Any person who owns or operates any
stationary noise source may apply to the Commissioner for a variance or a
partial variance from one or more of the provisions of these Regulations.
Applications for a variance shall be submitted on forms furnished by the
Commissioner and shall supply such information as he/she requires, including,
but not limited to:
(i) Information on the
nature and location of the facility or process for which such application is
(ii) The reason for which the
variance is required, including the economic and technical
(iii) The nature
and intensity of noise that will occur during the period of the
(iv) A description of
interim noise control measures to be taken by the applicant to minimize noise
and the impacts occurring therefrom.
(v) A specific schedule of the best practical
noise control measures, if any, which might be taken to bring the source into
compliance with those Regulations from which a variance is sought, or a
statement of the length of time during which it is estimated that it will be
necessary for the variance to continue.
(vi) Any other relevant information the
Commissioner may require in order to make a determination regarding the
to supply the information required by the form furnished by the Commissioner
shall be cause for rejection of the application unless the applicant supplies
the needed information within thirty (30) days of the written request by the
Commissioner for such information.
No variance shall be approved unless the
applicant presents adequate proof to the Commissioner's satisfaction that:
(i) Noise levels occurring during the period
of the variance will not constitute a danger to the public health;
(ii) Compliance with the
Regulations would impose an arbitrary or unreasonable hardship upon the
applicant without equal or greater benefits to the public.
In making a determination on granting a
variance, the Commissioner shall consider:
The character and degree of injury to, or interference with, the health and
welfare or the reasonable use of property which is caused or threatened to be
(ii) The social and
economic value of the activity for which the variance is sought.
(iii) The ability of the applicant to apply
best practical noise control measures, as defined in these
Following receipt and review of an application for a variance, the Commissioner
shall fix a date, time and location for a hearing on such
(f) The Commissioner
shall cause the applicant to publish at his/her own expense all notices of
hearings and other notices required by law, including, but not limited to,
notification of all abutters of record.
(g) Within sixty (60) days of the receipt of
the record of the hearings on a variance application, the Commissioner shall
issue his/her determination regarding such application. All such decisions
shall briefly set forth the reasons for the decision.
(h) The Commissioner may, at his/her
discretion, limit the duration of any variance granted under these Regulations.
Any person holding a variance and needing an extension of time may apply for a
new variance under the provisions of these Regulations. Any such application
shall include a certification of compliance with any condition imposed under
the previous variance.
Commissioner may attach to any variance any reasonable conditions he/she deems
necessary and desirable, including, but not limited to:
(i) Requirements for the best practical noise
control measures to be taken by the owner or operator of the source to minimize
noise during the period of the variance.
(ii) Requirements for periodic reports
submitted by the applicant relating to noise, to compliance with any other
conditions under which the variance was granted or to any other information the
Commissioner deems necessary.
(j) The filing of an application for a
variance shall operate as a stay of prosecution, except that such stay may be
terminated by the Commissioner upon application of any party if the
Commissioner finds that protection of the public health so requires.
(k) In any case where a person seeking a
variance contends that compliance with any provision of these Regulations is
not practical or possible because of the cost involved either in installing
noise control equipment or changing or curtailing the operation in any manner,
he/she shall make available to the Commissioner such financial records as the
Commissioner may require.
variance may include a compliance schedule and requirements for periodic
reporting of increments of achievement of compliance.