Idaho Admin. Code r. 58.01.03.010 - VARIANCES

01. Technical Allowance. The Director may make a minor technical allowance to the dimensional or construction requirements of these rules for a standard system if:

a. The allowance will not affect adjacent property owners or the public at large;

b. The allowance will not violate the conditions of Subsection 004.01; and

c. The allowance will not be in conflict with any other rule, regulation, standard, or ordinance.

d. The allowance to a dimensional requirement is not more than ten percent (10%) of the requirements of these rules unless otherwise provided for in the Technical Guidance Manual.

02. Petition for Variance. If a petition of variance to these rules is desired, a request for a variance may be filed with the Director. The petition shall contain the following:

a. A concise statement of the facts upon which the variance is requested including a description of the intended use of the property, the estimates of the quantity of blackwaste or wastewater to be discharged, and a description of the existing site conditions;

b. A concise statement of why the petitioner believes that compliance with the provision from which variance is sought would impose an arbitrary or unreasonable hardship, and of the injury that the grant of the variance would impose on the public; and

c. A clear statement of the precise extent of the relief sought.

03. Public Notice. At the time of filing a petition evidence shall also be submitted that:

a. A notice has appeared in the local newspaper advising the public of the request for variance;

b. All property owners within three hundred (300) feet of the affected site have been notified; and

c. Such notices to the public have been made fifteen (15) days prior to the filing of the petition.

04. Objections to Petition. Any person may file with the Department, within twenty-one (21) days after the filing of the petition, a written objection to the grant of the variance. A copy of such objection shall be provided by the Department to the petitioner.

05. Investigation and Decision. After investigating the variance petition and considering the views of persons who might be adversely affected by the grant of the variance, the Director shall, within sixty (60) days after the filing of the petition, make a decision as to the disposition of the petition. The decision, a copy of which shall be served on the petitioner, shall include:

a. A description of the efforts made by the Director to investigate the facts as alleged and to ascertain the views of persons who might be affected, and a summary of the views so ascertained;

b. A statement of the degree to which, if at all, the Director disagrees with the facts as alleged in the petition;

c. Allegations of any other facts believed relevant to the disposition of the petition; and

d. The Director's decision.

06. Limitations on Decision. No technical allowance or variance shall be granted unless:

a. Adequate proof is shown by the petitioner that compliance would impose an arbitrary or unreasonable hardship;

b. The technical allowance or variance rendered is consistent with the recommendations of the Technical Guidance Committee or the Technical Guidance Manual in use at the time of the petition; and

c. The Director has determined that the approval of the technical allowance or variance will not have an adverse impact on the public health or the environment.

Notes

Idaho Admin. Code r. 58.01.03.010

Effective March 31, 2022