(a) Subject to (b), below, the department shall grant a waiver if it finds that:
- (1) The requirement is not mandated by state or federal statute;
- (2) Granting the waiver, with or without conditions, will be as protective of public health as complying with the requirement as written;
- (3) Granting the waiver, with or without conditions, will not adversely impact the department’s obligations under RSA 485 and obligations associated with maintaining primacy from the EPA; and
- (4) Strict adherence to the NH drinking water rules could cause operational or economic consequences that are not outweighed by the public health benefit of complying with the rules as written.
- (b) The department shall consider economic, technological, practical application, and safety issues in evaluating a waiver request, but shall not grant a waiver solely on the basis of cost.
Source. (See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14