This rule applies only to variances requested by medical waste treatment and storage facilities.

1. (1) Notice Requirements.
2. (a) The Department shall provide notice and an opportunity for a public hearing on Petition for Variance from a specific provision of this Division.
3. (b) The following procedures shall be observed:
4. 1. The Department shall send a copy of the notice to persons on a mailing list developed by:
5. (i) Including those who request in writing to be on the list;
6. (ii) Notifying the public of the opportunity to be put on the mailing list through the Department’s website, periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals (the Director may update the mailing list from time to time by requesting written indication of continued interest from those listed and may delete from the list the name of any person who fails to respond to such a request).
7. 2. The Department shall notify interested and potentially interested persons of the Petition for Variance by posting a notice to the Department’s website. The Petition for Variance shall be posted on the website for the duration of the public comment period.
8. 3. The notice shall be given not less than thirty-five (35) days prior to the proposed approval of the petition.
9. 4. The notice shall contain the specific type and nature of the petition, the owner or operator requesting the petition, and the descriptive location of the subject facility or unit, address and telephone number of the Department, and how the public may submit comments and request a public hearing on the proposed petition.
10. (2) Departmental Action.  After the comment period closes, the Department shall review, consider and respond to all public comments received by the close of the comment period and take one of the following actions:
11. (a) The petition may be dismissed if the Department determines that it is not adequate under 335-17-9-.02;
12. (b) The Department may grant the variance as petitioned or by imposing such conditions as the Division may require, including the establishment of schedules of compliance and monitoring requirements; or
13. (c) The Department may deny the petition. If such a denial is made, the Department shall notify the petitioner in writing the reasons for denial and outline procedures for appeal as described in 335-2-1.

Author: Clethes Stallworth

Statutory Authority: Code of Ala. 1975, §§22-27-9, 22-27-12.

History: Amended: Published June 30, 2025; effective August 14, 2025.