Kan. Admin. Regs. § 28-16-174

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-16-174 - Variance from specific requirements

(a) Each person seeking a variance from any of the requirements in K.A.R. 28-16-160 through 28-16-173 shall submit to the secretary, in writing, a request for the variance and shall provide information and data relevant to the variance request, for the secretary's review and consideration for approval.

(b) Each variance request shall specify why the request should be considered and how the requested variance meets the provisions of K.A.R. 28-16-160 through 28-16-173 and provides for protection of public health and the environment.

(c) A variance may be granted by the secretary if the request is in keeping with the provisions of K.A.R. 28-16-160 through 28-16-173 and the secretary determines that the requested variance will protect public health and the environment. In evaluating each variance request, site-specific conditions, which may include the depth to groundwater, the quantity of groundwater present, hydrogeologic factors, alternative technical information, and alternative designs, shall be considered by the secretary.

Kan. Admin. Regs. § 28-16-174

Authorized by K.S.A. 2003 Supp. 65-171d; implementing K.S.A. 65-164 and K.S.A. 2003 Supp. 65-171d; effective May 20, 2005.