Md. Code Regs. 26.04.07.26

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.07.26 - Variances

A. An owner, operator, or person proposing to construct or currently operating a solid waste acceptance facility may apply to the Approving Authority for a variance from one or more of the provisions of these regulations. Variance may be sought for design or operation and maintenance requirements, or both. The Approving Authority shall grant a variance when the design or method of operation proposed in the variance application has been shown by the applicant to the satisfaction of the Approving Authority to conserve and protect the public health, the natural resources, and environment of the State, and to control air, water, and land pollution to at least the same extent as would be obtained by compliance with the regulation.

B. Requests for variance shall supply information required by the Approving Authority, including:

(1) The nature and location of the solid waste facility;

(2) The reasons for which the variance is required, including the economic, technological, and environmental justification; and

(3) Other relevant information the Approving Authority may require in order to make a determination regarding the application.

C. When practicable, within 60 days of receipt of sufficient information on which to base a decision concerning a variance request, the Approving Authority shall make a determination to either grant or deny the variance. If the variance request is denied, the applicant shall be informed in writing of the basis of the denial and the procedures for appeal of the determination.

Md. Code Regs. 26.04.07.26

Regulations .26, Solid Waste Management, adopted effective March 7, 1988 (15:5 Md. R. 618)