Kan. Admin. Regs. § 28-16-174 - Variance from specific requirements
(a) Each person
seeking a variance from any of the requirements in K.A.R. 28-16-160 through
28-16-173 shall submit to the secretary, in writing, a request for the variance
and shall provide information and data relevant to the variance request, for
the secretary's review and consideration for approval.
(b) Each variance request shall specify why
the request should be considered and how the requested variance meets the
provisions of K.A.R. 28-16-160 through 28-16-173 and provides for protection of
public health and the environment.
(c) A variance may be granted by the
secretary if the request is in keeping with the provisions of K.A.R. 28-16-160
through 28-16-173 and the secretary determines that the requested variance will
protect public health and the environment. In evaluating each variance request,
site-specific conditions, which may include the depth to groundwater, the
quantity of groundwater present, hydrogeologic factors, alternative technical
information, and alternative designs, shall be considered by the secretary.
Notes
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