1. (a) The department shall approve a request for a waiver if it determines that:

   1. (1) The requirement is not mandated by state or federal statute;
   2. (2) The alternatives proposed are at least equivalent to the requirements contained in these rules;
   3. (3) The proposed alternatives are adequate to ensure that the intent of RSA 485-A and RSA 485-C is met; and
   4. (4) Granting the waiver will not endanger public health and safety or the environment.
2. (b) The department shall issue a written decision on a request for a waiver within 60 days of receipt of a complete request.
3. (c) If the waiver is granted, the department shall include such conditions as are necessary to ensure that the criteria in paragraph (a) above, will be met.
4. (d) The waiver shall specify the date on which it shall expire, which shall expire no later than the expiration of the associated permit.
5. (c) If the request is denied, the decision shall state the specific reason(s) for the denial.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24