1. (a) Subject to (b), below, a request for a rule waiver shall be granted if:

   1. (1) Granting the request will not result in:

      1. a. An adverse effect to the environment or natural resources of the state, public health, or public safety; or
      2. b. An impact on abutting properties 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 the request is consistent with the intent and purpose of the rule being waived; or
      2. b. Strict compliance with the rule will provide no benefit to the public and will cause an operational or economic hardship to the applicant.
2. (b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement.

Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16