1. (a) The department shall include such conditions as are needed to ensure compliance with Env-Sw 2103.05(b) in any waiver granted.

2. (b) The department shall notify the following in writing of the decision to either grant or deny a waiver:

   1. (1) The requestor;
   2. (2) The qualified ADS contractor, if the waiver is site-specific or project-specific and the qualified ADS contractor is known;
   3. (3) The local health officer and any owner(s) the requestor was required to notify pursuant to Env-Sw 2103.03(b); and
   4. (4) The USEPA, if the waiver is for a rule that cannot be waived without having first obtained USEPA approval of the alternative control method, as specified in Env-Sw 2103.05(d) and (e).

3. (c) If the department denies the waiver, the notice provided pursuant to (b), above, shall:

   1. (1) Clearly state the reason(s) for denial; and
   2. (2) Inform the requestor of the procedures by which the decision can be appealed.

4. (d) Waivers, when issued, shall include:

   1. (1) The name of the person(s) to whom the waiver is issued;
   2. (2) Identification of the rule(s) being waived;
   3. (3) For a waiver that is specific to a site, project, activity, person, or work plan, or any combination thereof, identification of the specific site, project, activity, person, or work plan, or any combination thereof, to which the waiver applies;
   4. (4) If the waiver is not specific to a particular site, project, activity, person, or work plan, or some combination thereof, a statement to that effect;

   5. (5) The terms and conditions under which the waiver is granted, including provisions for:

      1. a. Transfer if the waiver is site specific and is intended to run with the property;
      2. b. Ensuring compliance with any alternative to be used in lieu of complying with the rule as written; and
      3. c. Ensuring the criteria for the granting of the waiver in Env-Sw 2103.05 are met;
   6. (6) The effective date and expiration date; and
   7. (7) The signature of the department’s commissioner or designee.

5. (e) In no case shall the waiver of any requirement in this chapter be construed as:

   1. (1) An authorization of any activity that occurred prior to the effective date of the waiver;
   2. (2) An authorization of any activity that does not comply with RSA 141-E and the requirements of this chapter that have not been waived;
   3. (3) A waiver of any obligation to comply with all other applicable federal, state, and local requirements for asbestos management and control, including, but not limited to the requirements identified in Env-Sw 2101.01(b);
   4. (4) A waiver of any obligation to obtain all requisite local, state, and federal permits or approvals; or
   5. (5) A waiver of any cause of action for violations predating the waiver.

Source. #12605, eff 9-1-18