N.H. Code Admin. R. Env-Wq 2207.12
Just cause to revoke a certificate shall include the following:
(c) Failing to use reasonable care, judgment, and application in performance of duties.
Source. #13982, eff 5-24-24
APPENDIX A: STATUTES IMPLEMENTED
Rule Section(s)
State Statute(s) Implemented
Env-Wq 2200 (also see additional statute for specific part, below)
RSA 489-C:2
Env-Wq 2201
RSA 489-C:2
Env-Wq 2202.01-Env-Wq 2202.07
RSA 489-C:2
Env-Wq 2202.08
RSA 489-C:2
Env-Wq 2202.09
RSA 489-C:2
Env-Wq 2202.10
RSA 489-C:2
Env-Wq 2202.11
RSA 489-C:2
Env-Wq 2202.12
RSA 489-C:2
Env-Wq 2202.13
RSA 489-C:2
Env-Wq 2202.14
RSA 489-C:2
Env-Wq 2202.15
RSA 489-C:2
Env-Wq 2202.16
RSA 489-C:2
Env-Wq 2203.01-Env-Wq 2203.06
RSA 489-C:2
Env-Wq 2203.07
RSA 489-C:2
Env-Wq 2204
RSA 489-C:2
Env-Wq 2205 and Env-Wq 2206
RSA 541-A:30, II
Env-Wq 2207.01- Env-Wq 2207.10
RSA 489-C:2-a
Env-Wq 2207.11 and Env-Wq 2207.12
RSA 541-A:30, II
Appendix B: RSA 489-C
RSA 489-C Salt Applicator Certification Option
RSA 489-C:1 Definitions. In this chapter:
I. “Apply salt” means to apply salt or a salt alternative to roadways, parking lots, or sidewalks for the purpose of winter maintenance.
II. “Commercial applicator” means any individual who applies or supervises others who apply salt, but shall not include municipal or state employees.
III. “Commissioner” means the commissioner of the department of environmental services.
IV. “Department” means the department of environmental services.
IV-a. "Municipal winter maintenance certification program" means a program implemented by a governmental unit as defined in RSA 507-B:1, I to maintain public roads, parking areas, and walkways in the winter months to be safe for public passage.
V. “Salt” means sodium chloride, calcium chloride, magnesium chloride, or any other substance containing chloride.
VI. “Salt alternative” means any substance not containing chloride used for the purpose of de-icing or anti-icing.
RSA 489-C:2 Certification Option. Commercial applicators may elect to be annually certified by the department. Applicator certificates shall be issued by the department. Any business that employs multiple commercial applicators may obtain a master certificate for the owner or chief supervisor, and commercial applicators employed by the business may obtain certificates to qualify under the master certificate. Any business holding a master certificate shall ensure that all commercial applicators operating under its master certificate receive the required training and shall provide the required recordkeeping on behalf of all commercial applicators. Annual fees for certificates obtained under a master certificate shall be significantly less than the fees for a master certificate.
489-C:2-a Municipal Winter Maintenance Certification Program Option.
I. Any governmental unit that has a municipal winter maintenance program may elect to have the program certified by the department. Municipal winter maintenance certification program certificates shall be issued by the department and may be renewed annually.
II. Any governmental unit holding a municipal winter maintenance program certificate shall ensure that each applicator operating under its certificate receives the required training approved by the department and shall provide record keeping on behalf of all applicators working under the municipal winter maintenance certificate. A governmental unit may meet the training requirement by requiring its employees to obtain commercial applicator individual certificates.
III. The department may create more than one class of certificate to recognize different complexity levels of municipal winter maintenance programs. If such classes are created, the department shall, through rules adopted pursuant to RSA 541-A, identify the criteria, required record keeping, and other requirements as may apply to each level.
IV. The department shall charge an annual fee for a municipal winter maintenance program certificate.
RSA 489-C:3 Rulemaking Authority. The commissioner shall adopt rules pursuant to RSA 541-A, relative to:
I. Policies and goals for applying salt.
II. Receiving and allocating federal grants and other funds or gifts for the purpose of carrying out any of the provisions of this chapter.
III. The types and frequency of training programs required for certification.
IV. Procedures for commercial applicators to obtain certification.
V. Recordkeeping required for commercial applicators to maintain certification.
VI. Establishing and collecting fees to cover the cost of program implementation.
VII. Procedures for governmental units to obtain certification for their municipal winter maintenance programs.
RSA 489-C:4 Application for Certification. Applications for certification shall be on a form prescribed by the department and shall include the following:
I. The full name and address of the person applying for the certification.
II. The name and address of a person whose domicile is in the state, and who is authorized to receive and accept service of summons and legal notices of all kinds for the applicant.
III. The type of apparatus used to apply salt or salt alternative whether liquid or dry.
IV. Any other information deemed necessary by the department.
RSA 489-C:5 Administration and Enforcement.
I. The commissioner shall administer and enforce the provisions of this chapter.
II. The department may issue an order to any person who is in violation of any provision of this chapter, an applicator certificate issued under this chapter, or a rule adopted under this chapter, to cease and desist from any act in violation of such provision, certification, or rule. Orders of the department under this section shall be effective immediately.
III. The commissioner, after notice and hearing pursuant to RSA 541-A, may revoke the certification of any person who violates this chapter. Rehearings and appeals relating to revocation shall be governed by RSA 541.
IV. There is hereby established a salt application fund. This nonlapsing fund shall be continually appropriated to the department and used to administer the salt applicator certification program under this chapter. Certification fees collected by the department shall be deposited with the state treasurer to the credit of such fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund. No funds from the general fund shall be used to cover the cost of the salt applicator certification program.
Appendix C: Other Relevant Statutes
RSA 507-B:1 Definitions
I. "Governmental unit" means any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof, or any other body corporate and politic within the state, but does not include the state or any department or agency thereof.
I-a. "Employee or official of a governmental unit" means any member or officer of its governing board, administrative staff, or agencies, including but not limited to county employees, selectmen, school board members, chartered public school trustees, city councilors and aldermen, town councilors, town and city managers, mayors, regional planning commissioners, town and city health officials, police officers, overseers of public welfare, superintendents of schools, and all other employees and officials whether elected or appointed, and whether paid or unpaid, provided he or she is acting within the scope of his or her official duties.
RSA 508:22 New Section; Liability Limited for Winter Maintenance.
I. No commercial applicator as defined in RSA 489-C:1, II and certified under RSA 489-C:2, or owner, occupant, or lessee of land whose premises is maintained by a commercial applicator certified under RSA 489-C:2, shall be liable for damages arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by them, even with actual notice thereof, when such hazards are caused solely by snow or ice, and the commercial applicator’s, owner’s, occupant’s, or lessee’s failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of best management practices for winter road, parking lot, and sidewalk maintenance adopted and published by the department of transportation and the department of environmental services. All commercial applicators, owners, occupants, or lessees who adopt such best management practices shall be presumed to be acting pursuant to the best management practices in the absence of proof to the contrary.
II. In order to receive the liability protection provided in paragraph I, a commercial applicator as defined in RSA 489-C:1, II, or an owner, occupant, or lessee of land shall keep a written record describing its winter road, parking lot and property maintenance practices. The written record shall include the type and rate of application of de-icing materials used, the dates of treatment, and the weather conditions for each event requiring de-icing. Such records shall be kept for a period of 3 years.