-Wq 2205 |
RSA 541-A:30, II |
|
Env-Wq 2206 |
RSA 541-A:30, II |
Appendix B: RSA 489-C
RSA
489-C Salt Applicator Certification
Option
RSA 489-C:1
Definitions. In this chapter:
II. “Commercial applicator” means any individual
who applies or supervises others who apply salt, but shall not include
municipal or state employees.
V. “Salt” means sodium chloride, calcium
chloride, magnesium chloride, or any other substance containing chloride.
VI. “Salt alternative” means any substance not
containing chloride used for the purpose of de-icing or anti-icing.
RSA 489-C:2
Certification Option. Commercial applicators may elect to be
annually certified by the department. Applicator
certificates shall be issued by the department. Any business that employs
multiple commercial applicators may obtain a master certificate for the owner
or chief supervisor, and commercial applicators employed by the business may
obtain certificates to qualify under the master certificate. Any business holding a master certificate
shall ensure that all commercial applicators operating under its master
certificate receive the required training and shall provide the required
recordkeeping on behalf of all commercial applicators. Annual fees for certificates obtained under a
master certificate shall be significantly less than the fees for a master
certificate.
RSA 489-C:3
Rulemaking Authority. The commissioner shall adopt rules pursuant
to RSA 541-A, relative to:
I. Policies and goals for applying salt.
II. Receiving and allocating federal grants and
other funds or gifts for the purpose of carrying out any of the provisions of
this chapter.
IV. Procedures for commercial applicators to
obtain certification.
V. Recordkeeping required for commercial
applicators to maintain certification.
RSA 489-C:4
Application for Certification. Applications for certification shall be on a
form prescribed by the department and shall include the following:
I. The full name and address of the person
applying for the certification.
II. The name and address of a person whose
domicile is in the state, and who is authorized to receive and accept service
of summons and legal notices of all kinds for the applicant.
IV. Any other information deemed necessary by the
department.
RSA 489-C:5
Administration and Enforcement.
I. The
commissioner shall administer and enforce the provisions of this chapter.
II. The department may issue an order to any
person who is in violation of any provision of this chapter, an applicator
certificate issued under this chapter, or a rule adopted under this chapter, to
cease and desist from any act in violation of such provision, certification, or
rule. Orders of the department under this section shall be effective
immediately.
APPENDIX
C: OTHER RELEVANT STATUTES
RSA 508:22
New Section; Liability Limited for Winter Maintenance.
I. No commercial applicator as defined in RSA
489-C:1, II and certified under RSA 489-C:2, or owner, occupant, or lessee of
land whose premises is maintained by a commercial applicator certified under
RSA 489-C:2, shall be liable for damages arising from insufficiencies or
hazards on any premises owned, occupied, maintained, or operated by them, even
with actual notice thereof, when such hazards are caused solely by snow or ice,
and the commercial applicator’s, owner’s, occupant’s, or lessee’s failure or
delay in removing or mitigating such hazards is the result of its
implementation, absent gross negligence or reckless disregard of the hazard, of
best management practices for winter road, parking lot, and sidewalk
maintenance adopted and published by the department of transportation and the
department of environmental services. All
commercial applicators, owners, occupants, or lessees who adopt such best
management practices shall be presumed to be acting pursuant to the best
management practices in the absence of proof to the contrary.
II. In order to receive the liability protection
provided in paragraph I, a commercial applicator as defined in RSA 489-C:1, II,
or an owner, occupant, or lessee of land shall keep a written record describing
its winter road, parking lot and property maintenance practices. The written record shall include the type and
rate of application of de-icing materials used, the dates of treatment, and the
weather conditions for each event requiring de-icing. Such records shall be
kept for a period of 3 years.
RSA 641:3
Unsworn Falsification. –
A person is guilty of a misdemeanor if:
I. He or she makes a written or electronic false
statement which he or she does not believe to be true, on or pursuant to a form
bearing a notification authorized by law to the effect that false statements
made therein are punishable; or
II. With a purpose to deceive a public servant in
the performance of his or her official function, he or she:
(a) Makes any written or electronic false
statement which he or she does not believe to be true; or
(b) Knowingly creates a false impression in a
written application for any pecuniary or other benefit by omitting information
necessary to prevent statements therein from being misleading; or
(c) Submits or invites reliance on any writing
which he or she knows to be lacking in authenticity; or
(d) Submits or invites reliance on any sample,
specimen, map, boundary mark, or other object which he or she knows to be
false.