1. (a) The applicant shall certify that each of the statements listed in (b) below are true, complete, and not misleading to the applicant’s knowledge and belief for each of the following individuals and entities:

   1. (1) The applicant;
   2. (2) The facility owner;
   3. (3) The facility operator;
   4. (4) All individuals and entities holding 10% or more of the applicant’s debt or equity;
   5. (5) All of the applicant’s officers, directors, and partners;
   6. (6) All individuals and entities having managerial or supervisory or substantial decision-making authority and responsibility for the management of facility operations or the activity(s) for which approval is being sought; and
   7. (7) For a research and development permit, the lead investigator.

2. (b) The applicant shall certify that each of the following statements are true, complete, and not misleading to the applicant’s knowledge and belief:

   1. (1) No individual or entity listed in (a) above has been convicted of or plead guilty or no contest to a felony in any state or federal court during the 5 years before the date of the application;
   2. (2) No individual or entity listed in (a) above has been convicted of or plead guilty or no contest to a misdemeanor for a violation of environmental statutes or rules in any state or federal court during the 5 years before the date of the application;
   3. (3) No individual or entity listed in (a) above has owned or operated any hazardous or solid waste facility which has been the subject of an administrative or judicial enforcement action for a violation of environmental statutes or rules during the 5 years before the date of the application;
   4. (4) No individual or entity listed in (a) above has been the subject of any administrative or judicial enforcement action for a violation of environmental statutes and rules during the 5 years before the date of the application;

   5. (5) All hazardous and solid waste facilities owned or operated in New Hampshire by any individual or entity listed in (a) above are in compliance with either:

      1. a. All applicable environmental statutes, rules, and department permit requirements; or
      2. b. A department approved schedule for achieving compliance therewith;
   6. (6) All individuals and entities listed in (a) above are in compliance with all civil and criminal penalty provisions of any outstanding consent agreement, settlement, or court order to which the department is a party;
   7. (7) All individuals and entities listed in (a) above have paid, or are in compliance with the payment schedule for any administrative fine assessed by the department; and
   8. (8) All individuals and entities listed in (a) above are in compliance with all terms and conditions under every administrative order, court order, or settlement agreement relating to programs implemented by the department.

Source. (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)