PURPOSE: This rule explains how the division may make modifications to the application of the provisions of the rules.

1. (1) When strict applicability of any provision of these rules presents practical difficulties or unusual hardships, the division, in a specific instance, may modify the application of those provisions consistent with the general purpose of these rules and the law. The division may then impose certain conditions as are necessary, in the opinion of the division, 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) Any request for modification shall be submitted in advance to the division in writing on a variance form obtained from the division and shall be signed by the permittee. This request shall specify in detail the nature of the modification being sought, the reasons and the special precautions to be taken to avoid contamination of the well. The request shall also include the proposed well depth, casing type and depth, method of construction and grouting, geological conditions likely to be encountered and location of the well and possible sources of contamination. Whether or not the requests are granted, the division shall state in detail the reasons for the decision. If the requested modification is approved, the division will send or fax the requestor a copy of the approved variance form. The approved variance form must be received by the permitte before construction or modification of the well begins. The approved variance form must be attached to the well certification or registration report form when it is submitted to the division.
3. (3) A modification request may be initiated by telephone if there are extenuating circumstances associated with a particular well. This request shall be followed by the proper notification procedures as stated previously.

AUTHORITY: sections 256.606 and 256.626, RSMo 1994.* 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.

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