N.H. Code Admin. R. Env-Dw 1109.05 - Criteria
Current through Register Vol. 41, No. 39, September 30, 2021
(See Revision Note at chapter heading for Env-Dw 1100) #8702, eff 8-24-06
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Env-Dw 1109.05 Criteria.
(a) Subject to (b), below, the department shall grant a waiver if:
(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the DWSRF program as the requirements contained in this chapter;
(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 486 and obligations associated with maintaining primacy from the EPA; and
(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the SRF.
(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 486, the federal safe drinking water act, 42 U.S.C. §§ 300f - 300j-26, or a capitalization grant, unless:
(1) Such statute or grant expressly provides that the requirement may be waived or modified; and
(2) In the case of a federal statute or capitalization grant, EPA does not object to granting the waiver.
Source. (See Revision Note at chapter heading for Env-Dw 1100) #8702, eff 8-24-06; ss by #10772, eff 1-24-15 (from Env-Dw 1109.04)