Section 159.03. Approved comparable compliance.

 

(1)  The department may, upon request or its own initiative, approve an alternative to any requirement in this chapter, which is not mandated by state statue or federal law, if the department determines that the alternative is as protective of human health and the environment as the requirement.

(2)  A request for approval of an alternative to a requirement shall be made in writing to the department and include all of the following:

(a) Identification of the specific rule requirement for which the alternative is requested.

(b) The reason for the request.

(c) A description of the alternative.

(d) The time period for which the alternative is requested.

(e) Proof that the alternative is as protective of human health and the environment as strict compliance with the rule.

(f) Any other information requested by the department.

(3)  Within 30 days after receiving a written request for comparable compliance, the department shall approve or deny the request in writing. If the department denies the request, the reason for the denial shall be stated. If the department approves a request for alternative compliance, the department may do any of the following:

(a) Impose any condition on an alternative which the department deems necessary.

(b) Modify the alternative.

(c) Limit the duration of an alternative.

(d) Revoke approval of an alternative if any of the following occurs:

1. The alternative adversely affects the health, safety or welfare of persons or the environment.

2. The person fails to comply with any terms or conditions of the approval.

3. There is a change in applicable law.

(4)  The department may charge a fee of up to $100 to review a request for an alternative.

(5)  The department's denial of a request for comparable compliance is a final decision of the department and is not subject to a hearing under s. DHS 159.46 .

History: CR 08-036 : cr. Register February 2009 No. 638 , eff. 5-1-09.