Section Env-Wq 511.05 - Criteria(a) Subject to (b), below, the department shall grant a waiver if:(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the CWSRF program as complying with the requirements contained in this chapter;(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department's obligations under RSA 486, the CWA, or any capitalization grant; and(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the CWSRF.(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 486, the CWA, or a capitalization grant, unless: (1) Such statute or grant expressly provides that the requirement may be waived or modified; and(2) In the case of a federal statute or capitalization grant, EPA does not object to granting the waiver.N.H. Code Admin. R. Env-Wq 511.05
Derived From Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10984, Effective 12/1/2015, Expires12/1/2025.Amended by Number 2, Filed January 12, 2023, Proposed by #13511, Effective 12/20/2022, Expires 12/20/2032.