Section 114.25. Variances.

 

(1)   General. A certified septage operator may request a variance from any non-statutory requirement of this chapter. The department may approve a variance from requirements of this chapter when special circumstances show that a variance will not negatively impact the environment or pose a threat to public health.

(2)   Request for variance. An applicant for a variance shall submit a written request for a variance to the department, as far in advance as possible. Each request for a variance shall contain all of the following:

(a) The name, address, phone number and operator certification number of the applicant.

(b) The section or sections of this chapter from which a variance is sought and a statement explaining why it is requested.

(c) A full 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 for granting the variance.

(d) A statement as to whether the same or similar variance has been requested previously, and if so, outcome of the previous request.

(3)   Approval of variance. The department shall approve or deny the variance in writing. A copy of each variance request and the department's decision shall be retained by the operator.

History: CR 04-047 : cr. Register November 2004 No. 587 , eff. 12-1-04.