7 Del. Admin. Code § 7301-13.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7301-13.0 - Variances

Applications for and decisions on a variance request to any Section of these Regulations shall be made in accordance with 7 Del.C. § 6011.

13.1 Notice and Hearing Requirement

13.1.1 The Secretary may, upon application of a person, grant a variance to that person from any requirement of these Regulations after following the notice and hearing procedure set forth in 7 Del.C. § 6004.

13.1.2 Exception to Notice and Hearing Requirement

13.1.2.1 The Secretary may act upon a variance application without public notification where the variance application concerns a source of water for three or fewer families.

13.2 The variance may be granted if the Secretary finds that:

13.2.1 Good faith efforts have been made to comply with 7 Del.C. Ch. 60 and these Regulations;

13.2.2 The person applying for the variance is unable to comply with the rules or requirements of either 7 Del.C. Ch. 60 or of these Regulations, because the necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time or the financial cost of compliance by using available technology is disproportionately high with respect to the benefits which continued operation would bestow on the lives, health, safety and welfare of the occupants of this State and the effects of the variance would not substantially and adversely affect the policy and purposes of this chapter;

13.2.3 Any available alternative operating procedure or interim control measures are being or will be used to reduce the impact of such source on the lives, health, safety and/or welfare of the occupants of this State; and

13.2.4 The continued operation of such source is necessary to national security or to the lives, health, safety or welfare of the occupants of this State.

13.3 Variance Application Procedures. A separate variance application shall be made to the Department for each individual well permit desired. Each variance application shall consist of:

13.3.1 A complete well permit application;

13.3.2 A separate scaled plot plan of the area depicting distances from all potential or existing sources of contamination, as defined in Section 2.0 of these Regulations, within a 150 foot radius of all proposed public and industrial wells, and within a 100 foot radius of all other proposed wells. The plot plan shall also include all buildings, property lines, and all other physically limiting barriers such as overhead power lines.

13.3.3 The appropriate well permit application fee, if applicable, and advertising fee.

13.3.4 Written documentation evidencing compliance with subsection 13.1 and 13.2 of these Regulations and with 7 Del.C. § 6011.

13.3.5 The property owner's signature on the written variance request that specifies the applicable Sections of these Regulations or of 7 Del.C. Ch. 60 for which a variance is being sought.

13.4 General Provisions for Variances

13.4.1 The Secretary shall publish his decision, except a decision involving a source of water for three or fewer families, and the nature of the variance, if granted, and the conditions under which it was granted. The variance may be made effective immediately upon publication.

13.4.2 Any party may appeal a decision of the Secretary on a variance request to the Environmental Appeals Board under 7 Del.C. § 6008 within 15 days after the Secretary publishes his decision.

13.4.3 No variance can be in effect longer than 1 year but may be renewed after another hearing pursuant to this section.

13.4.4 The granting of a variance shall not in any way limit any right to proceed against the holder for any violation of the variance. Any rule or requirement of 7 Del.C. Ch. 60 or of these Regulations that is not incorporated in the variance provisions shall remain in full effect.

7 Del. Admin. Code § 7301-13.0

20 DE Reg. 180 (9/1/2016) (Final)