Section Env-Hw 202.02 - Waiver RequestsThe person requesting a waiver shall provide the following information in writing to the department:
(a) An identification of the facility or activity to which the request relates;(b) An identification of the specific section of the rules from which a waiver is sought;(c) A full explanation of why a waiver is being requested, including a description of the operational and economic consequences of complying with the rule as written;(d) A full explanation of any alternate procedure, method, or other activity that is proposed to be substituted for the procedure, method, or other activity required by the rule from which a waiver is being sought, if any;(e) Results of all tests, studies, or other data generated to determine the need for a waiver;(f) A full explanation of how the requirement for which the waiver is requested is more stringent than the corresponding federal requirement;(g) A full explanation of why the person believes that having the waiver granted will meet the criteria specified in Env-Hw 202.04;(h) For a temporary waiver, the duration of the waiver requested and the proposed time frame and manner in which full compliance will be achieved; and(i) For any waiver from the siting requirements specified in Env-Hw 304.09, information demonstrating that the engineering safeguards of the facility are designed to ensure normal operation, prevention of public health threatening accidents, and mitigation of hazardous waste discharges to the environment, which may include studies demonstrating that the site has characteristics or features making it unlikely that the facility will pose environmental and public health risks.N.H. Code Admin. R. Env-Hw 202.02
(See Revision Note at chapter heading for Env-Hw 200) #9361-A, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12344-A, Effective 8/14/2017.