Section Env-Wq 1116.03 - Review of Request; Criteria for Granting Request(a) The department shall review a request for a waiver of a design requirement as part of the review of the application submitted pursuant to Env-Wq 1103.02.(b) The department shall review a request for a waiver of an operational requirement within 15 working days of receiving the request.(c) The department shall grant a waiver if the department determines that: (1) The requirement is not established in a statute or that the statute which establishes the requirement expressly authorizes waivers to the requirement to be granted; and(2) Granting the waiver will not result in a lower level of protection being afforded to public health or the environment than complying with the rule as adopted.(d) The department shall include such conditions in the waiver as are necessary to ensure the criteria of (c), above, are met.(e) For operational waivers where the owner is not proposing to implement an alternative to the stated requirement, the department shall specify the expiration date of the waiver.(f) The department shall notify the owner of the decision on the waiver request in writing. If the request is denied, the decision shall specify the reason(s) for the denial.N.H. Code Admin. R. Env-Wq 1116.03
#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 1111.03)