Section Env-Wq 1509.04 - Waiver Criteria(a) Subject to (b), below, the department shall grant a waiver if: (1) Granting the request will not result in an adverse impact on the environment, public health, public safety, or abutting properties that is more significant than the impact that would result from complying with the rule as written; and(2) One or more of the following conditions is satisfied:a. Granting the request is consistent with the intent and purpose of the rule being waived; orb. Strict compliance with the rule in the circumstances presented will provide no benefit to the public or the environment.(b) No waiver shall be granted: (1) If the effect of the waiver would be to waive or modify a statutory requirement; or(2) To any of the criteria for obtaining a permit specified in Env-Wq 1503.19.N.H. Code Admin. R. Env-Wq 1509.04
(See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.