N.Y. Comp. Codes R. & Regs. tit. 6 § 383-6.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 383-6.11 - Other provisions

(a) Modification/variance.

(1) The department may, upon written application from any person who is subject to this Subpart, concurrent with an application for a new permit, or for a modification or renewal of an existing permit, grant a modification/variance from one or more specific provisions of this Subpart under the conditions set forth in this section.

(2) Every application for modification/variance must:

(i) identify the specific provisions of this Subpart from which a modification/variance is sought;

(ii) demonstrate that compliance with the identified provisions, on the basis of conditions unique and peculiar to the applicant's particular situation, is unnecessary or inappropriate consistent with the public interest;

(iii) demonstrate that the proposed modification/variance will have no significant adverse impact on the public health, safety or welfare, the environment or natural resources;

(iv) demonstrate that the minimum requirements of this Subpart which ensure proper facility closure based upon the estimates approved pursuant to this Subpart and coverage of personal injury and property damage to third parties caused by the operation of the land disposal facility will not be reduced or eliminated.

(3) The commissioner may, in his discretion, grant a modification/variance from any provision of this Subpart upon a written finding that each of the demonstrations identified in paragraph (2) of this section are successfully made, and that such modification/variance is consistent with public interest and the purposes of this Subpart; provided, however, the commissioner shall not grant a modification/variance from the minimum requirements of this Subpart which insure proper facility closure and coverage of personal injury and property damage to third parties caused by the operation of the facility.

(4) The procedures of Part 621 of this Title govern the processing and review of any application for modification/variance under this Subpart.

(5) Modification/variance granted pursuant to this section shall be set forth as a condition in either a new permit, permit modification or permit renewal.

(b) Severability. If any provision of this Subpart or its application to any person or circumstance is held invalid, the remainder of this Subpart, and the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 383-6.11