49-763.01. Variances
Within ninety days after receipt of a written request for a variance from a solid waste facility owner, operator or management agency, the department may grant a variance from solid waste management rules and standards if the department concludes that no violation of health standards will occur. The department may consider whether an environmental nuisance will result. If the request is denied, the department shall prepare and make available to the management agency or facility owner or operator a written decision including relevant data and a technical analysis supporting the denial. The department shall not grant any variance or temporary authorization to operate under the provisions of this chapter if the proposed variance conflicts or is inconsistent with the requirements of 40 C.F.R. part 257 or 40 C.F.R. part 258.
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