1. (a) Subject to (b), below, the department shall grant a waiver upon determining that:

   1. (1) Granting a waiver will be consistent with the intent of RSA 482;
   2. (2) Human life, public safety, and the environment will be protected; and
   3. (3) Any benefit to the public or the environment from strict compliance with the rule is outweighed by the economic and operational consequences of strict compliance with the rule.
2. (b) No waiver shall be granted of a requirement that is prescribed by statute, unless a waiver is expressly allowed by the statute that would be waived.
3. (c) The department shall issue a written decision on a request for a waiver within 60 days of a submittal completed in accordance with Env-Wr 202.03. If the request is denied, the decision shall specify the reason(s) for the denial.
4. (d) If the need for the waiver is temporary, the department shall identify the expiration date of the waiver in its written decision.
5. (e) If the department determines that conditions are necessary for the criteria specified in (a), above, to be met, the department shall include such conditions as are necessary in the waiver.

Source. #10509, eff 1-22-14; ss by #13979, eff 5-24-24 (see Revision Note at chapter heading for Env-Wr 100)