The board or secretary may grant variances subject to the terms of this section. The owner or operator of a facility shall make any demonstrations necessary to the board or secretary for the purpose of obtaining variances. Demonstrations for variances to location standards for MSWLFs must meet the requirements of 40 C.F.R. Part 258, as published on 56 Fed. Reg. 50,978 to 51,119, inclusive (October 9, 1991) subject to the following:

1. (1) The board or secretary may grant a variance until October 9, 1996, to an existing MSWLF which cannot meet the requirements of §§ 74:27:11:03 to 74:27:11:04, inclusive, and 74:27:11:08.01;
2. (2) The board or secretary may grant a variance to an existing MSWLF to the requirements of §§ 74:27:11:03, 74:27:11:04, and 74:27:11:08.01 until October 9, 1998, if the owner or operator demonstrates that there is no threat to human health and the environment and no available alternative; or
3. (3) The board or secretary may grant a variance to a MSWLF to the requirements of §§ 74:27:11:02 and 74:27:11:05 to 74:27:11:07, inclusive, if the owner or operator demonstrates that the location will not pose a hazard to human health or degrade the environment; and

4. (4) The board or secretary may grant a variance to a new MSWLF or lateral expansion of an existing MSWLF to the requirements of §§ 74:27:11:02 to 74:27:11:07, inclusive, and §§ 74:27:11:08.01 to 74:27:11:08.03, inclusive, providing that the owner or operator demonstrates that the location will not pose a hazard to human health or degrade the environment.

   The board or secretary may grant a variance to the provisions of this chapter for non-MSWLF sites, if the owner or operator demonstrates that the facility location will not pose a hazard to human health or degrade the environment and will comply with other existing state, local, and federal requirements.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6.