Section Env-Ws 379.26 - Waivers(a) The rules contained in this part 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. Suppliers of water may request a waiver of specific rules outlined in this part in accordance with paragraph (b) below.(b) All requests for waivers shall be submitted in writing to the department and shall include the following information:(1) A description of the site to which the waiver request relates;(2) A specific reference to the section of the rule for which a waiver is being sought;(3) A full explanation of why a waiver is necessary and demonstration of hardship caused if the rule is adhered to;(4) A full explanation of the alternatives for which a waiver is sought with backup data for support; and(5) A full explanation of how the alternatives for which a waiver is sought: a. Are consistent with the intent of RSA 485:8 and RSA 485:48;b. Would have a just result; andc. Would adequately protect human health and the environment.(c) The department shall approve a request for a waiver if it finds that the alternatives proposed are at least equivalent to the requirements contained in this part, and are adequate to ensure that the provisions of RSA 485:8, and RSA 485:48 are met.(d) The department shall not grant any waiver which in its judgment contravenes the intent of any rule.(e) The department shall issue a written response to 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 379.26
(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #6979, eff 4-21-99; ss by #8871, INTERIM, eff 4-21-07, EXPIRES: 10-18-07