New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 400 - GROUNDWATER PROTECTION
Part Env-Wq 401 - REQUIRED BEST MANAGEMENT PRACTICES FOR GROUNDWATER PROTECTION
Section Env-Wq 401.11 - Waivers

Universal Citation: NH Admin Rules Env-Wq 401.11

Current through Register No. 13, March 27, 2025

(a) Any person who is subject to these rules who wishes to obtain a waiver of specific rules in this part shall request the waiver in accordance with this section.

(b) The person requesting the waiver(s) shall submit the following information in writing to the department:

(1) The name, mailing address, daytime telephone number, and email address, if any, of the person who is requesting the waiver and, if the person is other than an individual, the name, daytime telephone number, and email address, if any, of an individual who can be contacted by the department relative to the request;

(2) A description of the facility or site to which the waiver request relates, including the name, address, and identification number of the facility or site;

(3) Identification of the specific section of the rules from which a waiver is being sought;

(4) A full explanation of why a waiver is being requested;

(5) Whether the waiver is needed for a limited or indefinite period of time;

(6) A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the requirement(s) for which the waiver is requested; and

(7) A full explanation of how granting a waiver with the proposed alternative(s), if any, will meet the criteria specified in (c), below.

(1) The requirement to be waived is not established by statute, unless the statute that establishes the requirement expressly authorizes the department to grant waivers of the requirement;

(2) The intent of RSA 485-C to preserve and protect the natural quality of groundwater resources will be met; and

(3) Granting a waiver will not result in any adverse effect on human health or the environment.

(d) The department shall include such conditions, including time limitations, as are necessary to ensure that the activities conducted pursuant to the waiver will meet the criteria specified in (c), above.

(e) The department shall issue a written response to a request for a waiver within 90 days of receipt of the request. If the department denies the request, the reasons(s) for the denial shall be clearly stated in the written response.

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