Md. Code Regs. 26.04.09.09

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.04.09.09 - Variances

A. The owner, operator, or person proposing to construct or currently operating a natural wood waste recycling facility may apply to the Department for a variance from one or more of the provisions of these regulations.

B. A natural wood waste recycling facility may seek a variance for design or operation and maintenance requirements, or both;

C. The Department shall grant a variance when the design or method of operation proposed in the variance application shows, to the satisfaction of the Department, that the facility operations will conserve and protect the public health, natural resources, and environment of the State, and control air, water, and land pollution to at least the same extent as would be obtained by compliance with these regulations.

D. Requests for a variance shall supply the information required by the Department, including:

(1) The nature and location of the natural wood waste recycling facility;

(2) The reasons for which the variance is required, including the economic, technological, and environmental justification; and

(3) Other relevant information the Department may require in order to make a determination regarding the application.

E. The Department shall make a determination to either grant or deny the variance. If the variance request is denied, the Department shall inform the applicant in writing of the basis of the denial and the procedures for appeal of the determination.

F. The provisions of the general permit are not subject to variance.

Md. Code Regs. 26.04.09.09