Section 250-RICR-150-10-3.22 - VariancesA. Any owner or applicant may submit a written request to the Director for a variance from some or all provisions of these rules and regulations.B. The owner or applicant shall have the burden of proving by clear and convincing evidence that a variance should be granted because alternative design or operating standards or alternative methods proposed in the variance application fulfill the purposes of the rules and regulations from which the variance is requested and shall have no adverse effect on public health and the environment.C. The Director may require that the applicant provide notification of any request for variance to all potentially affected parties as determined by the Director. At a minimum, the applicant may be required to notify all abutters of the proposed facility or site. The Director may schedule a public hearing as required pursuant to R.I. Gen. Laws Chapter 42-35 to solicit public comment prior to rendering a decision on the variance request. The applicant shall be required to pay the expenses for notice and hearing.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 environment.E. Issuance of a variance pursuant to this rule does not relieve the holder of the variance from complying with requirements of these rules and regulations which have not been the subject of a variance.250 R.I. Code R. 250-RICR-150-10-3.22