522 CMR, § 1.05 - Variance Procedure
(1)
Application. An Owner/User or an Engineer in Charge
may apply to the Board for a variance from 522 CMR. In order for the Board to
approve a variance, the applicant shall demonstrate that such approval would
not compromise public safety or otherwise undermine the purpose of 522 CMR.
Application for a variance shall be made on a form approved by the Board for
this purpose with supporting documentation and shall be signed by the
applicant.
(2) Upon receipt of an
application for variance, the Board shall review the application with
supporting documentation. The Board may either:
(a) Grant the variance as requested or with
conditions that the Board deems appropriate;
(b) Deny the variance request;
(c) Request additional
information/clarification from the applicant; or
(d) Commence an adjudicatory hearing to
further review the variance request. Hearings will be held in accordance with
the provisions of M.G.L. c. 30A, and
801
CMR 1.02: Informal/Fair Hearing
Rules.
(3)
Appeals. Any person aggrieved by the Board 's decision
made after an adjudicatory hearing may appeal to the Superior Court in
accordance with M.G.L. c. 30A, § 14.
Notes
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(1) Application. An Owner/User or an Engineer in Charge may apply to the Board for a variance from 522 CMR. In order for the Board to approve a variance, the applicant shall demonstrate that such approval would not compromise public safety or otherwise undermine the purpose of 522 CMR. Application for a variance shall be made on a form approved by the Board for this purpose with supporting documentation and shall be signed by the applicant.
(2) Upon receipt of an application for variance, the Board shall review the application with supporting documentation. The Board may either:
(a) Grant the variance as requested or with conditions that the Board deems appropriate;
(b) Deny the variance request;
(c) Request additional information/clarification from the applicant; or
(d) Commence an adjudicatory hearing to further review the variance request. Hearings will be held in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.02: Informal/Fair Hearing Rules.
(3) Appeals. Any person aggrieved by the Board 's decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.