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

   1. (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. (2) The name, physical address, and registration number of the facility;
   3. (3) The specific rule, by section and paragraph, for which a waiver is being sought;
   4. (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. (5) Whether the need for the waiver is temporary, and if so, the estimated length of time that the waiver will be needed;
   6. (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. (7) A complete explanation of why the requestor believes that having the waiver granted will meet the criteria in Env-Or 409.03.
2. (b) The owner shall sign and date the request.

3. (c) The owner’s signature shall constitute certification that:

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

   2. (2) The signer understands that:

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

         1. 1. Deny the request;
         2. 2. Revoke any waiver that is granted based on the information;
         3. 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. 4. Undertake any combination of 1. through 3., above; and
      2. b. The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.
4. (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.

Source. (See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)