N.H. Admin. Code § Env-Sw 2105.07

Current through Register No. 37, September 12, 2024
Section Env-Sw 2105.07 - Project Notice Requirements
(a) Except as provided in (b) and (c), below, the owner shall notify the following persons, as specified in (d) below, about the commencement of work:
(1) The local health officer;
(2) The department's division of air resources; and
(3) For major projects only, the department's division of waste management.
(b) In the case of a utility/transportation project, the responsible utility company or public authority shall notify the following persons in writing about the commencement of work:
(1) The local health officer;
(2) The owners of properties that will be disturbed by the project or, where the project will occur on land owned by the public utility or public authority, owners of properties abutting such property;
(3) The department's division of air resources; and
(4) For major projects only, the department's division of waste management.
(c) No notice shall be required for projects involving certificate-exempt work only.
(d) Notice required by this section shall be provided according to the following schedule:
(1) If the project is an emergency project, notice shall be provided by speaking to the individual being notified in person or by telephone as soon as practicable under the circumstances and written confirmation shall be provided within 48 hours of commencing the project;
(2) If the project is a minor non-emergency project, notice shall be provided by speaking to the individual being notified in person or by telephone prior to doing the work or, in the case of an unexpected disturbance, as soon as practicable after the person doing the work knows or should have known the work involves asbestos and written confirmation shall be provided within 48 hours following project commencement; and
(3) If the project is a major non-emergency project that is subject to the work plan requirements in Env-Sw 2106, written notice shall be provided as specified in the work plan approval issued pursuant to Env-Sw 2106.
(e) Notice transmitted via e-mail or fax shall constitute a form of written notice.
(f) Notice provided pursuant to this section shall include the following information:
(1) Project location;
(2) The name, mailing address, email address, and daytime telephone number including area code of:
a. The owner, if the owner is initiating and undertaking the project; or
b. The entity, individual, utility, or public authority responsible for initiating and undertaking the project;
(3) The qualified ADS contractor's name, mailing address, daytime telephone number including area code, email address, and ADS contractor identification information, if the contractor holds a valid ADS contractor license;
(4) The name, mailing address, daytime telephone number including area code, and ADS worker identification information of the qualified individual who will be in charge of the work for the qualified ADS contractor;
(5) If the work that involves the disturbance of asbestos is license-exempt work, the following:
a. A statement that a licensed ADS contractor is not required, with a citation to the applicable provision in Env-A 1811.03; and
b. The name, mailing address, daytime telephone number including area code, and email address of the qualified individual who will be in charge of the work, and the qualified individual's ADS worker identification information;
(6) Project schedule, including the starting and completion dates;
(7) Reason for disturbing the asbestos and a general description of the project;
(8) If the project is subject to the work plan requirements in Env-Sw 2106, the date the work plan was approved by the department and whether it is a project-specific or generic work plan; and
(9) If the project will be conducted under a generic work plan approval, the date it was approved and a statement signed by the qualified ADS contractor identified pursuant to (3) or for license-exempt work, the qualified individual pursuant to (4), above, that the work plan is up to date with the requirements of RSA 141-E and this chapter and is relevant to the planned work.

N.H. Admin. Code § Env-Sw 2105.07

#7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.07); ss by #9645, eff 2-16-10

Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12605, Effective 9/1/2018, Expires 9/1/2028.