Section 250-RICR-140-25-1.20 - VariancesA. Variance Requests 1. Any owner/operator of a facility, or person subject to these regulations may submit a written request to the Director for a variance from some or all provisions of these regulations. Such request for a variance must, at the minimum, contain the following: a. The name and address of the facility owner/operator, and/or person requesting the variance;b. The name, location, and registration number of the facility for which the owner/operator seeks a variance, if applicable;c. Identification of the specific rule or rules from which a variance is requested;d. A statement of the reasons for which the facility owner/operator and/or person seeks a variance. This statement shall specify the reasons that the facility owner/operator and/or person is unable to comply with this Part, why a variance is necessary, and the reasons why hardship is alleged. The person seeking the variance should separately and by number list each reason and any other mitigating factor he/she believes the Director should consider;e. An explanation that the alternative procedures requested are substantially equivalent to the Rules and Regulations herein in achieving protection of the public health and the environment; andf. The signature of the person requesting the variance.B. Variance Decisions 1. The owner/operator and/or person shall have the burden of proving by clear and convincing evidence that a variance should be granted because alternative design, operating standards or procedures are substantially equivalent to the regulations and will have no adverse effect on public health and the environment.2. If the Director determines that there is widespread public interest or that the variance request raises major issues that could affect other facilities, then the Director may schedule a public hearing to solicit public comment prior to rendering a decision on the variance request.3. The Director's decision to grant or deny a variance shall be in writing and may, as a condition of granting the variance, impose appropriate requirements necessary to protect the public health and environment.C. Appeal of Variance Denials 1. Any person affected by the grant or denial of a variance request may, in accordance with the Administrative Rules of Practice and Procedure for the Department of Environmental Management, Part 20-00-1 of this Title of this Title, file an appeal to review the initial decision. All appeals must be received by the Administrative Adjudication Division within 30 days of receipt of the denial of the variance.250 R.I. Code R. 250-RICR-140-25-1.20
Amanded effective 11/20/2018