Section Env-Ws 342.05 - Disposition of a Variance Request(a) The department shall notify the applicant in writing of its proposed decision on the application for a variance.(b) If the department proposes to deny the application, the notice sent pursuant to (a), above, shall: (1) State the reason(s) for the proposed denial;(2) O ffer the applicant an opportunity to present additional information or argument to the department within 30 days of the date of the notice; and(3) Inform the applicant that if additional information is not received, the application shall be deemed denied as of the day following the deadline for submitting the information .(c) If the applicant submits additional information or argument, the department shall make a final determination on the request within 30 days after receiving the additional information or argument.(d) If the department proposes to grant a variance request, the notice sent pursuant to (a), above, shall identify:(1) The name, location, and EPA identification number of the water system to which the variance will apply;(2) The proposed variance;(3) The period of time for which the variance will be effective;(4) For a variance requested under Env-Ws 342.01(a), a proposed schedule in accordance with Env-Ws 342.06;(5) For a variance requested under Env-Ws 342.01(a), that the variance shall be terminated:a. W hen the system comes into compliance with the applicable rule; orb. U pon a finding by the department, after public hearing, that the system has failed to comply with any requirements of a final schedule issued pursuant to Env-Ws 342.07(j) or Env-Ws 342.08, as applicable, and cannot or will not take steps to come back into compliance with the schedule ; and(6) For a variance requested under Env-Ws 342.01(b), that the variance shall be terminated if the department determines, after a public hearing, that: a. The nature of the raw water source is such that the specified treatment technique for which the variance was granted is necessary to protect the health of persons; orb. The public water system has failed to comply with monitoring and other requirements prescribed by the department as a condition to the granting of the variance.N.H. Code Admin. R. Env-Ws 342.05
(See Revision Note at chapter heading Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8497, eff 11-30-05 (formerly Env-Ws 342.13 )