Section Env-Wq 402.44 - Waivers(a) Any person who is subject to these rules who wishes to obtain a waiver of a requirement established in these rules shall submit the following information in writing to the department: (1) A description of the facility, site, or activity to which the waiver request relates, including the name, address, and department identification number if one has been assigned;(2) A reference to the specific section(s) of the rules for which a waiver is being sought;(3) A full explanation of why a waiver is being requested, including an explanation of the operational and economic consequences of complying with the rule as written;(4) Whether the waiver is needed for a limited duration and, if so, an estimate of when the waiver will no longer be needed;(5) 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; and(6) A full explanation of how the proposed alternative(s), if any, would be consistent with the intent of RSA 485, RSA 485-A, and RSA 485-C, and would adequately protect human health and the environment.(b) The department shall grant a waiver if it determines that the intent of RSA 485, RSA 485-A, and RSA 485-C will be met and that human health and the environment will be protected. In granting the waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the activities conducted pursuant to the waiver will be protective of human health and the environment.(c) No waiver shall be granted to any requirement specified in statute unless the statute expressly allows such requirement to be waived.(d) The department shall issue a written response to a request for a waiver within 90 days of receipt of the request. If the request is denied, the response shall specify the reason(s) for the denial.N.H. Code Admin. R. Env-Wq 402.44
Derived From Volume XXXVI Number 10, Filed March 10, 2016, Proposed by #11036, Effective 3/1/2016, Expires 3/1/2026.