Minn. R. agency 144, ch. 4717, VARIANCES, pt. 4717.7010 - CRITERIA FOR DECISION; CONDITIONS

Subpart 1. Criteria for granting a variance.

The commissioner may grant a variance if:

A. the variance was requested in a manner prescribed by part 4717.7000;

B. the variance will have no potential adverse effect on public health, safety, or the environment;

C. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rule;

D. strict compliance with the rule will impose an undue burden on the applicant; and

E. the variance does not vary a statutory standard.

Subp. 2. Conditions for variance.

In granting a variance the commissioner may attach conditions the commissioner determines are needed to protect public health, safety, or the environment.

Subp. 3. Future effect.

A variance shall have only future effect.

Notes

Minn. R. agency 144, ch. 4717, VARIANCES, pt. 4717.7010

15 SR 1597

Statutory Authority: MS s 14.05