Section 250-RICR-140-25-2.16 - VariancesA. Any owner or operator of a facility may submit a written request to the Director or his designee for a variance of some or all provisions of these Regulations.B. The owner or operator shall have the burden of proving by clear and convincing evidence that a variance should be granted because alternative design or operating standards are substantially equivalent to the regulations and will have no adverse effect on public health and/or the environment.C. If the Director determines that there is sufficient public interest or that the variance request raises significant 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.D. 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 the environment.E. Any person affected by the grant or denial of a variance request may, in accordance with the Rules and Regulations for the Administrative Adjudication Division (Part 10-00-1 of this Title) for DEM, Administrative Adjudication Division, petition for an adjudicatory hearing to review the initial decision.250 R.I. Code R. 250-RICR-140-25-2.16
Amended effective 5/2/2018
Amended effective 7/20/2022