Section Env-A 1814.04 - Criteria for Granting a Waiver(a) Subject to (b), below, the department shall grant a request for a rule waiver if: (1) Granting the request will not result in an adverse effect to public health, public safety, the environment, or the natural resources of the state of New Hampshire; and(2) One or more of the following conditions will be satisfied: a.Granting the request is consistent with the purpose and intent of the rule being waived; orb.Strict compliance with the rule will provide no benefit to the public and will cause an operational or economic hardship to the applicant. (b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify: (1) A federal or state statutory requirement, unless the statute specifically allows for a waiver; or(2) A federal or state constitutional requirement.N.H. Code Admin. R. Env-A 1814.04
(See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08
Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12172, Effective 5/5/2017, Expires 5/5/2027.