Section Env-Wq 1116.02 - Request for Waiver(a) Any owner of a public bathing place who wishes to request a waiver of one or more specific requirements of this chapter shall submit a request for a waiver to the department in writing as set forth in this section.(b) A request to waive a design requirement shall be submitted with the application filed pursuant to Env-Wq 1103.02 or as soon thereafter as the need for the waiver becomes known to the applicant.(c) A request to waive an operational requirement may be submitted whenever the owner becomes aware that a waiver is needed.(d) The waiver request shall include the following: (1) The name, mailing address, and daytime telephone number of the owner of the public bathing place to which the request relates and, if available, a fax number and email address;(2) The name, mailing address, and daytime telephone number and, if available, the fax number and email address of the person requesting the waiver, if other than the owner;(3) Identification of the rule for which a waiver is requested;(4) A full explanation of why a waiver is necessary, including an explanation of the economic and operational consequences of complying with the rule as written;(5) For waivers of operational requirements where the owner is not proposing to implement an alternative to the stated requirement, the length of time the owner needs to come into compliance with the stated requirement;(6) If the waiver is based on strict compliance with the rule not being in the best interests of public health or the environment:a. An explanation of why strict compliance would not be in the best interests of public health and the environment; andb. A description of any alternative methods, procedures, or designs that will be used in lieu of complying with the rule;(7) If the waiver is based on an alternative method or material being available that would provide at least the same degree of protection to public health and the environment as the method or material specified:a. A description of the proposed method or material; andb. An explanation of why the proposed method or material provides the same degree of protection to public health and the environment as the method or material specified;(8) Supporting data for the proposed alternative(s); and(9) An explanation of how granting the request would be consistent with the criteria specified in Env-Wq 1116.03(c).(e) The requestor shall submit the request to the department at the address specified in Env-Wq 1103.02(b).(f) The requestor and the owner, if other than the requestor, shall sign and date the request.(g) The signature(s) shall constitute certification that:(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and(2) The signer understands that: a. The submission of false, incomplete, or misleading information is grounds for denying the waiver request or revoking any waiver that is granted based on the information; andb. That he or she is subject to penalties for falsification in official matters, currently in RSA 641.N.H. Admin. Code § Env-Wq 1116.02
#10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100);Derived from Volume XLI Number 19, Filed May 13, 2021, Proposed by #13198, Effective 5/1/2021, Expires 5/1/2031 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1111.02)