1. (a) The report must include all requested variances from the requirements of this chapter.
2. (b) The report must include a technical justification for each variance requested.
3. (c) If the executive director determines that a variance may potentially endanger public health or the environment, the executive director may deny the variance or require compensatory measures be taken.
4. (d) The executive director shall not grant or approve a variance that would violate any expressed prohibition in this chapter.
5. (e) If the executive director does not notify an owner by facsimile or letter that additional information is requested or that a variance is denied within 30 days after receiving a signed and dated variance request that has been sealed by an engineer, the variance is approved.
6. (f) A variance request from any rule in this chapter that requires affirmative executive director approval is not eligible for the approval process in subsection (e) of this section.

Source Note:The provisions of this §217.4 adopted to be effective August 28, 2008, 33 TexReg 6843.