Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Variance from requirements of this chapter.
A. A local unit of government is authorized
to request a variance from the commissioner from the standards in this chapter
or request a variance to the public health or environmental protection
standards in parts
7080.2150, subpart
2, and 7081.0080, subparts
2 to
5.
B. Before granting a requested variance, the
commissioner must find that by reason of exceptional circumstances, the strict
enforcement or strict conformity with this chapter or public health or
environmental standards would be unreasonable, impractical, or not feasible
under the circumstances. The commissioner may permit a variance under part
7000.7000 in harmony with the
general purpose of this chapter and chapters 7080 and 7081 and the intent of
applicable state laws. The variance request must contain, as applicable:
(1) the specific provision in the rule or
rules from which the variance is requested;
(2) the reasons why compliance with the rule
is difficult or inappropriate;
(3)
a description of the hardship that prevents compliance with the rule;
(4) the alternative measures that will be
taken to ensure a comparable degree of compliance with the intention of the
applicable chapter;
(5) the length
of time for which the variance is requested;
(6) cost considerations; and
(7) other relevant information requested by
the commissioner as necessary to properly evaluate the variance
request.
C. Variances
must be submitted to and approved by the commissioner prior to
implementation.
Subp. 2.
Prohibited variation.
A. Local
ordinances or locally issued variances must not deviate from flow
determinations under part
7081.0110 if the deviation reduces
the average daily flow from more than 10,000 gallons to 10,000 gallons per day
or less without approval of the commissioner.
B. Programs adopted under part
7082.0100, subpart
3, must not issue variances
from provisions in part
7080.2150, subpart
2, items A to D, or
7081.0080, subparts
2 to
5.
C. Only the governing state agency or locally
delegated authority is authorized to issue variances to chapters 4714, 4720,
4725, 6105, and 6120.
Subp.
3.
Variation from local ordinance requirements.
Variances to standards and criteria not listed in subpart
2 are allowed to be granted
on a site-by-site basis by the local unit of government, if applicable local
variance procedures are followed.
Subp.
4.
Record keeping requirements.
Local units of government must maintain records of certificates
of compliance, notices of noncompliance, permit applications, issued permits,
enforcement proceedings, variance requests, and other actions taken. Records
must be available for review by the commissioner. Permit files must also
include:
A. site evaluation reports,
including items identified in parts
7080.1730 and
7081.0200;
B. design reports for items identified in
parts
7080.2430 and
7081.0270, subpart 11;
C. as-built drawings;
D. management plans and results from approved
management plans; and
E. an annual
list of all sewage system tanks installed in the jurisdiction, sorted by the
licensed installation business.
Subp.
5.
Enforcement of local ordinances.
Local units of government shall administer local programs and
enforce local ordinances that regulate SSTS as adopted in compliance with this
chapter. Local units of government are authorized to also enforce local
ordinances under Minnesota Statutes, section
115.071, subdivisions
3 and 4.
Statutory Authority: MS s
115.03;
115.55
