Section Env-Wq 719.03 - Decisions on Waiver Requests(a) The department shall grant a waiver if it determines that: (1) The requirement that is the subject of the request is not established in state or federal statute or federal regulations or the state or federal statute or federal regulation that establishes the requirement expressly provides that it can be waived; and(2) Granting a waiver will not result in a lower level of protection of public health, the environment, and WWTP operators as complying with the requirement as written.(b) The department shall include such conditions in the waiver as are necessary to ensure the criteria of (a), above, are met.(c) If the waiver is needed for a finite period of time, the department shall specify the expiration date of the waiver.(d) The department shall notify the owner of its decision on the waiver request in writing. If the request is denied, the decision shall specify the reason(s) for the denial.N.H. Code Admin. R. Env-Wq 719.03
Adopted byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10693, Effective 10/15/2014, Expires10/15/2024.