§ 38 §490-CC — Variances

An owner or operator must comply with the performance standards in section 490‑Z unless a variance from those performance standards is approved by the department. Except when prohibited by section 490‑Z, the department may grant a variance from the performance standards in this article if the owner or operator affirmatively demonstrates to the department that the variance does not adversely affect natural resources or existing uses and does not adversely affect the health, safety and general welfare of the public. The department may adopt rules that set forth the standards for granting a variance from the performance standards in this article. Such rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. A variance application must include any fee applicable under section 490‑EE. The department shall process the variance application according to chapter 2 and the rules adopted by the department for processing an application. An applicant for a variance under this article shall hold a public informational meeting as described in those rules.
The department shall publish a timetable for responding to variance applications in the same manner prescribed in section 344‑B. A variance is not valid unless approved by the department and, if a municipality is the regulator, the municipality. In making its decision on a variance application, the department shall consider comments or information received and the compliance record of the owner or operator. The department shall inform the owner or operator of any significant concerns or issues raised.

Legislative History

PL 1995, c. 700, §35 (NEW). PL 2005, c. 602, §7 (AMD).