1. (1) In cases of extreme and unusual hardship, the commission may, after a public hearing, grant hardship variances from rules or standards in this division to applicants for onsite permits.

2. (2) Applications.

   1. (a) Applicants must submit applications for hardship variances to DEQ.

   2. (b) The application must document that:

      1. (A) A for cause variance under 340-071-0415 has been denied; and
      2. (B) An extreme or unusual hardship exists.

3. (3) The commission may consider the following factors in reviewing an application for a variance based on hardship:

   1. (a) Applicant's advanced age or poor health;
   2. (b) Applicant's need to care for aged, incapacitated, or disabled relatives; and
   3. (c) Environmental impacts from the variance.

4. (4) Hardship variances the commission grants include conditions such as:

   1. (a) Limiting permits to the life of the applicant;
   2. (b) Limiting the number of permanent residents using the system; and
   3. (c) Using experimental systems for specified periods of time.
5. (5) DEQ will strive to aid and accommodate the needs of applicants for hardship variances.

Statutory/Other Authority

ORS 454.625 & 468.020

Statutes/Other Implemented

ORS 454.657

History

DEQ 15-2017, amend filed 10/31/2017, effective 11/01/2017
DEQ 14-2013, f. 12-20-13, cert. ef. 1-2-14
DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05
DEQ 10-1981, f. & ef. 3-20-81