1. A. A person may apply to the Department for a variance from one or more of the provisions of this chapter.

2. B. The Department may grant a variance if the basis for the variance application is demonstrated to the satisfaction of the Department to:

   1. (1) Provide equal or greater protection to prevent a release or discharge of coal combustion byproducts to the environment as would be provided by compliance with the regulation for which a variance is requested;
   2. (2) Conserve and protect the public health, the natural resources, and the environment of the State; and
   3. (3) Control pollution to at least the same extent as would be obtained by compliance with the regulation for which a variance is requested.

3. C. A person applying for a variance shall supply the information required by the Department, including:

   1. (1) The nature and location of the site or sites at which the coal combustion byproducts will be generated, stored, handled, processed, recycled, disposed of, or used;
   2. (2) The reasons why the applicant requires the variance, including the technological and environmental justification; and
   3. (3) Other relevant information the Department may require in order to make a determination regarding the application for a variance.
4. D. When practicable, within 60 days of receipt of a complete application for a variance request as determined by the Department, the Department shall make a determination to either grant or deny the variance. If the request for a variance is denied, the Department shall inform the applicant in writing of the basis of the denial.

Authority: Environment Article, §§1-404, 2-301, 9-252, 9-281—9-286, 9-289, 9-302, 9-313, 9-314, 15-503, 15-702, and 15-803, Annotated Code of Maryland; Ch. 480, Acts of 2009

Effective date: December 1, 2008 (35:24 Md. R. 2080)

Regulation .03B amended effective October 18, 2010 (37:21 Md. R. 1437)

Regulation .09 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588); adopted permanently effective March 8, 2010 (37:5 Md. R 428)

Regulation .10 adopted as an emergency provision effective September 10, 2009 (36:21 Md. R. 1588); adopted permanently effective March 8, 2010 (37:5 Md. R 428)