Section 113.15. Variances.


Latest version.
  • (1) General. The department may approve a variance from the requirements of this chapter when it determines that special circumstances make compliance impractical or not in the best interests of the state and the department is satisfied that issuance of a variance will not be detrimental to public health or the environment.
    (2) Applicability. A variance may be requested from any requirement in this chapter that is not based on state statutes or federal statutes or regulations. A variance may not be issued for a statutory requirement.
    (3) Request for variance. A request for a variance shall be submitted in writing to the department. Each request for a variance shall contain the following:
    (a) The name of the applicant;
    (b) The section of this chapter from which a variance is sought and a statement explaining why the variance is necessary;
    (c) An adequate description of the variance and the circumstances in which it will be used, including any pertinent background information which is relevant to making a determination on the justification of granting the variance; and
    (d) A statement as to whether the same or similar variance has been requested previously, and if so, circumstances of the previous request.
History: Cr. Register, September, 1996, No. 489 , eff. 1-1-97.