Due to site and/or soil limitations, domestic animal owners may find that they cannot comply with all the provisions of these rules, especially when proposing to bury or compost animal carcasses. In recognition of that fact, variances to these rules may be approved by the Commissioner provided that animal and human health and ground and surface waters are protected, that no reasonable alternative exists, and that proper engineering techniques are utilized to offset reduced setbacks and/or limitations. Requests for variances to these rules must be submitted in writing to the Commissioner for his/her approval along with provisions for overcoming limitations except as noted below. Variances will be reviewed and acted upon on a site-specific basis. The Commissioner may approve, deny or approve with conditions. Activities occurring under the variance must comply with the conditions of the variance.
Exception: In an emergency, the request for a variance may be made verbally to the Commissioner. In these time sensitive situations, the Commissioner may verbally approve, deny, or approve with conditions. After the emergency has been resolved, a written carcass disposal plan and site sketch shall be provided to the Commissioner.
01-001 C.M.R. ch. 211, § 5