Section Env-Wq 2101.23 - Waivers(a) The purpose of this section is to accommodate situations where strict compliance with all rules in this part may not be the best outcome in light of the particular circumstances of the situation.(b) This section shall not apply to the requirements in Env-Wq 2101.20, for which waiver requests shall be filed as specified in Env-Wq 2101.21.(c) Subject to the limitation in (b), above, any owner of a conservation system who wishes to request a waiver of one or more specific requirements of this part shall do so as specified in this section.(d) The person requesting the waiver shall submit a written request to the department that includes the following information:(1) The name, mailing address, and location of the conservation system or water user to which the waiver request relates;(2) The name, daytime telephone number and, if available, fax number and e-mail address of the individual who is knowledgeable about the request and who can answer questions on behalf of the requestor;(3) A description of the conservation system or water user to which the waiver request relates, including the population served by the water system, if applicable;(4) A reference to the specific section of the rules for which a waiver is sought;(5) 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;(6) A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the section's requirements;(7) A discussion of the length of time the waiver will be needed; and(8) A full explanation of how the proposed alternative(s), if any, meets the criteria specified in (f), below.(e) The department shall issue a written response to a request for a waiver within 45 days of receipt of the request. If the department denies the request, the reason(s) for the denial shall be clearly stated in the written response.(f) The department shall grant a waiver if the submitted request demonstrates that:(1) The requirement for which a waiver is requested is not a statutory requirement;(2) The health and safety of the population served by the conservation system will not be compromised if the waiver is granted;(3) The operational and economic consequences of complying with the rule as written outweigh any benefit to be obtained from complying with the rule as written; and(4) Granting a waiver will not contravene the intent of RSA 485:61 or these rules.(g) The department shall include in the waiver any conditions necessary to ensure that the criteria specified in (f), above, are met.(h) No waiver shall be valid for more than 4 years, but the conservation system or water user for which or to whom a waiver is granted may request the same waiver again, provided that the previous waiver shall expire unless the request is received prior to the expiration of the waiver then in effect.N.H. Code Admin. R. Env-Wq 2101.23