Section Env-Wt 315.03 - Emergency Authorizations for Repairs to Public Infrastructure(a) A public agency may request an authorization to repair public infrastructure on an emergency basis without first filing a notification under Env-Wt 308.04(d), a registration under Env-Wt 309.03, or an application under Env-Wt 311 if: (1) A threat to public safety exists due to public infrastructure being damaged as a result of a natural disaster or other emergency;(2) The public agency submits a request for the emergency authorization within 2 working days of discovering the need for the emergency authorization; and(3) Work covered by the emergency authorization is limited to that described in (e), below.(b) The public agency shall request an emergency authorization by providing the following information to the department by telephone, e-mail, or fax:(1) The name of the public agency and the name and daytime telephone number including area code of a contact individual, and, if available, an e-mail address and fax number for that individual;(2) A description of the reason the emergency authorization is being requested;(3) Identification of the location and type of infrastructure to be repaired; and(4) A description of the work to be performed and a schedule for the work.(c) If a request is made by telephone, the public agency shall provide the information required by (b), above, by e-mail or fax as soon as possible but no later than one working day after the initial request.(d) The department shall issue an emergency authorization requested as specified in (a)-(c), above, as soon as possible, but in no case later than 3 working days after receipt of the written request.(e) Subject to (f), below, the work done pursuant to an emergency authorization shall be limited to stabilization of the site or other mitigation of the immediate threat and such work as is necessary to prevent or minimize additional damage to the public infrastructure.(f) Permanent repairs to public infrastructure may be made by a public agency pursuant to an emergency authorization under this section if: (1) Repairs to stream crossings meet all applicable requirements of Env-Wt 900;(2) No permanent impacts to jurisdictional areas occur outside of the footprint of the area already impacted by the infrastructure being repaired unless necessary to comply with Env-Wt 900, provided that channel blockages may be removed so long as the removal minimizes the disturbance of sediments; and(3) The public agency submits a notification under Env-Wt 308.04(d), a registration under Env-Wt 309.03, or an application under Env-Wt 310 or Env-Wt 311, as applicable, for the completed work within 30 calendar days of completing the work.N.H. Code Admin. R. Env-Wt 315.03
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/24/2029.Amended by Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.