N.H. Code Admin. R. Env-Ws 301.04

Current through Register No. 25, June 20, 2024

Section Env-Ws 301.04 - Waivers

(a) The rules contained in this chapter apply to a variety of conditions and circumstances. It is recognized that strict compliance with all rules prescribed herein might not fit every conceivable situation. Any public water system that is or would be adversely affected by the strict application of these rules that wishes to request a waiver of specific rules established by this chapter shall request the waiver in accordance with (b), below.

(b) A request for a waiver shall:

(1) Be submitted in writing to the department; and

(2) Include the following information:

a. A description of the circumstance to which the waiver request relates;

b. A specific reference to the section(s) of the rules for which a waiver is being sought;

c. A full explanation of why a waiver is necessary and demonstration of hardship caused if the rule is adhered to;

d. A full explanation of the alternatives for which a waiver is sought, if any, with backup data for support; and

e. A full explanation of how granting the waiver would be consistent with the intent of RSA 485, would have a just result, and would adequately protect human health and the environment.

(c) The department shall approve a request for a waiver if it finds that:

(1) The requirement is not mandated by state or federal statute;

(2) Granting the waiver, conditional upon implementation of alternatives, if proposed, will result in circumstances that are as protective of public health as the requirements contained in this chapter; and

(3) Granting the waiver, conditional upon implementation of alternatives, if proposed, will not adversely impact the department's obligations under RSA 485 and obligations associated with maintaining primacy from the EPA.

(d) The department shall issue a written decision on a request for a waiver. If the waiver is denied, the denial shall specifically set forth the reason(s) for the denial.

N.H. Code Admin. R. Env-Ws 301.04

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12-1-05; ss by #8498, eff 11-30-05