Current through Register Vol. 41, No. 3, September 23, 2024
A. The director may
grant a variance to a design or operational standard by following the
appropriate procedures set forth in this chapter.
B. Requirements. The director may grant a
variance if he finds that the hardship imposed (which may be economic)
outweighs the benefits that may be received by the public and that the granting
of such variance does not subject the public to unreasonable health risks or
environmental pollution.
C.
Application. Any owner may apply in writing for a variance. The application
should be sent to the appropriate area engineer as specified, for evaluation.
The application shall include:
1. A citation
of the design or operational standard from which a variance is
requested.
2. The nature and
duration of variance requested.
3.
A statement of the hardship to the owner and the anticipated impacts to the
public health and welfare if a variance were granted.
4. Suggested conditions that might be imposed
on the granting of a variance that would limit its detrimental impact on public
health and welfare.
5. Other
information, if any, believed to be pertinent by the applicant.
6. Such other information as may be required
to make the determination in accordance with this chapter.
D. Consideration. The director shall act on
any variance request submitted pursuant to this chapter within 60 days of
receipt of request. In the director's consideration of whether a sewerage
systems or treatment works variance should be granted, the director shall
consider such factors as the following:
1.
The effect that such a variance would have on the adequate operation of the
sewerage systems or treatment works, including operator safety (in accordance
with requirements of the Virginia Department of Labor and Industry,
Occupational Safety and Health Administration (VOSH)).
2. The cost and other economic considerations
imposed by this requirement;
3. The
effect that such a variance would have on the protection of the public health
and welfare, or the environment.
E. Disposition. The director will offer the
owner an opportunity to participate or become informed as to the variance
processing and decisions.
1. The director may
grant the variance request and if the director proposes to deny the variance he
shall provide the owner an opportunity to an informal fact-finding proceeding
as provided in § 2.2-4019 of the Administrative Process Act. Following
this opportunity for an informal fact-finding proceeding, the director may
reject any application for a variance by sending a rejection notice to the
applicant. The rejection notice shall be in writing and shall state the reasons
for the rejection. A rejection notice constitutes a case decision.
2. If the director proposes to grant a
variance request submitted pursuant to this chapter, or standards contained in
this chapter, the applicant shall be notified in writing of this decision. Such
notice shall identify the variance, the sewerage systems or treatment works
involved, and shall specify the period of time for which the variance will be
effective. Such notice shall provide that the variance will be terminated when
the sewerage systems or treatment works come into compliance with the
applicable design or operational standard and may be terminated upon a finding
by the director that the sewerage systems or treatment works has failed to
comply with any requirements or schedules issued in conjunction with the
variance. The effective date of the variance shall be 15 days following its
issuance.
F. Posting.
All variances granted for the design or operation of any sewerage systems or
treatment works are nontransferable. Any requirements of the variance shall
become part of the permit of the sewerage systems or treatment works
subsequently granted by the director.
Statutory Authority
§ 62.1-44.19 of the Code of Virginia.
