Section Env-Wq 811.03 - Waiver Criteria(a) Subject to (b), below, the department shall approve a request for a waiver that is not being requested to accommodate research of alternatives to current requirements if it finds that granting the waiver will, with the implementation of any proposed alternatives, be: (1) At least equivalent to the requirements specified in Env-Wq 800;(2) Adequate to ensure that the provisions of RSA 485-A and RSA 485-C are met;(3) As protective of human health and safety and the environment as compliance with the rule that is being waived; and(4) Consistent with the intent of applicable statutes and rules.(b) The department shall approve a request for a waiver that is being requested to accommodate research of alternatives to current requirements if it finds that:(1) The proposed research plan includes establishing relevant background conditions and monitoring during the study to ensure protection of public health and the environment;(2) The individual(s) who will be conducting the research are qualified by reason of education and experience;(3) The requested waiver is necessary to allow the research to proceed; and(4) The research will not pose an unreasonable threat to the environment or public health.N.H. Code Admin. R. Env-Wq 811.03
(See Revision Note at chapter heading for Env-Wq 800) #8887, eff 5-23-07
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.