1. (1) Applicability. Any person may request a variance from specific provisions of Division 13 by filing a Petition for Variance with the Department at least 120 days prior to the anticipated change and shall receive approval from the Department prior to the implementation of the proposed change.

2. (2) Petition Requirements. To enable the Department to rule on the Petition for Variance, the following information, where determined applicable by the Department, shall be included in the petition:

   1. (a) A clear and complete statement of the precise extent of the relief sought including specific identification of the particular provisions of the regulations from which the variance is sought;
   2. (b) An assessment, with supporting factual information, of the impact that the variance will impose on the public health and the environment in the affected area.
   3. (c) Any additional information requested by the Department as necessary to evaluate the variance request.
   4. (d) A concise factual statement of the reasons the petitioner believes that non-compliance with the particular provisions of Division 13 will not threaten the public health or unreasonably create environmental pollution.
   5. (e) Applicable fees in accordance with Division 1.
   6. (f) The name and mailing address of all property owners whose property, per county tax records, is adjacent to the proposed site shall be submitted as part of a Petition for Variance.

Author: Russell A. Kelly, S. Scott Story

Statutory Authority: Code of Ala. 1975, §22-27-7.

History: Effective: November 18, 1981; Amended: July 21, 1988. Amended: Filed June 21, 1996; effective July 26, 1996. Amended: Published October 29, 2021; effective December 13, 2021.