Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7083 - SSTS CREDENTIALING AND PRODUCT REGISTRATION
Part 7083.0040 - ADMINISTRATION BY AGENCY
Universal Citation: MN Rules 7083.0040
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Agency to administer.
This chapter is administered by the agency.
Subp. 2. Variance procedures.
A. In certain cases, the commissioner may
grant a variance from the standards in this chapter. This variance provision is
not intended to provide relief for licensed businesses or certified individuals
from missed expiration dates or enforcement actions.
B. Before granting a requested variance, the
commissioner or agency must find that, by reason of exceptional circumstances,
the strict enforcement or strict conformity with this chapter would be
unreasonable, impractical, or not feasible under the circumstances. The agency
may permit a variance under part
7000.7000 in harmony with the
requirements of part
7000.7000, the general purpose of
this chapter, 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 the rule is unreasonable,
impractical, or not feasible under the circumstances and state the underlying
circumstances;
(3) a description of
the hardship that compliance with the rule presents;
(4) the alternative measures that will be
taken to ensure a comparable degree of compliance with the intention of the
chapter;
(5) the length of time for
which the variance is requested;
(6) a statement that the party applying for
the variance will comply with the terms of the variance, if granted;
and
(7) economic
considerations.
C. In
addition to the variance information required in item B, the commissioner has
the authority to also require the requesting party to submit other relevant
information for the specific purpose of properly evaluating the variance
request.
Statutory Authority: MS s 115.03; 115.55
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