Minnesota Administrative Rules
Agency 144 - Health Department
Chapter 4717 - ENVIRONMENTAL HEALTH
VARIANCES
Part 4717.7010 - CRITERIA FOR DECISION; CONDITIONS

Universal Citation: MN Rules 4717.7010

Current through Register Vol. 48, No. 39, March 25, 2024

Subpart 1. Criteria for granting a variance.

The commissioner may grant a variance if:

A. the variance was requested in a manner prescribed by part 4717.7000;

B. the variance will have no potential adverse effect on public health, safety, or the environment;

C. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rule;

D. strict compliance with the rule will impose an undue burden on the applicant; and

E. the variance does not vary a statutory standard.

Subp. 2. Conditions for variance.

In granting a variance the commissioner may attach conditions the commissioner determines are needed to protect public health, safety, or the environment.

Subp. 3. Future effect.

A variance shall have only future effect.

Statutory Authority: MS s 14.05

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