N.H. Code Admin. R. Env-Wq 305.09

Current through Register No. 25, June 20, 2024

Section Env-Wq 305.09 - Waivers

(a) Waivers to the pretreatment standards set forth in a sewer use ordinance approved by the department shall be granted by the department only in accordance with this section.

(b) All requests for waiver approval shall be submitted to the department by the municipality and shall be in writing.

(c) All waiver requests shall include the following information:

(1) A full explanation of why a waiver is necessary, with supporting information and calculations;

(2) A full explanation of how the granting of the waiver is consistent with the purpose of RSA 485-A as set forth in RSA 485-A:1;

(3) A technical analysis of the effects of the proposed discharge on the POTW, relative to:

a. Performance and effluent quality;

b. Operation and maintenance;

c. Safety and health of workers;

d. Pass through; and

e. Sludge use or disposal; and

(4) Any other information that the person requesting the waiver believes is relevant to the waiver request.

(d) The department shall review the waiver request within 30 days of receipt. If the request does not contain all of the information specified in (c), above, or if the information is otherwise insufficient to allow the department to make an informed decision, the department shall request additional information.

(e) The department shall grant a waiver if the information submitted by the applicant demonstrates that:

(1) The alternatives proposed are at least equivalent to the specific requirements contained in the rule; or

(2) The alternatives proposed are adequate to ensure that the purpose of RSA 485-A is met and the result provides equivalent or better protection of the POTW and the receiving waters.

(f) The department shall notify the municipality of its decision in writing. If the waiver request is denied, the written decision shall specifically state the reason(s) for the denial.

N.H. Code Admin. R. Env-Wq 305.09

(See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13

Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13241, Effective 7/24/2021, Expires 7/24/2031