Section Env-Wq 306.07 - Waivers(a) The purpose of this section is to accommodate situations where strict compliance with all rules in this part might not be the best outcome in light of the particular circumstances of a specific situation. (b) Any owner of the practice who wishes to request a waiver of: (1) Specific rules in this part shall do so in accordance with (c) and (d), below; or (2) The hazardous waste rules shall do so in accordance with Env-Hw 202. (c) A request for a waiver shall be submitted to the department in writing. (d) A request for a waiver of specific rules in this part shall include the following information: (1) A specific reference to the section of the rule for which a waiver is being sought; (2) A full explanation of why a waiver is being requested; (3) Detailed information showing how the granting of the waiver is consistent with this part; and (4) A technical analysis demonstrating how any proposed alternate technology, device, or technique provides equivalent or better removal of amalgam waste than strict compliance with this part. (e) If the request for a waiver is incomplete or provides insufficient information to allow the department to make a decision, the department shall ask the requestor to provide additional information. The owner of the practice requesting a waiver shall supply the additional information within 30 days of request by the department. (f) The department shall grant a waiver if: (1) The proposed alternative technology, device, or technique is adequate to ensure that the purpose of these rules is met and the result provides equivalent or better removal of amalgam waste than strict compliance with this part; (2) The amount of amalgam waste generated annually by the practice contains no more than 0.5 grams of mercury; or (3) Through the use of evaporation devices or other technologies, the owner of the practice demonstrates that: a. There is no wastewater discharge from any dental chair station; and b. There is no connection from any dental chair station or plumbing fixture that might discharge amalgam waste to a sanitary sewer or subsurface sewage disposal system. (g) A waiver granted under this section shall apply solely to the rule in this part that is waived, and shall not excuse compliance by the alternative technology, device, or technique with any other applicable federal, state, or local requirements. N.H. Code Admin. R. Env-Wq 306.07
(See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13
Amended by Volume XLI Number 49, Filed December 9, 2021, Proposed by #13287, Effective 12/1/2021, Expires 12/1/2031