Section 173.21. Variances.

 

(1)   Variance approvals. The department may approve a variance from a requirement of this chapter if all of the following conditions are met:

(a) The grantee's written request for a variance clearly explains the circumstances justifying the variance.

(b) The department takes into account factors such as good cause and circumstances beyond the control of the grantee.

(c) The department determines that a variance is essential to effect necessary grant actions or where special circumstances make a variance in the best interest of the program or the state, in accordance with the program's goals to remedy environmental contamination of brownfields for projects with a long-term public benefit.

(2)   Variance disapproval. The department may not grant variances from statutory requirements.

History: CR 02-063 : cr. Register November 2002 No. 563 , eff. 12-1-02.