Section Env-Dw 901.19 - Waivers(a) A local entity requesting reclassification of groundwater or a person requesting that the department review a contributing area classified as GAA or GA1 or reclassify an area to GA2 or GB or change one or more of the boundaries of an existing groundwater reclassification or a person responsible for implementing a management program under this part may request a waiver to any information requirement under this part, provided that the information requirement is not mandated by RSA 485-C.(b) The person requesting the waiver(s) shall submit the following information in writing to the department:(1) The name, mailing address, daytime telephone number, and email address, if any, of the person who is requesting the waiver and, if the person is other than an individual, the name, daytime telephone number, and email address, if any, of an individual who can be contacted by the department relative to the request;(2) Identification of the location of the area covered by the review or reclassification request to which the waiver request relates;(3) Identification of the specific section of the rules that requires the information to which the waiver request relates;(4) A full explanation of why a waiver is being requested, including an estimate of the costs of obtaining the information;(5) Whether the waiver is needed for a limited or indefinite period of time; and(6) A full explanation of how granting a waiver meet the criteria specified in (c), below.(c) The department shall grant a waiver to an information requirement upon finding that: (1) The information requirement is not mandated by RSA 485-C; and(2) Denial of the waiver request would place a financial burden on the requestor that is disproportionate to the value of the information required.(d) The department shall issue a written response to a request for a waiver within 60 days of receipt of the request. If the department denies the request, the reasons(s) for the denial shall be clearly stated in the written response.N.H. Code Admin. R. Env-Dw 901.19
Adopted byVolume XXXV Number 01, Filed January 8, 2015 , Proposed by #10749, Effective 12/19/2014, Expires12/19/2024.