PURPOSE: This rule sets forth the requirements for review of the application, the approval and denial process, and hearing requirements pursuant to section 444.773, RSMo.

1. (1) The director may approve a variance to a permit application or permit amendment when the operation, reclamation, or conservation plan deviates from the requirements of sections 444.760–444.790, RSMo and these rules if it can be demonstrated by the operator that—

   1. (A) Conditions present at the mine location warrant the exception;
   2. (B) The protection of the health, safety, and livelihood of the public is not reduced;
   3. (C) There is no additional effect to the landowner’s or adjacent landowner’s property than the effects under a normal permit;
   4. (D) The protection afforded by sections 444.760–444.790, RSMo is not reduced;

   5. (E) The procedure to be used in the review of a request for a variance shall be as follows:

      1. 1. The operator shall identify on a map the location of the

area(s) that the variance request applies. Such map shall comply with the requirements of 10 CSR 40-10.020(2)(E); and

1. 2. The operator shall list the number of acres involved in

the variance request area, the dates that work is to commence and is to be completed, and the nature of the variance request; and

1. (F) If the director recommends a denial of the variance, the applicant may request a hearing, as provided for in 444.789, RSMo.

AUTHORITY: sections 444.767, 444.772, and 444.784, RSMo 2016.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed April 1, 2004, effective May 30, 2005. Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.