Ala. Admin. Code r. 335-3-1-.09
Current through Register Vol. 42, No. 8, May 31, 2024
Section 335-3-1-.09 - Variances(1) Petition Procedures. (a) Any person subject to any rule or regulation, requirement or order, may petition the Commission for a variance from the application thereof as prescribed by the Act. A petition for a variance must state the following:1. The name, address, and telephone number of the petitioner, or other person authorized to receive service of notices.2. Whether the petitioner is an individual, partnership, corporation or other entity, and names and addresses of the partners, if a partnership, and names and addresses of the officers, if a corporation, and names and addresses of the persons in control, if other entity.3. The type of business or activity involved in the application and the street address at which it is conducted.4. A brief description of the article, machine, equipment, or other contrivance, if any, involved in the petition.5. The signature of the petitioner or that of some person on his behalf, and, where the person signing is not the petitioner, the authority to sign.6. The rule or regulations, requirement or order from which a variance is requested.7. The facts showing why compliance with such rule or regulation, requirement or order would impose serious hardship on the petitioner or on any other person or persons without equal or greater benefits to the public.8. The facts showing why the emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety, human comfort, and aesthetic values.9. For what period of time the variance is sought and why.10. Provisions of the rule or regulation, requirement or order which the petitioner can meet and the date when petitioner can comply with such provisions.11. Whether or not any case involving the same identical equipment or process identified in subparagraph (a)4. of this paragraph above is pending in any court, civil or criminal.(b) All petitions shall be typewritten, double spaced, on legal or letter size paper, on one side of the paper only.(2) Failure to Comply with Procedures.(a) The Director shall not accept for filing any petition which does not comply with these rules and regulations relating to the form, filing, and service of petitions unless the Chairman or any two members of the Commission direct otherwise and confirm such direction in writing. Such direction need not be made at a meeting of the Commission.(b) The Chairman or any two members, without a meeting, may require the petitioner to state further facts or reframe a petition so as to disclose clearly the issues involved.(3) Objection Procedures. (a) A person may file a written objection to the grant of a variance within twenty-one (21) days from initial advertised notice and thus insure that a public hearing will be held, according to Section 12(d) of Act. An objection to the grant of a variance must state: 1. The objector's name, address, and telephone number.2. Whether the objector is an individual, partnership, corporation, or other entity, and names and addresses of the partners, if a partnership, names and addresses of the officer, if a corporation, and the names and addresses of the persons in control, if other entity.3. A specification of which petition for a variance is being objected to.4. A statement indicating why the objector believes that the variance should not be granted.(b) All objections should be typewritten or carefully printed in ink on legal or letter size paper. Authors: James W. Cooper, John E. Daniel
Ala. Admin. Code r. 335-3-1-.09
Effective Date: January 18, 1972. Amended: Effective Date: September 24, 1974. Amended: Filed October 17, 1996; effective November 21, 1996.Statutory Authority:Code of Ala. 1975, §§ 22-28-14, 22-22A-5, 22-22A-6, 22-22A-8.