Current through August 26, 2024
The department shall consider and may grant a variance to
a provision of this chapter. The petition for variance shall establish an
equivalency which meets the intent of this chapter.
(1) APPLICATIONS FOR PETITION FOR VARIANCE. A
petition for variance must include all of the following:
(a) A completed and notarized petition for
variance form, TR-WM-129.
(b) A
petition for variance fee of $300.00.
(c) If the petition is requesting a variance
from building or property setback requirements, a position statement completed
by the fire department having jurisdiction.
(2) DEPARTMENT ACTION.
(a) Upon receipt of the petition for
variance, including all required information, the department shall evaluate the
petition for variance and determine if it provides for an equivalency which
meets the intent of this chapter.
(b) If additional information is needed, the
department shall notify the owner in writing of the specific information
required.
(c) If the department
determines that the petition for variance provides an equivalency, the
department shall approve the variance.
(e) If the department determines that the
petition for variance does not provide an equivalency, the department may:
1. Approve the petition for variance subject
to specific conditions determined by the department which shall establish an
equivalency which meets the intent of the rule;
2. Grant a temporary variance to delay
enforcement of a rule to a specified date, not to exceed one year. In
requesting the variance, the petitioner shall demonstrate that all available
steps are being taken to safeguard the public and environment and shall possess
and describe a program for coming into compliance with the rule as quickly as
possible. A temporary variance may be renewed no more than twice, not to exceed
one year each, and only if the petitioner files an application for renewal at
least 90 calendar days before expiration of the temporary variance;
3. Grant an experimental variance to allow
the petitioner to participate in an experiment approved by the department to
demonstrate or validate new or improved techniques to safeguard the public and
the environment; or
4. Deny the
petition for variance.
(3) NOTIFICATION OF PETITION FOR VARIANCE
DETERMINATION. The department shall notify the petitioner in writing of the
petition for variance determination, including any conditions of approval. Any
denial shall include the reason for denial and information on the appeals
procedure.
(4) TIME LIMIT FOR
PROCESSING. The department shall review and make a determination on an
application for a petition for variance within 30 business days.
(5) MODIFICATIONS AND REVISIONS.
(a) If a petition for variance is initially
denied by the department, the petitioner may, in writing, modify the request
for variance by submitting additional or other alternatives in order to provide
an equivalency and resubmit the application for the petition for
variance.
(b) The petitioner may,
in writing, request that the petitioner's original statements or the conditions
of approval be modified and resubmit the application for the petition for
variance.
(6) REVOCATION.
The department may revoke any petition for variance where it is determined that
the variance was obtained through fraud or deceit or where the petitioner has
violated the specific conditions on which the variance was approved.
