Ohio Admin. Code 3745-112-07 - Variances
(A) Any person who
cannot comply with the requirements set forth in rule
3745-112-03 of the
Administrative Code, because of extraordinary reasons beyond the person's
reasonable control may apply in writing to the director for a variance. The
variance application shall set forth all of the
following :
(1) The specific grounds upon
which the variance is sought;
.
(2) The
proposed date by which compliance with the provisions of rule
3745-112-03 of the
Administrative Code will be achieved;
and
.
(3) A compliance report reasonably detailing
the method(s)
method by which compliance will be achieved.
(B) No variance shall be granted
unless all of the following findings are made:
(1) That, because of reasons beyond the
reasonable control of the applicant, requiring compliance with rule
3745-112-03 of the
Administrative Code would result in extraordinary economic hardship;
.
(2) That the public interest in mitigating
the extraordinary hardship to the applicant by issuing the variance outweighs
the public interest in avoiding any increased emissions of air contaminants
which would result from issuing the variance;
and
.
(3) That the compliance report proposed by
the applicant can reasonably be implemented, and will achieve compliance as
expeditiously as possible.
(C) Any variance order shall specify a final
compliance date by which the requirements of rule
3745-112-03 of the
Administrative Code will be achieved. Any variance order shall contain a
condition that specifies increments of progress necessary to assure timely
compliance, and such other conditions that the director finds
necessary.
(D) Upon the application
of any person, the director may review, and for good cause, modify or revoke a
variance from requirements of rule
3745-112-03 of the
Administrative Code.
(E)
A variance ceases to be effective upon failure of the
party to whom the variance was granted to comply with any term or condition of
the variance.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/15/2007
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