1. (a) Subject to (b), below, the department shall grant a waiver if:

   1. (1) Granting a waiver will not result in an adverse impact on the environment, public health, or public safety that is more significant than that which would result from complying with the rule; and

   2. (2) One or more of the following conditions is satisfied:

      1. a. Granting a waiver is consistent with the intent and purpose of the rule being waived; or
      2. b. Any benefit to the public or the environment is outweighed by the economic and operational consequences of strict compliance with the rule.
2. (b) No waiver shall be granted if the effect of the waiver would be to waive or modify any state statute, unless a waiver is expressly allowed by the statute that would be waived.

Source. (See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24