9 Va. Admin. Code § 20-81-720 - Variances to permitting requirements
A. Application and conditions. The director
may grant a variance from any regulation contained in Parts III (9VAC20-81-100 et seq.), IV
(9VAC20-81-300 et seq.), V
(9VAC20-81-400 et seq.), and VI
(9VAC20-81-610 et seq.) of this
chapter to an applicant if the applicant demonstrates to the satisfaction of
the director that:
1.
a. Strict application of the regulation to
the facility will result in undue hardship that is caused by the applicant's
particular situation;
b. The
alternate design or operation will result in a facility that is equally
protective of human health and the environment as that provided for in the
regulations; or
c. Technical
conditions exist that make a strict application of the regulation difficult to
achieve; and
2. Granting
the variance will not result in an unreasonable risk to the public health or
the environment.
B.
Effects of the decisions.
1. When the director
renders a decision under this section in accordance with the procedures
contained in
9VAC20-81-760, he may:
a. Deny the application;
b. Grant the variance as requested;
or
c. Grant a modified or partial
variance.
2. When a
variance is granted, the director may:
a.
Specify the termination date of the variance; or
b. Include a schedule for:
(1) Compliance, including increments of
progress, by the facility with each requirement of the variance; and
(2) Implementation by the facility of such
control measures as the director finds necessary in order that the variance may
be granted.
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