Conn. Agencies Regs. § 22a-209-11 - Variances
(a) An owner or operator of a solid waste
facility may apply to the Commissioner for a variance from one or more of the
provisions of these regulations. Specifically, a variance may be sought for (1)
design of facility, (2) operating requirements, and (3) temporary operations.
For any variance which is not a minor permit amendment pursuant to Section
22a-209-4(f)
of these regulations, the Commissioner shall publish notice of the request for
variance and accept public comments thereon, oral, or written, in the same
manner as specified in Section
22a-209-4(b)
(3) for permit applications.
(b)
Requests for variance shall be in writing and shall supply such information as
the Commissioner reasonably requires, including but not limited to:
(1) the nature and location of the solid
waste facility,
(2) the reasons for
which the variance is requested, including the economic, technological and
environmental justification for a variance,
(3) a description of interim control measures
to be taken by the facility in lieu of compliance and any possible danger to
the environment or to persons or property resulting therefrom,
(4) if the Commissioner deems it necessary, a
specific schedule of measures to be taken to bring the facility into eventual
compliance with the regulation from which the variance is sought,
(5) the period for which the variance is
sought, and the justification for such time period, and
(6) other information deemed reasonably
necessary by the Commissioner.
(c) No variance shall be granted unless the
applicant establishes to the Commissioner's satisfaction that:
(1) Conditions occurring during the period of
variance will protect property, the public health and safety, and the natural
resources and environment of the State, and
(2) Compliance with the regulation would
produce undue hardship without equal or greater benefit to the
public.
(d) In making a
determination regarding a variance, the Commissioner shall consider:
(1) the character and degree of injury to or
interference with the reasonable use of property, the public health and safety,
and the natural resources and environment of the State which is caused or
threatened to be caused,
(2) the
social and economic value of the activity for which the variance is
sought,
(3) the suitability or
unsuitability of the activity to the area in which it is located, and
(4) the impracticability, both scientific and
economic, of complying with the regulation from which the variance is
sought.
(e) A variance
shall not be granted solely or principally on the grounds of economic
hardship.
(f) The Commissioner
shall specify in writing the period for which the variance will be
valid.
(g) Unless and until a
variance is granted, the owner or operator of a solid waste facility must
comply with applicable statutes, regulations, and permit conditions.
(h) The Commissioner may revoke or suspend a
variance in accordance with Section
4-182
of the Connecticut General Statutes and the Rules of Practice of the
Department, as amended.
Notes
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