Section He-P 4040.13 - Waivers(a) DHHS/RHS has found that He-P 4040 applies to a variety of conditions and uses, and that the strict application of these rules may result in hardship or misapplication. The purpose of these waiver procedures is to accommodate those situations where strict adherence would not be in the best interest of the public.(b) Any person who is or would be directly and adversely affected by the strict application of a rule in He-P 4040 may request a waiver, provided that such waiver does not contravene a federal statute or regulation, state statutory requirement, or state or federal constitutional requirement.(c) Any person who wishes to request a waiver shall submit a written request for a waiver.(d) The request for a waiver shall include the following information: (1) The identification of the facility or activity to which the request relates;(2) The specific citation to the He-P 4040 rule from which a waiver is sought;(3) A full explanation of why a waiver is being requested;(4) A full explanation of any alternate procedure, method, or other activity that is sought to be substituted for the procedure, method, or other activity that is required by the rule from which a waiver is being sought;(5) The limit of duration requested for the waiver; and(6) A full explanation of why the person believes that having the waiver granted will not adversely impact the public health or safety, the environment, or property.(e) All requests for a waiver shall be submitted to DHHS/RHS.(f) Where a request for a waiver relates to an application for a registration, the person requesting the waiver shall submit the request as part of such application, or as soon thereafter as the person identifies the need for the request.(g) DHHS/RHS shall grant a request for a waiver if the requesting party demonstrates that: (1) The waiver shall not result in an adverse effect to public health or safety, the environment, or property; and(2) Strict compliance with the applicable section of He-P 4040 rule: a. Will result in an adverse effect to the public health or safety, the environment, or property; orb. Is technologically infeasible.(h) DHHS/RHS shall send written notification to the person requesting the waiver of the determination on the request. If the waiver is submitted as part of the registration application and is granted, it shall become part of the registration document.N.H. Admin. Code § He-P 4040.13
Derived From Volume XXXV Number 27, Filed July 9, 2015, Proposed by #10864, Effective 6/25/2015, Expires 6/25/2025.