Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 169 - Dry cleaner environmental response program
Section NR 169.29 - Variances

Universal Citation: WI Admin Code ยง NR 169.29

Current through August 26, 2024

(1) GENERAL. The department may approve a variance from any nonstatutory requirement of this chapter. In considering a variance request, the department shall take into account factors such as good cause, circumstances beyond the control of the owner or operator seeking reimbursement, whether the variance is essential to effect necessary actions or departmental objectives, and whether special circumstances make the variance in the best interest of the state.

(2) REQUEST FOR VARIANCE. An owner or operator submitting an award application and requesting a variance shall submit a written request for a variance to the department as far in advance as the situation will permit. Each request shall contain all of the following:

(a) The name of the person requesting the variance and the name and telephone number of a contact person familiar with the variance request.

(b) An explanation of why the variance is needed, including the factual basis for the variance request and the specific provision of this chapter from which a variance is sought.

(c) Within 30 days of receiving a request, the department shall mail the applicant for a variance a written decision stating the reasons or basis for the decision.

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