- (1) Applicability. Any person may request a variance from specific provisions of 335-17 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) 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:
- (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;
- (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.
- (c) Any additional information requested by the Department as necessary to evaluate the variance request.
- (d) A concise factual statement of the reasons the petitioner believes that non-compliance with the particular provisions of 335-17 will not threaten the public health or unreasonably create environmental pollution.
- (e) Applicable fees in accordance with 335-1.
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.