Section 15.410 - Variances - Standard of Review(1) Local Approving Authorities and the Department may vary the application of any provisions of 310 CMR 15.000 with respect to any particular case except those listed in 310 CMR 15.415. Variances for increased flow to existing systems shall be governed by the provisions of 310 CMR 15.414. Variances for schools shall be governed by the provisions of 310 CMR 15.416. Variances shall be granted only when, in the opinion of the Approving Authority: (a) The person requesting a variance has established that enforcement of the provision of 310 CMR 15.000 from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and(b) The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought.(2) With regard to variances for new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of substantially all beneficial use of the subject property in order to be manifestly unjust.Amended by Mass Register Issue 1499, eff. 7/7/2023.Amended by Mass Register Issue 1501, eff. 7/7/2023.