N.H. Admin. Code § Env-Sw 1805.01

Current through Register No. 37, September 12, 2024

Section Env-Sw 1805.01 - Availability of Certificate of Compliance

(a) Certificates of compliance shall be made available as prescribed by RSA 149-M:36, I.

(b) If a supplier is unable to obtain a certificate of compliance from a manufacturer of a package or packaging component but has sufficient information to prepare the certificate, the supplier shall prepare the certificate based on that information.

(c) If a supplier is unable to obtain a certificate of compliance from a manufacturer of a package or packaging component and does not have sufficient information to prepare the certificate, the supplier shall not be guilty of a failure to provide the certificate if the supplier has notified the department in accordance with (e) below that the certificate is unavailable from the manufacturer.

(d) If a purchaser is unable to obtain a certificate of compliance from a manufacturer or supplier of a package or packaging component, the purchaser shall not be liable for failure to retain the certificate as required by RSA 149-M:36, I, if the purchaser has notified the department in accordance with (e) below that the certificate is unavailable from the manufacturer or supplier.

(e) Notification under (c) or (d) above shall:

(1) Be in writing; and

(2) Include the following:

a.The name, address and telephone number of the person filing the notification;

b.The type of package or packaging component for which a certificate cannot be obtained;

c.The name(s) and address(es) and, if available, the telephone number(s) of the manufacturer of the package or packaging component;

d.If the notice is filed pursuant to (d) above, the name(s) and address(es) and, if available, the telephone number(s) of the supplier(s) of the package or packaging component; and

e.A brief summary of the attempts made to obtain the certificate.

(f) No person shall be held responsible for erroneous information in a certificate of compliance if all of the following are true:

(1) The person is not the manufacturer of the package or packaging component;

(2) The person did not prepare the certificate;

(3) The person did not have any reason to believe the information in the certificate was erroneous; and

(4) The person in good faith believed the information in the certificate to be true.

N.H. Admin. Code § Env-Sw 1805.01

#7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800) ss by #8459, eff 10-28-05 (formerly Env-Wm 3505.01 )

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10601, Effective 7/1/2014, Expires7/1/2024.