N.H. Admin. Code § Env-Sw 2103.06

Current through Register No. 37, September 12, 2024

Section Env-Sw 2103.06 - Decision; Conditions

(a) The department shall include such conditions as are needed to ensure compliance with Env-Sw 2103.05(b) in any waiver granted.

(b) The department shall notify the following in writing of the decision to either grant or deny a waiver:

(1) The requestor;

(2) The qualified ADS contractor, if the waiver is site-specific or project-specific and the qualified ADS contractor is known;

(3) The local health officer and any owner(s) the requestor was required to notify pursuant to Env-Sw 2103.03(b); and

(4) The USEPA, if the waiver is for a rule that cannot be waived without having first obtained USEPA approval of the alternative control method, as specified in Env-Sw 2103.05(d) and (e).

(c) If the department denies the waiver, the notice provided pursuant to (b), above, shall:

(1) Clearly state the reason(s) for denial; and

(2) Inform the requestor of the procedures by which the decision can be appealed.

(d) Waivers, when issued, shall include:

(1) The name of the person(s) to whom the waiver is issued;

(2) Identification of the rule(s) being waived;

(3) For a waiver that is specific to a site, project, activity, person, or work plan, or any combination thereof, identification of the specific site, project, activity, person, or work plan, or any combination thereof, to which the waiver applies;

(4) If the waiver is not specific to a particular site, project, activity, person, or work plan, or some combination thereof, a statement to that effect;

(5) The terms and conditions under which the waiver is granted, including provisions for:

a. Transfer if the waiver is site specific and is intended to run with the property;

b. Ensuring compliance with any alternative to be used in lieu of complying with the rule as written; and

c. Ensuring the criteria for the granting of the waiver in Env-Sw 2103.05 are met;

(6) The effective date and expiration date; and

(7) The signature of the department's commissioner or designee.

(e) In no case shall the waiver of any requirement in this chapter be construed as:

(1) An authorization of any activity that occurred prior to the effective date of the waiver;

(2) An authorization of any activity that does not comply with RSA 141-E and the requirements of this chapter that have not been waived;

(3) A waiver of any obligation to comply with all other applicable federal, state, and local requirements for asbestos management and control, including, but not limited to the requirements identified in Env-Sw 2101.01(b);

(4) A waiver of any obligation to obtain all requisite local, state, and federal permits or approvals; or

(5) A waiver of any cause of action for violations predating the waiver.

N.H. Admin. Code § Env-Sw 2103.06

Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12605, Effective 9/1/2018, Expires 9/1/2028.