Ala. Admin. Code r. 335-4-11-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-4-11-.02 - Petition for Variance

(1)Applicability. Any person may request a variance from specific provisions of 335-4 by filing a Petition for Variance with the Department at least 120 days prior to the anticipated change and shall receive approval from the Department prior to implementation of the proposed change.

(2)Petition Requirements. To enable the Department to rule on the Petition for Variance, the following information shall be included in the petition:

(a) A clear and complete statement of the precise extent of the relief sought including specific identification of the particular provisions of the regulations from which the variance is sought;

(b) An assessment, with supporting factual information, of the impact that the variance will impose on the public health and the environment in the affected area.

(c) Any additional information requested by the Department as necessary to evaluate the variance request.

(d) A concise factual statement of the reasons the petitioner believes that non-compliance with the particular provisions listed in 335-4 will not threaten the public health or unreasonably create environmental pollution.

(e) Applicable fees in accordance with 335-1.

Ala. Admin. Code r. 335-4-11-.02

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: Adam N. Rhodes

Statutory Authority:Code of Alabama 1975, § 22-40A-1et seq.