Chapter 489-C: Salt Applicator Certification Option

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.

I. Commercial applicators may elect to be certified by the department. Applicator certificates shall be issued by the department and may be renewed annually.

II. 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 either an individual certificate or a subordinate certificate to qualify under the master certificate. Any business holding a master certificate shall ensure that all commercial applicators operating with a subordinate certificate under its master certificate receive the required training and shall provide the required record keeping on behalf of all commercial applicators working under the master certificate.

III. The department shall charge an annual fee for master, individual, and subordinate certificates. Annual fees for a subordinate certificate obtained under a master certificate shall be significantly less than the fees for a master certificate. Annual fees for individual certificates shall be higher than the fee for a subordinate certificate but less than the fee for a master certificate.

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.

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 and reporting requirements for certificate holders.

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.

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.

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 may revoke the certification of any person who violates this chapter. Appeals relating to revocation shall be governed by RSA 21-O:7, IV.

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.