1. (a) An owner or operator may propose an alternative to a design, construction, or operational requirement specified in this chapter, provided the owner or operator can prove to the satisfaction of the state chemist that any alternative will provide equivalent or greater environmental protection than the requirements specified in this chapter.
2. (b) A proposed alternative must be submitted to the state chemist and accompanied by documentation that demonstrates equivalent or greater environmental protection than the standard for which an alternative is being requested.
3. (c) An owner or operator may not implement an alternative without prior approval by the state chemist.
4. (d) The state chemist shall provide written documentation describing the basis for any determination on an alternative request submitted under this section.

As added by P.L.98-2026, SEC.51.