N.H. Admin. Code § Env-Or 409.02

Current through Register No. 50, December 12, 2024

Section Env-Or 409.02 - Waiver Requests

(a) To request a waiver, the owner shall submit the following in writing to the department:

(1) The name, mailing address, and daytime telephone number including area code of the owner and, if available, a fax number and e-mail address for the owner;

(2) The name, physical address, and registration number of the facility;

(3) The specific rule, by section and paragraph, for which a waiver is being sought;

(4) A full explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

(5) Whether the need for the waiver is temporary, and if so, the estimated length of time that the waiver will be needed;

(6) If applicable, a complete explanation of the alternative that is proposed to be substituted for the requirement in the rule, including written documentation or data, or both, to support the alternative; and

(7) A complete explanation of why the requestor believes that having the waiver granted will meet the criteria in Env-Or 409.03.

(b) The owner shall sign and date the request.

(c) The owner's signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

1. Deny the request;

2. Revoke any waiver that is granted based on the information;

3. If the signer is a professional engineer, refer the matter to the board of professional engineers established by RSA 310-A:3; or

4. Undertake any combination of 1. through 3., above; and

b. The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(d) The department shall transmit a copy of each waiver request filed in compliance with (a) and (b), above, to EPA within 5 working days of its receipt.

N.H. Admin. Code § Env-Or 409.02

(See Revision Note at chapter heading for Env-Or 400) #10393, eff 9-1-13

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12643, Effective 10/10/2018, Expires 10/10/2028.