PURPOSE: This rule gives the timeframe and procedure for submitting a request for a variance to the department.

1. (1) When strict applicability of any provision of these rules presents practical difficulties or unusual hardships, the department, in a specific instance, may modify the application of those provisions consistent with the general purpose of these rules and the law. The department may then impose certain conditions as are necessary to protect the groundwater of the state and health, safety, and general well-being of persons using or potential users of the groundwater supply.

2. (2) Requests for variances shall—

   1. (A) Be submitted on a form provided by the department at least forty-eight (48) hours prior to any regulated work being performed, except as provided in 10 CSR 23-1.040(4);
   2. (B) State the nature and reason the variance is being sought; and
   3. (C) Include at a minimum the proposed well depth, desired yield, casing type and depth, method of construction and grouting, geologic conditions likely to be encountered, a GPS location of the well, and possible sources of contamination.
3. (3) The department will state the reason for the approval or denial and will notify the requestor of approval or denial of the variance. Construction or modification of the well may not begin without department approval of the variance.
4. (4) Verbal approval for a variance may be granted on a case-bycase basis for which advanced notice could not be provided. The department will notify the requestor of approval or denial of the variance request.
5. (5) Approved variance requests will be provided with a number by the department that shall be included on the well certification or registration report form when it is submitted to the department.

AUTHORITY: sections 256.606 and 256.626, RSMo 2016.* Original rule filed April 2, 1987, effective July 27, 1987. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019.

*Original authority: 256.606, RSMo 1991 and 256.626, RSMo 1985, amended 1991.