S.C. Code Regs. § § 61-105.CC

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-105.CC - Variances

(1) The Department may, upon written petition from any person who is subject to this regulation, grant a variance from one or more specific provisions of this regulation under the following conditions. The petitioner shall:

(a) identify the specific provisions of this regulation from which variance is sought;

(b) demonstrate that compliance with the identified provision would, on the basis of conditions unique and peculiar to the applicant's particular situation, tend to impose a substantial financial, technological, or safety burden on the petitioner or the public; and

(c) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, or welfare, the environment or natural resources and will be consistent with the provisions of the Infectious Waste Management Act.

(2) In granting any variance hereunder the Department may impose specific conditions reasonably necessary to assure that the subject activity will have no adverse impact on the public health, safety, or welfare, the environment or natural resources.

(3) Any variance granted by the Department may be immediately withdrawn when the Department finds on the basis of complaints, noncompliance with conditions of the variance or other information that the variance is not in the public interest or protective of human health and/or the environment, or that the petitioner has provided false or inaccurate information on which the variance was granted.

(4) Nothing herein shall be construed as a waiver of the Department's right to deny any petition for a variance.

S.C. Code Regs. § 61-105.CC