N.H. Code Admin. R. Env-Dw 721.07

Current through Register No. 25, June 20, 2024

Section Env-Dw 721.07 - Disposition of an Exemption Request

(a) The department shall notify the applicant in writing of its proposed decision on the application for an exemption.

(b) If the department determines that the exemption request does not demonstrate that the criteria for granting an exemption have been met, the notice sent pursuant to (a), above, shall:

(1) State the reason(s) for the determination;

(2) Offer the applicant an opportunity to present additional information or argument to the department within 30 days of receipt of the notice; and

(3) Inform the applicant that if additional information or argument is not received, the application shall be deemed denied as of the day following the deadline for submitting the information.

(c) If the applicant submits additional information or argument, the department shall review the submittal and make a final determination on the request within 30 days after receiving the additional information or argument.

(d) If the department determines that the exemption request demonstrates that the criteria for granting an exemption have been met, the notice sent pursuant to (a), above, shall identify:

(1) The name, location, and PWS identifier of the water system to which the exemption will apply;

(2) The proposed exemption;

(3) The termination date of the exemption; and

(4) That the exemption shall be terminated:

a.When the system comes into compliance with the applicable rule; or

b.Upon a finding by the department, after notice and opportunity for a hearing, that the system has failed to comply with any requirements of a final schedule issued pursuant to Env-Dw 721.10, as applicable.

N.H. Code Admin. R. Env-Dw 721.07

Adopted byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10617, Effective 6/1/2014, Expires6/1/2024.