(a) The department may grant a variance from any of the provisions of this Part except the performance objectives in sections 382.10-382.15. The department may grant such a variance if an applicant establishes, to the satisfaction of the department, that:

1. (1) compliance with the provision from which the variance is sought would impose on the applicant or the public an unreasonable safety or economic hardship;
2. (2) with the requested variance in effect, the proposed land disposal facility would meet the performance objectives in sections 382.10-382.15 of this Part; and
3. (3) the requested variance would have no significant adverse impact on the public health, safety or welfare, the environment or natural resources, and would be consistent with the provisions of the ECL and the purpose of this Part.