N.H. Code Admin. R. Env-Ws 905.06

Current through Register No. 25, June 20, 2024

Section Env-Ws 905.06 - 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. The owner of the practice thus may request a waiver of:

(1) Specific rules in this part, in accordance with (b) and (c), below; or

(2) The hazardous waste rules, in accordance with Env-Wm 212.

(b) A request for a waiver shall be submitted to the department in writing.

(c) A request for a waiver shall include the following information:

(1) A specific reference to the section of the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary;

(3) Detailed information showing how the granting of the waiver is consistent with this part; and

(4) A technical analysis demonstrating how any proposed alternate technology, device, or technique provides equivalent or better removal of amalgam waste than strict compliance with this part.

(d) If the request for a waiver is incomplete or provides insufficient information to allow the department to make a decision, the department shall ask for additional information to be provided. The owner of the practice requesting a waiver shall supply the additional information within 30 days of request by the department.

(e) The department shall grant a waiver if:

(1) The proposed alternative technology, device, or technique is adequate to ensure that the purpose of these rules is met and the result provides equivalent or better removal of amalgam waste than strict compliance with this part;

(2) The amount of amalgam waste generated annually by the practice contains no more than 0.5 grams of mercury; or

(3) Through the use of evaporation devices or other technologies, the owner of the practice demonstrates that:

a. There is no wastewater discharge from any dental chair station; and

b. There is no connection from any dental chair station or plumbing fixture that might discharge amalgam waste to a sanitary sewer or subsurface sewage disposal system.

(f) A waiver granted under this section shall apply solely to the rule in this part that is waived, and shall not excuse compliance by the alternative technology, device, or technique with any other applicable federal, state, or local requirements.

N.H. Code Admin. R. Env-Ws 905.06

#8362, eff 5-28-05