Section 485-A:41 Rulemaking; Duties of the Commissioner.
The commissioner shall:
I. Exercise general supervision over the administration and enforcement of this subdivision.
II. Employ necessary personnel.
III. Prohibit construction of systems which would pollute the surface waters or groundwaters of the state, until an acceptable and practicable method exists which will prevent the pollution.
IV. Adopt rules, pursuant to RSA 541-A and after public hearing, relative to the implementation of this subdivision. The commissioner shall adopt rules relative to the circumstances under which the commissioner may grant a waiver of any rule, except that no waivers of rules relating to site loading or set-back distances to ground or surface waters shall be allowed for sewage or waste disposal systems on lots in subdivisions created after September 1, 1989. A waiver must be consistent with the intent of this subdivision and have a just result. In particular, an encroachment waiver shall meet the following criteria:
(a) The proposed waiver shall not encroach upon the right of the owner of abutting property to fully utilize his land, unless said property owner has granted consent in the form of a signed waiver or deeded easement; and
(b) Denial of the waiver would result in unnecessary hardship to the owner due to special characteristics of the property.
Source. 1989, 339:1. 1996, 228:82, 110, eff. July 1, 1996.