Section Env-Ws 373.28 - Waivers(a) Non-community water systems that have operated in compliance with all applicable requirements of Env-Ws 300 for at least 12 monthsmay apply to the department for a waiver of particular design criteria.(b) Waivers shall not be granted for criteria which pose a direct risk to public health such as proper well construction, back-up wells where required, water quality standards, or the integrity of water storage tank(s).(c) Waivers shall be granted where the water system can document effective operation in its current configuration.(d) Waiver requests for non-community water systems sanitary protective area may be submitted by the water system owner as follows: (1) All requests for waivers shall be submitted in writing and shall be signed by the water system owner and the water system's designer; and(2) The request shall include information on technically-important factors for a waiver of the sanitary protective area such as historical water quality, if applicable, overburdened soil depth, soil type, height and consistency of water table, and direction of slope.N.H. Admin. Code § Env-Ws 373.28
(See Revision Note at chapter heading for Env-Ws 300); ss by #8499, eff 11-30-05