Md. Code Regs. 26.04.10.07

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

Section 26.04.10.07 - Variances

A. A person may apply to the Department for a variance from one or more of the provisions of this chapter.

B. The Department may grant a variance if the basis for the variance application is demonstrated to the satisfaction of the Department to:

(1) Provide equal or greater protection to prevent a release or discharge of coal combustion byproducts to the environment as would be provided by compliance with the regulation for which a variance is requested;

(2) Conserve and protect the public health, the natural resources, and the environment of the State; and

(3) Control pollution to at least the same extent as would be obtained by compliance with the regulation for which a variance is requested.

C. A person applying for a variance shall supply the information required by the Department, including:

(1) The nature and location of the site or sites at which the coal combustion byproducts will be generated, stored, handled, processed, recycled, disposed of, or used;

(2) The reasons why the applicant requires the variance, including the technological and environmental justification; and

(3) Other relevant information the Department may require in order to make a determination regarding the application for a variance.

D. When practicable, within 60 days of receipt of a complete application for a variance request as determined by the Department, the Department shall make a determination to either grant or deny the variance. If the request for a variance is denied, the Department shall inform the applicant in writing of the basis of the denial.

Md. Code Regs. 26.04.10.07