Section 204.15. Variances.

 

(1)   General. A permittee may request a variance from any non-statutory requirement of this chapter, providing that minimum federal regulations are adhered to. 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. A request for a variance shall be submitted in writing to the department, as far in advance as possible. Each request for a variance shall contain the following:

(a) The name, address, phone number and permit 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 of granting the variance. Full detail of the permittee's sludge management operation and plan should be included here with specific details of any proposed alternative management plan; and

(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. A copy of each variance request and the department response shall be retained in the permittee's permit file.

History: Cr. Register, December, 1995, No. 480 , eff. 1-1-96.