Section 096-400-13 - VariancesExcept where specifically prohibited, any applicant or licensee may seek a variance to the requirements of these rules for establishing, altering, operating or closing a solid waste facility or handling solid waste by using the procedures described below. It is the responsibility of the applicant or licensee to demonstrate that its proposal will comply with the intent of State laws and these rules. The Department shall consider the variance as part of its comprehensive review of an application for a new or expanded facility or activity, or as a minor revision or amendment application for an existing facility or activity.
NOTE : The Department intends, through this section on "Variances", to allow for flexibility and creativity in meeting the requirements of these rules. Differences in waste characteristics, facility size, geologic conditions, and management alternatives may be taken into consideration.
A. Variances Affecting Site Standards, Facility Design, and Construction. The Department has determined that the requirements of these rules for solid waste facilities are best able to ensure that a facility will not pollute any waters of the State, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. Whenever a facility applicant or licensee seeks to vary from the requirements of these rules relating to siting standards, facility design, or construction, the applicant or licensee must present clear and convincing evidence that the facility site's proposed location, design, or construction is distinctive in some way that allows for compliance with State laws and the purpose and intent of these rules.B. Variances Affecting Operation. Whenever any facility owner or operator seeks to vary any aspect of a facility's or an activity's operation from the operating requirements of these rules. The owner or operator must affirmatively demonstrate that the facility or activity will not contaminate any waters of the State, contaminate the ambient air, constitute a hazard to health and welfare, or create a nuisance, and that the proposed operation will comply with State law and the purpose and intent of these rules.C. Contents of Application. Requests for a variance must include at a minimum: (1)Applicable Requirement . Identification of the specific provisions of these rules from which a variance is sought;(2)Alternative Procedure or Design . The alternative procedure or design proposed and the reasons why it meets the purpose and intent of the rule;(3)Reasons for Variance . The reasons for which a variance is requested, including the environmental, financial and technological justifications; and(4)Other Information . Any other relevant information the Department may request or the applicant may wish to provide.D. Term and Renewal of Conditions. A variance is concurrent with the term of the license for the facility, unless the Department issues the variance for a shorter time frame.06- 096 C.M.R. ch. 400, § 13