Except where specifically prohibited, any applicant or
licensee may seek a variance to the requirements of these rules for
establishing, altering, operating or closing a solid waste facility or handling
solid waste by using the procedures described below. It is the responsibility
of the applicant or licensee to demonstrate that its proposal will comply with
the intent of State laws and these rules. The Department shall consider the
variance as part of its comprehensive review of an application for a new or
expanded facility or activity, or as a minor revision or amendment application
for an existing facility or activity.
NOTE : The Department intends, through this
section on "Variances", to allow for flexibility and creativity in meeting the
requirements of these rules. Differences in waste characteristics, facility
size, geologic conditions, and management alternatives may be taken into
consideration.
A.
Variances
Affecting Site Standards, Facility Design, and Construction. The
Department has determined that the requirements of these rules for solid waste
facilities are best able to ensure that a facility will not pollute any waters
of the State, contaminate the ambient air, constitute a hazard to health or
welfare, or create a nuisance. Whenever a facility applicant or licensee seeks
to vary from the requirements of these rules relating to siting standards,
facility design, or construction, the applicant or licensee must present clear
and convincing evidence that the facility site's proposed location, design, or
construction is distinctive in some way that allows for compliance with State
laws and the purpose and intent of these rules.
B.
Variances Affecting Operation.
Whenever any facility owner or operator seeks to vary any aspect of a
facility's or an activity's operation from the operating requirements of these
rules. The owner or operator must affirmatively demonstrate that the facility
or activity will not contaminate any waters of the State, contaminate the
ambient air, constitute a hazard to health and welfare, or create a nuisance,
and that the proposed operation will comply with State law and the purpose and
intent of these rules.
C.
Contents of Application. Requests for a variance must include at a
minimum:
(1)
Applicable
Requirement . Identification of the specific provisions of these rules
from which a variance is sought;
(2)
Alternative Procedure or
Design . The alternative procedure or design proposed and the reasons
why it meets the purpose and intent of the rule;
(3)
Reasons for Variance . The
reasons for which a variance is requested, including the environmental,
financial and technological justifications; and
(4)
Other Information . Any
other relevant information the Department may request or the applicant may wish
to provide.
D.
Term and Renewal of Conditions. A variance is concurrent with the
term of the license for the facility, unless the Department issues the variance
for a shorter time frame.
