A. Requests for variances from specific requirements of any particular rule must be made a part of the permit application of any applicant and the opportunity to request a public meeting or administrative permit hearing, or both, shall have been offered prior to authorization of the variance to any applicant, including any unit of government. Further, any application for a variance for substitute technology which equals or exceeds the protection accorded by the particular rule shall not be granted unless an opportunity to request a public meeting or administrative permit hearing, or both, has been offered.

B. Except as otherwise provided in this subsection, the Department shall not approve a variance from the rules of the Board for a solid waste disposal site to be located within any one-hundred year flood plain unless the variance is conditioned upon the subsequent redefinition of the one-hundred year plain to not include the land area proposed for the variance. A variance may be granted for the siting of a solid waste transfer station within a one-hundred year flood plain conditioned upon the requirement that no solid waste will be retained or stored by any means during nonoperating hours on any portion of the permitted site that is within the one-hundred year flood plain.

Added by Laws 1990, c. 217, § 8, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 149, eff. July 1, 1993. Renumbered from Title 63, § 1-2421 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1995, c. 341, § 2, eff. Jan. 1, 1996.

NOTE: Laws 1995, c. 285, § 9 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.