1. (1) The State Commissioner of Health may on written application supported by documentation grant a general waiver from a provision of this Part, subject to appropriate conditions, where such waiver is consistent with the general purpose and intent of this Part, to a full-time city, county or part-county health department.

2. (2) Such waiver shall include the effective date, the time period, if any, for which the waiver is granted, the requirement(s) being waived and any other limiting conditions such as types of systems, local conditions or geographical areas where the waiver can be used.

   (b) Specific waiver.

   The State Commissioner of Health, his designated representative or the designated full-time city, county or part-county health department official, may on written application grant a specific waiver from a provision of this Part, where such waiver is consistent with the general purpose and intent of this Part. The applicant receiving such waiver must be advised in writing if the design or conditions approved do not meet State standards and the potential consequences of such deviations. Systems with a surface discharge are prohibited and are not eligible for a waiver.

   (c) Local waiver.

3. (1) The State Commissioner of Health or his designated representative may on written application from a municipality, in areas where a city, county or part-county health department does not exist, grant a local waiver to allow the use of an alternative-type sewage treatment system as shown in Appendix 75-A of this Title.
4. (2) Such waiver shall indicate the limitations and conditions of installation, and require that the installation be certified by the municipality, a licensed professional engineer, registered architect, or other person authorized under the Education Law to design such a system as complying with the standards and waiver.

(a) General waiver.