1. (a) Subject to (h), below, anyone filing an application for approval of an ISDS who wishes to obtain a waiver of one or more specific requirements established in this chapter shall request the waiver as set forth in this section.
2. (b) A request for a waiver shall be submitted to the department with the application or as soon thereafter as the need for the waiver becomes known.
3. (c) An applicant requesting a waiver shall complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Waiver Request for ISDS Approval", NHDES-W-05-012, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-012.
4. (d) The applicant, the ISDS owner, and the property owner, if other than the applicant or ISDS owner, shall sign and date each waiver request.

5. (e) Each signature provided pursuant to (d), above, shall constitute certification by the signer that:

   1. (1) The information contained in or otherwise submitted with the waiver request is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

   2. (2) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:

      1. a. Deny the waiver request and the application to which it relates;
      2. b. Revoke any waiver or approval that is granted based on the information;
      3. c. If the signer is a permitted designer, suspend, revoke, or refuse to renew the designer’s permit; and
      4. d. If the signer is a professional engineer, refer the matter to the office of professional licensure and certification.

6. (f) In addition to the requirements of any other applicable rule or law, the department shall grant a waiver of a rule if it determines that:

   1. (1) Granting the waiver will not result in an adverse effect on public health or the environment that is greater than adherence to the applicable rule;
   2. (2) The purposes and intent of RSA 485-A will be met if the waiver is granted; and
   3. (3) Granting the waiver will not have the effect of waiving or modifying a statutory requirement.

7. (g) If the department determines that an applicant is unable to meet the standard in (f)(1), the department shall grant a waiver of a rule if it determines that:

   1. (1) A waiver is necessary to:

      1. a. Allow an existing legal use to continue;
      2. b. Accommodate an expansion of an existing use, so long as the requested waiver is not for requirements regarding tank size, bed size, or bed setbacks to wetlands with very poorly drained soils or surface waters; or
      3. c. Allow a lot of record created prior to September 1, 1989 or exempt from subdivision approval under Env-Wq 1003.11 to be used for a structure discharging up to 300 gallons per day so long as the requested waiver is not for requirements regarding tank size, bed size, or bed setbacks to wetlands with very poorly drained soils or surface waters;
   2. (2) Any adverse effect or impact is minimized to the maximum extent practicable; and
   3. (3) The requirements in (f)(2) and (3) are met.

8. (h) Each waiver granted shall:

   1. (1) Be part of the written approval of the application;
   2. (2) Include such conditions as are necessary to ensure the criteria in (f), above, are met;
   3. (3) Expire with the approval; and
   4. (4) Be transferable with the approval.
9. (i) If a waiver is denied and the denial causes the application to not be approvable, the denial of the waiver shall be in writing as part of the denial of the application.
10. (j) As specified in RSA 485-A:41, IV, no waiver of rules relating to site loading or setback distances to groundwater or surface waters, sometimes also called separation distances, shall be allowed for an ISDS on a lot created after September 1, 1989.
11. (k) If the full extent of a setback cannot be met due to lot size or other limitations and a waiver is obtained pursuant to this section, the setback reduced by the waiver shall be as close to the specified distance as possible.
12. (l) An applicant may request a waiver of any rule requirement so long as the applicable rule does not explicitly state it shall not be waived.

Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12955, eff