Basis and Purpose: The statutory authority
for this rule is found in sections
37-91-101(1);
37-91-104(1)(c), (j), (k) & (2); 37-91-106(3); 37-91-109(1); and
37-91-110(2), C.R.S. The purpose of this Rule is to allow the Board to approve
alternate methods of construction or abandonment of an excavation over which it
has jurisdiction, in the event that the individual requesting such alternative
to the minimum standards can adequately demonstrate that the variance will
protect the health and safety of the public and prevent contamination to
Colorado's groundwater.
18.1
General When the strict application of any provision of these
Rules presents practical difficulties or unusual hardship, the Board may grant
a variance for a specific instance or method of construction, and may impose
any conditions deemed necessary to protect the groundwater and aquifers from
contamination.
18.2
Written
Request Required - Any request for a variance must be submitted to the
Board of Examiners in writing and must be signed by the well owner or his or
her agent. Such request must specify:
a. the
nature and reason for seeking the variance,
b. the proposed construction details (diagram
of proposed structure), and
c.
special precautions that will be taken to protect the well from
contamination.
18.2.1 A written
request for a variance from the Rules must be submitted to the Board and
approval of the variance obtained prior to construction of the well. During the
construction of a well, if circumstances or conditions at the well site require
variance from these Rules, the contractor may request a variance from the Board
of Examiners by telephone, fax, or email and must obtain approval for the
variance prior to completing construction of the well.
18.2.2 Pursuant to section
37-91-104(2),
C.R.S., the Board may delegate to Staff of the State Engineer the authority to
review and approve or deny certain requests for variances from these Rules.
Where Staff acts on behalf of the Board under this Rule pursuant to the Board's
delegation of authority, the individual requesting the variance may appeal the
Staff's decision to the Board at the next regularly-scheduled Board
meeting.
18.3
Written Decision - The Board will respond in writing to each
variance request, and must include reasons for its decision. The Board may
impose terms and conditions to protect public health and safety or prevent
aquifer contamination.
18.4
Appeal - The Board's written decision on the request for variance
is final agency action. The individual who requested the variance may request
the Board's reconsideration of the Board's written decision at the next
regularly scheduled Board meeting following issuance of the written decision.
Any appeal of the Board's written decision must be pursuant to the State
Administrative Procedures Act, Article 4 of title 24, C.R.S.
