Section Env-Wq 1004.13 - Expiration of Construction Approvals; Retention of Plans(a) Except as provided in (d), below, or in Env-Wq 1004.20(d), all construction approvals issued by the department shall expire as provided in (b), below.(b) If a construction approval for an ISDS has been issued but approval to operate has not been issued, the construction approval shall expire and the department shall discard the application 4 years from: (1) The date of the construction approval, if no request for an inspection has been received by the department; or(2) The date of a do not backfill order, if approval to operate has not been issued due to the failure of the installer to correct deficiencies identified in the do not backfill order or the failure of the installer to notify the department that the deficiencies have been corrected and request a re-inspection.(c) Prior to discarding an application pursuant to (b), above, the department shall send written notice of its intent to discard via first class mail or by email to the applicant and the applicant's agent, as noted on the application, with a copy to the appropriate local governing body, no less than 30 calendar days prior to discarding the application. The notice shall also state that if the department receives information that the system has been installed and put into use, the owner shall contact the department to determine whether the existing system can be approved or a new application must be submitted.(d) If the ISDS is actively under construction when the construction approval will expire, including construction approvals granted to replace a failed system under Env-Wq 1004.20, the ISDS owner or applicant's agent may request an extension of up to 90 days past the expiration date by submitting a written request to the department. The department shall grant the extension if the request identifies the name and address of the ISDS owner and applicant's agent, the location of the property, the construction approval number, and the estimated time required to complete the ISDS, and confirms that the ISDS is actively under construction.N.H. Admin. Code § Env-Wq 1004.13
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.