Section R315-260-19 - Variances Authorized(a) Variances shall be granted by the Board only to the extent allowed under State and Federal law.(b) The Board may consider a variance request in accordance with the standard established in section 19-6-111.(c) The Board may, at its own instance, review any variance granted during the term for which a variance was granted.(d) A person applying for a variance shall submit the application, in writing, to the Director. The application shall provide the following: (1) Citation of the statutory, regulatory, or permit requirement from which the variance is sought;(2) For variances for which the Board promulgates or has promulgated specific rules, information meeting the requirements of those rules;(3) Information demonstrating that application of or compliance with the requirement would cause undue or unreasonable hardship on the person applying for the variance;(4) Proposed alternative requirements, if any;(5) Information demonstrating that the variance will achieve the purpose and intent of the statutory, regulatory, or permit provision from which the variance is sought;(6) Information demonstrating that any alternative requirement or requirements will adequately protect human health and the environment; and(7) If no alternative requirement is proposed, information demonstrating that if the variance is granted, human health and the environment will be adequately protected.(e) A person applying for a variance shall provide such additional information as the Board or the Director requires.(f) Nothing in Subsection R315-260-19(d) or (e) limits the authority of the Board to grant variances in accordance with the standard established in Section 19-6-111. A person applying for a variance under Section R315-260-19 shall provide such information described in Subsection R315-260-19(d) as the Director determines.Utah Admin. Code R315-260-19
Adopted by Utah State Bulletin Number 2016-9, effective 4/15/2016