Section Env-Wq 403.37 - Waivers(a) Any applicant or permit holder who seeks a waiver of any requirement established by a rule in this part shall request the waiver in accordance with (b), below.(b) To request a waiver, the person seeking the waiver shall submit the following information in writing to the department: (1) The name, mailing address, and daytime telephone number of the person requesting the waiver and, if the person is other than an individual, the name and daytime telephone number of an individual who can be contacted regarding the request;(2) Identification of the site to which the waiver request relates by applicant name and municipality and, if a permit has already been issued, the permit number;(3) Identification of the specific rule for which the waiver is being sought;(4) A full explanation of why a waiver is necessary, including the operational and economic consequences if the waiver is not granted;(5) A full explanation of the alternative(s) that will be implemented in lieu of the stated rule requirement, if any, with a full explanation of how the alternative(s) will be as protective of public health and the environment, including groundwater quality and quantity, as adhering to the rule;(6) Whether the waiver is needed for a limited time and, if so, what that time period is; and(7) A full explanation of how the benefits of granting a waiver are consistent with the intent of RSA 485:3 and RSA 485-C and outweigh the risks or detriments of granting a waiver.(c) The department shall grant a waiver if it finds that: (1) The alternative(s) proposed, if any, will be as protective of public health and the environment, including groundwater quality and quantity, as adhering to the rule; and(2) The benefits of granting a waiver are consistent with the intent of RSA 485:3 and RSA 485-C and outweigh the risks or detriments of granting a waiver.(d) In granting a waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the criteria specified in (c), above, will be met.(e) No waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement, unless the statute expressly provides that the requirement may be waived or modified.(f) If a waiver is granted, the waiver shall be made part of the permit.(g) The department shall issue a written decision on a request for a waiver within the response timeframes established in Env-Wq 403.14 if the request is associated with a preliminary application or Env-Wq 403.21 if the request is associated with a final report. If the waiver is denied, the denial shall specifically set forth the reason(s) for the denial.N.H. Admin. Code § Env-Wq 403.37
Derived From Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12493, Effective 3/21/2018, Expires 3/21/2028.