New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 5 - Drinking Water Supplies
Subpart 5-2 - Water Well Construction
Section 5-2.12 - Variance

(a) Where the permit-issuing official finds that compliance with all requirements of this Subpart would result in undue hardship, a variance from any one or more such requirements may be granted by the State Department of Health to the extent necessary to ameliorate such undue hardship and to the extent such variance can be granted without impairing the intent and purpose of this Subpart.

(b) An application for a variance shall be submitted to the permit-issuing official by the applicant including any requested additional information concerning the application.