1. (1) Upon petition by the owner and the permittee of an underground storage tank, the Environmental Quality Commission may grant a variance from the requirements of any rule or standard adopted under ORS 466.746 if the commission finds:

   1. (a) The alternative proposed by the petitioner provides protection to the public health, safety, welfare and the environment, equal to or greater than the rule or standard; and
   2. (b) The alternative proposal is at least as stringent as any applicable federal requirements.

2. (2) The commission may grant a variance under subsection (1) of this section only if the commission finds that strict compliance with the rule or standard is inappropriate because:

   1. (a) Conditions exist that are beyond the control of the petitioner; or
   2. (b) Special physical conditions or other circumstances render strict compliance unreasonable, burdensome or impracticable.
3. (3) The commission may delegate the authority to grant a variance to the Department of Environmental Quality.
4. (4) Within 15 days after the department denies a petition for a variance, the petitioner may file with the commission a request for review by the commission. The commission shall review the petition for variance and the reasons for the department’s denial of the petition within 150 days after the commission receives a request for review. The commission may approve or deny the variance or allow a variance on terms different than the terms proposed by the petitioner. If the commission fails to act on a denied petition within the 150-day period the variance shall be considered approved by the commission.

[1987 c.539 §22]