250 R.I. Code R. 250-RICR-140-30-1.14

Current through December 26, 2024

Section 250-RICR-140-30-1.14 - Variances and Extensions

1.14.1 Applications

An applicant may apply to the Director for a variance from or extension to any of these Rules and Regulations. The Director may require the collection and/or submission of information the Director deems necessary to fully evaluate such application.

1.14.2Extensions

The Director may upon request, issue an extension to any of the time tables and schedules required by these regulations in the form of a variance.

1.14.3 Variances

A. The Director may upon application, issue a variance under this rule when compliance with these Rules and Regulations would cause unreasonable or undue hardship to the applicant, provided the applicant can also present substantial evidence that the issuance of a variance will, at a minimum:

1. Provide protection to human health and the environment equivalent to that which is provided by these regulations;

2. Not result in exceedances of applicable remedial objectives as described in § 1.9 of this Part beyond the control of the Performing Party;

3. Not endanger the public health and safety;

4. Not significantly interfere with the public use and enjoyment of any recreational resource;

5. Not significantly adversely impact any surface water or any groundwater, or cause contamination of any drinking water supply or tributary thereto; and

6. Not violate any provisions of any pertinent federal or state statutes, rules or regulations regarding air, land or water resources.

B. In determining whether the applicant has met these requirements, the Director may consider background conditions. Other conditions which the Director will take into consideration when evaluating a request for a variance will include, but not be limited to, groundwater classification, contaminant migration pathways, mobility and toxicity of constituents of concern, volume of contamination, institutional controls and the resulting risk to human health and the environment.

C. The Director reserves the right to limit the effective time period for a variance.

1.14.4 Department's Evidence

The Department, through its authorized agents, may present evidence to the Director relative to any application or request for an extension or variance.

1.14.5Remonstrant

Remonstrants who have been notified, as required by this rule, may present evidence to the Director relative to any application or request for an extension or variance it submits for approval or modification.

1.14.6 Decision

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

250 R.I. Code R. 250-RICR-140-30-1.14

Amended effective 4/22/2020