Section Env-Or 705.05 - Department Action on Waiver Request(a) The department shall grant a waiver if it determines that: (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) Granting a waiver will not result in any adverse effect on human health or the environment; and(3) The aspect of facility siting or operations to which the waiver relates will be consistent with the purpose of the release detection program.(b) 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 (a), above.(c) The department shall issue a written response to a request for a waiver within 60 days of receipt of the request. If the request is denied, the written response shall specify the reason(s) for the denial.N.H. Admin. Code § Env-Or 705.05
(See Revision Note at chapter heading for Env-Or 700) #8812, eff 2-1-07
Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10832, Effective 6/1/2015, Expires6/1/2025.