N.H. Code Admin. R. Env-Wq 1001.03

Current through Register No. 25, June 20, 2024

Section Env-Wq 1001.03 - Waivers

(a) Subject to (h), below, anyone filing an application for approval of an ISDS who wishes to obtain a waiver of one or more specific requirements established in this chapter shall request the waiver as set forth in this section.

(b) A request for a waiver, including a request for an encroachment waiver as defined by RSA 485-A:2, III-a, shall be submitted to the department with the application or as soon thereafter as the need for the waiver becomes known.

(c) Each request for a waiver shall include the following information on a waiver request form obtained from the department:

(1) Information to identify the applicant, the applicant's agent, if any, the ISDS owner if other than the applicant, and the property owner, if other than the applicant, as specified in Env-Wq 1003.12(a);

(2) The location at which the ISDS to which the waiver request is proposed to be installed, as specified in Env-Wq 1003.12(d);

(3) The total number of waiver requests being submitted with the application; and

(4) For each waiver:

a. The part and section number and the specific language of the rule for which a waiver is being sought;

b. A full explanation of why a waiver is being sought, including a description of the operational and economic consequences of complying with the established requirement;

c. If the waiver is needed to allow an existing legal use to continue, documentation that the use is legal, for example the approval number of the prior state approval for the ISDS;

d. A full explanation of the alternatives for which a waiver is sought, if any, with backup calculations and data for support; and

e. A full explanation of how the grant of the waiver is consistent with the criteria specified in (f), below.

(d) The applicant, the applicant's agent, the ISDS owner, and the property owner, if other than the applicant or ISDS owner, shall sign and date each waiver request, provided that if the request is filed electronically, the applicant's agent shall file a pdf of the certification required by (e), below, that has been signed by the applicant, the ISDS owner, and the property owner.

(e) Each signature provided pursuant to (d), above, shall constitute certification by the signer that:

(1) The information contained in or otherwise submitted with the waiver request is true, complete, and not misleading to the best of the signer's knowledge and belief; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

1. Deny the waiver request and the application to which it relates;

2. Revoke any waiver or approval that is granted based on the information;

3. If the signer is a permitted designer, suspend, revoke, or refuse to renew the designer's permit; and

4. If the signer is a professional engineer, refer the matter to the joint board of licensure and certification established by RSA 310-A:1; and

b. The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(f) The department shall grant a waiver only if it determines that:

(1) Granting a waiver will be consistent with the intent of RSA 485-A and these rules;

(2) If the requested waiver is to an on-site well, the reduced distance is consistent with reductions allowed by rules adopted by the Water Well Board;

(3) The requested waiver is not to surface water, very poorly drained soils, or an off-lot well installed prior to July 1, 1989, unless the waiver is needed to allow an existing legal use to continue; and

(4) A waiver is necessary to:

a. Allow an existing legal use to continue;

b. Accommodate an expansion of an existing use, subject to (j), below;

c. Allow an undeveloped lot of record to be used for a 2-bedroom residence; or

d. Approve plans to replace an ISDS in failure.

(g) Each waiver granted shall:

(1) Be part of the written approval of the application;

(2) Include such conditions as are necessary to ensure the criteria in (f), above, are met;

(3) Expire with the approval; and

(4) Be transferable with the approval.

(h) If a waiver is denied and the denial causes the application to not be approvable, the denial of the waiver shall be in writing as part of the denial of the application.

(i) As specified in RSA 485-A:41, IV, no waiver of rules relating to site loading or set-back distances to groundwater or surface waters, sometimes also called separation distances, shall be allowed for an ISDS on a lot created after September 1, 1989.

(j) No waivers to requirements in these rules for tank size, bed size, or EDA setbacks to very poorly drained soils, surface waters, or off-lot wells installed prior to July 1, 1989 shall be allowed to accommodate any expansion of an existing use or conversion to full-time occupancy.

(k) If the full extent of a set-back cannot be met due to lot size or other limitations and a waiver is obtained pursuant to this section, the set-back reduced by the waiver shall be as close to the specified distance as possible.

N.H. Code Admin. R. Env-Wq 1001.03

Adopted by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12955, Effective 12/21/2019, Expires 12/21/2029.