- (1) The Department may grant individual variances from the specific provisions of 335-17 based upon the procedures of 335-17-9-.02 through 335-17-9-.05 whenever it is found by the Department, upon presentation of adequate proof, that non-compliance with 335-17 will not threaten the public health or unreasonably create environmental pollution. Specifically, variances may only be granted for those provisions of 335-17 that are in addition to or more stringent than analogous federal regulations. Variance requests will not be granted for provisions of 335-17 that are identical to a federal rule (i.e. those provisions that are not a state specific rule. Variances per se are not favored by the Department.
Author: James L. Bryant, Ashley S. Powell
Statutory Authority: Code of Ala. 1975, §§22-27-9, 22-27-12.
History: New Rule: Published December 31, 2024; effective February 14, 2025. Amended: Published June 30, 2025; effective August 14, 2025.