30 Tex. Admin. Code § 217.4 - Variances

(a) The engineering report must include all requested variances from the requirements of this chapter.

(b) The engineering report must include a technical justification for each variance requested. The executive director may determine what level of justification is acceptable.

(c) If the executive director determines that a variance may potentially endanger public health or the environment, the executive director may deny the variance or require that compensatory measures be taken to prevent a nuisance or the potential endangerment of public health or the environment.

(d) The executive director shall not grant or approve a variance that would violate any expressed prohibition in this chapter.

(e) A variance request that has been signed, dated, and sealed by an engineer; and certified by the engineer that the requested variance does not potentially endanger public health or the environment in the summary transmittal letter required by § 217.6 of this title (relating to Submittal Requirements and Review Process) is automatically approved 30 business days after receipt by the executive director unless:

(1) the executive director requests additional information in writing;

(2) the variance request conflicts with any prohibition listed in this chapter; or

(3) the variance request conflicts with a provision in this chapter that specifically requires approval from the executive director to be in writing.

Notes

30 Tex. Admin. Code § 217.4

The provisions of this §217.4 adopted to be effective August 28, 2008, 33 TexReg 6843; Amended by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8300, eff. 12/4/2015