Section Env-Sw 2105.15 - Clearance Determination(a) Following completion of any major or minor project that includes certificate-required work, and before allowing normal use of the site to resume, a qualified individual holding a valid ADS worker certificate issued with the experienced worker designation shall make a site clearance determination in accordance with (b), below.(b) A site clearance determination shall not be made unless the qualified individual determines that all of the following statements are true: (1) All excavated, removed, exposed, or other disturbed asbestos either: a. Has been removed from the site in accordance with Env-Sw 901; orb. Is covered in accordance with Env-Sw 2104.03;(2) No asbestos-contaminated equipment, materials, clothing, or other supplies remain at the site; and(3) It is safe to resume use of the site in a manner consistent with Env-Sw 2104.04.(c) The qualified individual who made the site clearance determination shall provide a written copy of the clearance determination with a copy of the individual's ADS certificate, signed and certified as provided in (d), below, to the following persons: (1) The qualified ADS contractor that implemented the project;(2) For non-utility/transportation projects, the owner for use as required by Env-Sw 2104.08(c)(4); or(3) For utility/transportation projects, the utility company or public authority, as applicable, to be placed in the project record maintained by the utility company or public authority and made accessible to owners when requested to satisfy the disclosure requirements of Env-Sw 2104.08(c).(d) The signature provided pursuant to (c), above, shall:(1) Constitute certification that:a. The individual holds a valid ADS worker certificate with the experienced worker designation; andb. The information provided in the clearance report is true, complete, and not misleading to the best of the signer's knowledge and belief; and(2) Subject the signer to penalties for falsification in official matters, currently in RSA 641.N.H. Admin. Code § Env-Sw 2105.15
#7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.15); 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.