- (a) Variances shall be granted by the Board only to the extent allowed under State and Federal law.
- (b) The Board may consider a variance request in accordance with the standard established in section 19-6-111.
- (c) The Board may, at its own instance, review any variance granted during the term for which a variance was granted.
- (d) A person applying for a variance shall submit the application, in writing, to the Director. The application shall provide the following:
- (1) Citation of the statutory, regulatory, or permit requirement from which the variance is sought;
- (2) For variances for which the Board promulgates or has promulgated specific rules, information meeting the requirements of those rules;
- (3) Information demonstrating that application of or compliance with the requirement would cause undue or unreasonable hardship on the person applying for the variance;
- (4) Proposed alternative requirements, if any;
- (5) Information demonstrating that the variance will achieve the purpose and intent of the statutory, regulatory, or permit provision from which the variance is sought;
- (6) Information demonstrating that any alternative requirement or requirements will adequately protect human health and the environment; and
(7) If no alternative requirement is proposed, information demonstrating that if the variance is granted, human health and the environment will be adequately protected.
- (e) A person applying for a variance shall provide such additional information as the Board or the Director requires.
- (f) Nothing in Subsection R315-260-19(d) or (e) limits the authority of the Board to grant variances in accordance with the standard established in Section 19-6-111. A person applying for a variance under Section R315-263-32 shall provide such information described in Subsection R315-260-19(d) as the Director determines.
KEY: hazardous waste
Date of Last Change: November 17, 2025
Notice of Continuation: December 11, 2025
Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-6-105; 19-6-106