Section Env-Wq 2102.33 - Waivers(a) Any person requesting a waiver to a requirement established in this part shall submit the following information in writing to the department: (1) A description of the facility and water use to which the waiver request relates;(2) A specific reference to the section of the rule for which a waiver is being sought;(3) A full explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;(4) A full explanation, with supporting data, of the alternatives that will be implemented in lieu of the requirement if a waiver is granted, if any;(5) Whether the waiver is needed for a limited duration, and if so, an estimate of when the waiver will no longer be needed; and(6) A full explanation of how granting a waiver would meet the criteria stated in (b), below.(b) The department shall grant a waiver if it determines that:(1) The intent of RSA 488 will be met;(2) The waiver will result in water use information that is at least equivalent to the information that would be generated by complying with the rules as written; and(3) Granting the waiver will not result in a statutory requirement being waived.(c) In granting the waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the criteria specified in (b), above, are met.(d) The department shall issue a written response to the water user within 30 business days of receipt of a complete request. If the waiver is denied, the department's response shall specify the reason(s) for the denial.(e) No waiver shall be granted to any requirement specified in statute unless the statute expressly allows such requirement to be waived.N.H. Code Admin. R. Env-Wq 2102.33
Dererived From Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12135, Effective 3/21/2017, Expires 3/21/2027.