2 Colo. Code Regs. § 404-1-502
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-502 - VARIANCESa.Variances. Requests for variances to any of the Commission's Rules or orders will be filed with the Commission.b.Director Recommended Variances. Variances seeking relief from the ministerial application of a Commission Rule or order may be recommended for approval by the Director. If the application for a variance is uncontested, the Commission will consider the Director's recommendation pursuant to Rule 508. If the Director determines that an application for a variance is not ministerial or implicates public health, safety, welfare, the environment, or wildlife resources, the Director will refer the application to the Commission for hearing pursuant to Rule 510.(1)Variances Sought from Commission. Variances to any of the Commission's Rules or orders not applied for pursuant to Rule 502.b may be granted by the Commission after a hearing upon the application.(2) For purposes of seeking a variance from the Commission, only the Operator or an Applicant authorized by the Commission's Rules may file an application seeking the Commission's approval of a variance.c. The Operator or the Applicant requesting a variance pursuant to Rule 502.a will make a showing that:(1) It has made a good faith effort to comply, or is unable to comply, with the specific requirements contained in the Commission's Rule or order from which it seeks a variance, including, without limitation, securing a waiver or an exception, if any;(2) That the requested variance will not violate the basic intent of the Act;(3) The requested variance is necessary to avoid an undue hardship;(4) Granting the variance will result in no net adverse impact to public health, safety, welfare, the environment, or wildlife resources; and(5) The requested variance contains reasonable conditions of approval or other mitigation measures to avoid, minimize, or mitigate adverse impacts to public health, safety, welfare, the environment, and wildlife resources.d. No variance to the Commission's 800 Series Rules will be granted without consultation with the EPA.e. Notice of all granted variances also will be posted on the Commission's website.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022