Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS
Part VI - Variance Application Procedures
Section 9VAC20-121-410 - Variance to requirements
Universal Citation: 9 VA Admin Code 20-121-410
Current through Register Vol. 41, No. 3, September 23, 2024
A. The director may grant a variance from any regulation contained in Part III (9VAC20-121-100 et seq.) through Part V (9VAC20-121-300 et seq.) of this chapter to an applicant if the applicant demonstrates to the satisfaction of the director that:
1.
a. Strict application of the regulation to
the facility will result in undue hardship that is caused by the applicant's
particular situation;
b. The
alternate is equally protective of human health and the environment as that
provided for in the regulations; or
c. Technical conditions exist that make a
strict application of the regulation difficult to achieve; and
2. Granting the variance will not
result in an unreasonable risk to the public health or the
environment.
B. Effects of the decisions.
1. When the director renders
a decision under this section in accordance with the procedures contained in
9VAC20-121-420, the director may:
a. Deny the
application;
b. Grant the variance
as requested; or
c. Grant a
modified or partial variance.
2. When a variance is granted, the director
may:
a. Specify the termination date of the
variance; or
b. Include a schedule
for:
(1) Compliance, including increments of
progress, by the facility with each requirement of the variance; and
(2) Implementation by the facility of such
control measures as the director finds necessary in order that the variance may
be granted.
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 257.
Disclaimer: These regulations may not be the most recent version. Virginia 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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