Section 33.02. Variances.

 

(1)   Variance request. An operator may request a variance from a standard or requirement under this chapter. The operator shall make the request in writing, and may include the request as part of a filing under s. ATCP 33.10 (1) . A request shall include all of the following:

(a) A clear description of the proposed nonconforming feature for which the operator seeks the variance.

(b) A statement describing how the proposed nonconforming feature will provide equivalent protection for waters of the state.

(c) A statement by a professional engineer, certifying that the proposed nonconforming feature will provide equivalent protection for waters of the state, if the proposed feature affects any of the following:

1. The containment of bulk fertilizer or bulk pesticide.

2. The containment or recovery of discharges.

(2)   Action on variance request. The department may grant a variance request under sub. (1) if the department finds that the proposed nonconforming feature will provide equivalent protection for waters of the state. The department shall grant or deny a request within 30 days after the department receives a complete request, except that the department may for good cause extend the action deadline if the department gives written notice of the extension within the initial 30-day period. The extension notice shall include the extended deadline.

CR 05-108 : cr. Register October 2006 No. 610 , eff. 11-1-06.