Okla. Admin. Code § 252:515-3-32

Current through Vol. 41, No. 19, June 17, 2024

Section 252:515-3-32 - Variance from the rules of this Chapter

(a)Application. Except as provided for in (c) of this Section, applicants may, in a permit application, request a variance from one or more provisions of this Chapter in accordance with 27A O.S. § 2-10-304.

(b)Technical considerations. Applicants requesting a variance must demonstrate that operations under the variance will equal or exceed the protection accorded by the particular rule for which the variance is being requested, and will not result in a hazard to the health, environment or safety of the people of this State or their property.

(c)Exceptions.

(1) A variance from the following restrictions of Subchapter 5 of this Chapter shall not be granted for MSWLFs or NHIW landfills: public water supply (OAC 252:515-5-32(b) ), wellhead protection area (OAC 252:515-5-32(c) ), airports (OAC 252:515-5-52(e) ), fault areas (OAC 252:515-5-52(b) ), seismic impact zones (OAC 252:515-5-52(c) ), or unstable areas (OAC 252:515-5-52(d) ).

(2) The DEQ may grant a variance from the 100-year flood plain restriction in accordance with OAC 252:515-5-32(a)(2).

Okla. Admin. Code § 252:515-3-32

Added at 20 Ok Reg 1151, eff 6-1-03