250 R.I. Code R. 250-RICR-140-10-1.6

Current through October 15, 2024

Section 250-RICR-140-10-1.6 - Variances

1.6.1Applications:

An applicant may apply to the Director for a variance from any of these Rules and Regulations. The Director then may require the submission of any survey data, drawings, soil borings and tests, calculations, scientific tests, data or other information he deems necessary to evaluate such application.

1.6.2Non-Permit Variances:

A. The Director may upon application issue a variance under this rule when compliance with these Rules and Regulations would, in the Director's judgment, and upon presentation by the applicant of adequate proof, cause unreasonable or undue hardship, provided the applicant can also present adequate proof that the issuance of a variance:

1. Will provide protection of health and the environment equivalent to that provided by these rules,

2. Will not endanger the public health and safety,

3. Will not create a public or private nuisance,

4. Will not significantly interfere with the public use and enjoyment of any recreational resource,

5. Will not cause pollution in any surface body of water or any groundwater, or cause contamination of any drinking water supply or tributary thereto,

6. Will not violate any provisions of any Rules or Regulations adopted pursuant to R.I. Gen. Laws Chapter 23-23, as amended,

7. Will not be less stringent than 40 C.F.R. § 262.34(b).

B. The issuance or denial of a variance shall be preceded by public notice and opportunity for public comment. In no case shall the duration of any such variance exceed five (5) years. Renewals or extensions may be given only after public notice and opportunity for public comment on each such renewal or extension.

1.6.3Permit Variances:

In addition to the requirements of §1.6.2 of this Part, the Director or his designee shall hold a public hearing prior to rendering a decision on any application. Prior to the hearing, the Director shall issue public notice on the radio and in a newspaper of general circulation in the area affected and shall notify by certified mail to the last known address: all persons requesting in writing such notification, all property owners within five hundred (500) feet of the perimeter of the site of the applicant's facility, the city or town where the facility is located, and the applicant of the hearing date, time, and place. Such notices shall be made at least sixty (60) days prior to the date of the public hearing. Permit variances shall not be granted for a period to exceed one (1) year.

1.6.4Department's Evidence:

The Department through its authorized agents may present evidence to the Director or his designee relative to any application.

1.6.5Remonstrant:

Remonstrants who have been notified, as required by this rule, may present evidence to the Director or his designee relative to any application.

1.6.6Decision:

The Director or his designee may grant or deny the variance after hearing provided, however, that such variance may be subject to such terms and conditions as the Director or his designee may deem necessary to protect the public health and safety and the environment.

250 R.I. Code R. 250-RICR-140-10-1.6

Amended effective 4/22/2020