California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 16 - Underground Tank Regulations
Article 8 - Site-Specific Variance Procedures
Section 2681 - Site-Specific Variances

Universal Citation: 23 CA Code of Regs 2681

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

(a) A site-specific variance allows an alternative method of construction or monitoring which would be applicable at one or more sites within a local agency's jurisdiction. Application for a site-specific variance shall be made to the appropriate Regional Water Quality Board.

(b) Prior to applying to the Regional Water Quality Board for a variance, the applicant shall submit a complete construction and monitoring plan to the local agency. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified. If the local agency decides that a variance would be necessary to approve the specific methods or if the local agency does not act within 60 calendar days of receipt of a complete construction and monitoring plan from the applicant, the applicant may submit the variance application to the Regional Water Quality Board.

(c) An application for a site-specific variance shall include, but is not limited to:

(1) A description of the provision from which the variance is requested.

(2) A detailed description of the complete construction and monitoring methods to be used. The proposed alternative program, method, device, or process shall be clearly identified.

(3) Any special circumstances on which the applicant relies to justify the findings necessary for the variance, as prescribed by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code.

(4) Clear and convincing evidence that the proposed alternative will adequately protect the soil and the beneficial uses of waters of the state from an unauthorized release.

(5) Any environmental information or documentation requested by the Regional Water Quality Board pursuant to the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code).

(6) A list including names and addresses of all persons known to the applicant who may be affected by or may be interested in the variance request.

(7) A fee not to exceed $2,750 for variance requests at one site. A fee not to exceed $5,500 for variance requests at more than one site within one local agency's jurisdiction.

(d) The Regional Water Quality Board shall review all applications submitted and shall notify the applicant in writing within 30 calendar days of receipt of the application whether the application is complete.

(e) The Regional Water Quality Board shall hold a hearing on the proposed variance as specified in section 25299.4(c) of the Health and Safety Code.

(f) Any site-specific variance shall prescribe appropriate additional conditions and shall describe the specific alternative system for which the variance is being granted. The Regional Water Quality Board shall notify the applicant, the local agency, and the State Water Board of its decision.

(g) If the variance is approved, the local agency shall issue a permit to the applicant which includes the conditions prescribed by the Regional Water Quality Board. A local agency shall not modify the permit unless it determines that the modification is consistent with the variance that has been granted.

(h) The Regional Water Quality Board shall modify or revoke a variance upon a finding that the proposed alternative does not adequately protect the soil and the beneficial uses of the waters of the state from an unauthorized release. The Regional Water Quality Board shall not modify nor revoke the variance until it has followed procedures comparable to those prescribed in this section and Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulations. The Regional Water Quality Board shall notify the local agency and the State Water Board of the modification or revocation. The local agency shall modify or revoke the permit for the site.

1. Repealer and renumbering and amendment of former section 2682 to section 2681 filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.

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