Utah Admin. Code R315-260-19 - Variances Authorized
(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 R315-260-19 shall provide such
information described in Subsection R315-260-19(d) as the Director
determines.
Notes
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