1. (a) The department shall review each waiver request and any information submitted pursuant to Env-Or 612.06 that relates to the request.

2. (b) The department shall grant a waiver if it determines that:

   1. (1) The requirement to be waived is not established by statute, unless the statute that establishes the requirement expressly authorizes the department to grant waivers of the requirement;
   2. (2) Granting a waiver will not result in any adverse effect on human health or the environment; and
   3. (3) Granting a waiver is consistent with the purpose of the site remediation program.
3. (c) The department shall include such conditions, including time limitations, as are necessary to ensure that the activities conducted pursuant to the waiver will meet the criteria specified in (b), above.
4. (d) The department shall issue a written response to a request for a waiver within 60 days of receipt of the request. If the request is denied, the written response shall specify the reason(s) for the denial. If information was submitted by a non-concurring owner or responsible party pursuant to Env-Or 612.05 and a waiver is granted, the written response shall explain why the objections did not warrant denying a waiver.

Source. (See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15 (from Env-Or 612.03); ss by #14419, eff 11-4-25, EXPIRES: 11-4-35