1. (a) The applicant for work plan approval shall be as specified in Env-Sw 2106.02(d).

2. (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. (1) Clearly identifies the applicant’s name, mailing address, email address, and daytime telephone number including area code; and
   2. (2) Certifies that a copy of the application is being submitted concurrently to the local health officer.
3. (c) The department shall review a proposed work plan in accordance with RSA 541-A:29.
4. (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.
5. (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.
6. (f) The department shall provide a copy of the work plan approval to the local health officer.

7. (g) Work plan approval shall not be construed in any way as:

   1. (1) An authorization of any activity that occurred prior to the effective date of the approval;
   2. (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. (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. (4) A waiver of any cause of action for violations predating approval; or
   5. (5) A waiver of any obligation to obtain all requisite local, state, and federal permits or approvals for the proposed activities.
8. (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).

Source. #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; ss by #12605, eff 9-1-18