Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 502 - VARIANCES

Universal Citation: 2 CO Code Regs 404-1 ยง 502

Current through Register Vol. 47, No. 17, September 10, 2024

a. Variances. Requests for variances to any of the Commission's Rules or orders will be filed with the Commission.

b. Director Recommended Variances. Variances seeking relief from the ministerial application of a Commission Rule or order may be recommended for approval by the Director. If the application for a variance is uncontested, the Commission will consider the Director's recommendation pursuant to Rule 508. If the Director determines that an application for a variance is not ministerial or implicates public health, safety, welfare, the environment, or wildlife resources, the Director will refer the application to the Commission for hearing pursuant to Rule 510.

(1) Variances Sought from Commission. Variances to any of the Commission's Rules or orders not applied for pursuant to Rule 502.b may be granted by the Commission after a hearing upon the application.

(2) For purposes of seeking a variance from the Commission, only the Operator or an Applicant authorized by the Commission's Rules may file an application seeking the Commission's approval of a variance.

c. The Operator or the Applicant requesting a variance pursuant to Rule 502.a will make a showing that:

(1) It has made a good faith effort to comply, or is unable to comply, with the specific requirements contained in the Commission's Rule or order from which it seeks a variance, including, without limitation, securing a waiver or an exception, if any;

(2) That the requested variance will not violate the basic intent of the Act;

(3) The requested variance is necessary to avoid an undue hardship;

(4) Granting the variance will result in no net adverse impact to public health, safety, welfare, the environment, or wildlife resources; and

(5) The requested variance contains reasonable conditions of approval or other mitigation measures to avoid, minimize, or mitigate adverse impacts to public health, safety, welfare, the environment, and wildlife resources.

d. No variance to the Commission's 800 Series Rules will be granted without consultation with the EPA.

e. Notice of all granted variances also will be posted on the Commission's website.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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