Section Env-Sw 2106.06 - Work Plan Submittal, Review, and Approval(a) The applicant for work plan approval shall be as specified in Env-Sw 2106.02(d).(b) The applicant shall submit one paper copy and one electronic copy of the proposed work plan to the department with a signed cover letter that: (1) Clearly identifies the applicant's name, mailing address, email address, and daytime telephone number including area code; and(2) Certifies that a copy of the application is being submitted concurrently to the local health officer.(c) The department shall review a proposed work plan in accordance with RSA 541-A:29.(d) Subject to (e), below, if the department determines that the work plan does not satisfy the work practices and engineering controls in Env-Sw 2105, the work plan clarity and specificity requirements in Env-Sw 2106.02(b), other requirements in this chapter, or RSA 141-E, the department shall so notify the applicant and provide an opportunity for the applicant to correct the deficiencies.(e) If no deficiencies are noted or the deficiencies are correctable by issuing a conditional approval, the department shall approve the work plan with or without conditions as appropriate and so notify the applicant in writing.(f) The department shall provide a copy of the work plan approval to the local health officer.(g) Work plan approval shall not be construed in any way as:(1) An authorization of any activity that occurred prior to the effective date of the approval;(2) An authorization of any activity that does not comply with the requirements of RSA 141-E or this chapter that have not been waived pursuant to Env-Sw 2103;(3) An authorization of any activity that is not in compliance with other applicable federal, state, or local requirements, including the requirements identified in Env-Sw 2101.01(b);(4) A waiver of any cause of action for violations predating approval; or(5) A waiver of any obligation to obtain all requisite local, state, and federal permits or approvals for the proposed activities.(h) Approval of a work plan shall not be construed so as to allow non-compliance with any other applicable federal, state, and local requirements for asbestos management and control, including, but not limited to the requirements identified in Env-Sw 2101.01(b).N.H. Admin. Code § Env-Sw 2106.06
#7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.06); 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.