18 AAC 31.930 - Variance from requirements

(a) Except for a fee required by 18 AAC 31.050, the department will grant a variance from a requirement of this chapter if the department finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a variance must be submitted in writing to the department, on a form supplied by the department, and must

(1) specify the requirement for which the variance is sought;

(2) state the reason why the requirement cannot be met; and

(3) describe the alternate method proposed to meet the purpose of the requirement.

(c) The department may grant a variance application with or without conditions.

(d) A variance granted under this section is valid only if the operator complies with the terms agreed upon in the variance. A variance may not be transferred.

Notes

18 AAC 31.930

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.930, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

Authority:AS 17.20.005

AS 17.20.010

AS 17.20.020

AS 17.20.072

AS 17.20.180

AS 44.46.020