4.12 CERTIFICATES OF COMPLIANCE
Upon completion of the work described in a Final Order of Conditions, the applicant shall request
in writing the issuance of a Certificate of Compliance stating that the work has been satisfactorily
completed. Upon written request by the applicant, a review of the request for a Certificate of Compliance shall be held during public meeting by the Commission within 21 days of receipt thereof. A Certificate of Compliance or a letter of Non-Compliance shall be issued within 45 days of receipt and shall certify that the activity or portions thereof described in the Notice of Intent and plans has been completed in compliance with the Order. The Certificate of Compliance shall be signed by a majority of the Commission. A copy of the Certificate of Compliance shall be sent to the DEP.
Prior to the issuance of a Certificate of Compliance, a site inspection shall be made by the issuing authority. If the issuing authority determines, after review and inspection, that the work has not been done in compliance with the Order, it may refuse to issue a Certificate of Compliance. Such refusal shall be issued within 45 days of receipt of a request for a Certificate of Compliance, shall be in writing and
shall specify the reasons for denial.
A copy of the final plans approved in the Order shall accompany the request for a Certificate of Compliance. The final plans accompanying a Certificate of Compliance request must be signed and dated by the party that prepared the plan stating that the as-built site is the same as that shown in the final approved plan.
Certificates of Compliance will not be issued for any site on which there is a replication area for a minimum of 5 years. The five year period has been based established based on the Commission’s previous experience with local replication areas.
The Certificate of Compliance shall specify which, if any, of such conditions shall continue. The Certificate shall also specify to what portions of the work it applies, if it does not apply to all the work regulated by the Order.
The Certificate of Compliance shall be recorded in the Land Court or Registry of Deeds, whichever
is appropriate. Certification of recording shall be sent to the Commission.
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