06-096 C.M.R. ch. 574, § 6 - Variance

The department may grant a site-specific variance from the siting or operational requirements in this chapter when it determines that doing so will not have an adverse impact on water quality or the environment.

A. Variance from siting requirements. Factors used in consideration of a variance from the siting requirements specified in Section 3(B) include, but are not limited to, whether homes or businesses in the area are serviced by a public water supply; whether the site is located in an area zoned for commercial or industrial development by the municipality; the proximity to a major river, marine waters or public water supply intake; and the availability of practicable alternative sites that meet the specified siting criteria.

B. Variance from operational requirements. Factors used in consideration of a variance from the operational requirements specified in Section 4 include, but are not limited to, the duration for which the storage area will be used; the proximity to a major river or marine waters; and the ability to demonstrate control over and discharge location of stormwater runoff from the site.

Notes

06-096 C.M.R. ch. 574, § 6