Ohio Admin. Code 3701-29-22 - Variances and more stringent standards
(A)
A board of
health may grant a variance from the requirements of this chapter when a person
has made written application for a variance to the board requesting the
variance from a specified rule or rules and the applicant shows that because of
practical difficulties, or other special conditions, compliance with this
chapter will cause unusual and unnecessary hardship. The board of health shall
not grant a variance that would defeat the spirit and general intent of this
chapter or is otherwise contrary to the public interest, adversely affect the
public health, cause contamination of the environment, or not comply with the
requirements of Chapter 3718. of the Revised Code. A board of health shall
maintain a list of all variances to this chapter and shall provide the name and
address of the person granted a variance, the reason for granting the variance,
and a copy of the variance request to the department of health by the first day
of April each year.
(B)
Experimental systems may be permitted by the board of
health under the provisions of paragraph (A) of this rule provided the director
of health concurs in writing with the design, evaluation, and operation and
maintenance plan.
(C)
As provided in divisions (B)(1) and (B)(2) of section
3718.02 of the Revised Code and
in accordance with section
3709.20 or
3709.21 of the Revised Code, as
applicable, the board of health may adopt more stringent standards governing
STS than those established under this chapter when local conditions support
their adoption. As provided in division (C) of section
3718.05 of the Revised Code,
more stringent standards shall be subject to review and approval by the
director of health .
(D)
STS components or systems differing in design or
principle of operation from those set forth in rules
3701-29-01 to
3701-29-23 of the Administrative
Code, may qualify for approval as a special device or system upon review and
recommendation by the sewage treatment systems technical advisory committee to
the director of health as authorized under section
3718.04 of the Revised Code. A
comprehensive design review, tests or sampling results, and related
investigations must demonstrate that any such component or system produces
results equivalent to those obtained by STS components or systems complying
with such regulations. Such approval shall be obtained in writing from the
director of health .
Replaces: 3701-29-20
Notes
Promulgated Under: 119.03
Statutory Authority: 3718.02
Rule Amplifies: 3718.02, 3718.04, 3718.05
Prior Effective Dates: 7/1/1974, 7/1/77, 7/2/07, 7/30/07
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