N.Y. Comp. Codes R. & Regs. tit. 6 § 382.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 382.4 - Variances and exemptions

(a) The department may grant a variance from any of the provisions of this Part except the performance objectives in sections 382.10 -382.15. The department may grant such a variance if an applicant establishes, to the satisfaction of the department, that:

(1) compliance with the provision from which the variance is sought would impose on the applicant or the public an unreasonable safety or economic hardship;

(2) with the requested variance in effect, the proposed land disposal facility would meet the performance objectives in sections 382.10 -382.15 of this Part; and

(3) the requested variance would have no significant adverse impact on the public health, safety or welfare, the environment or natural resources, and would be consistent with the provisions of the ECL and the purpose of this Part.

(b) In granting any variance pursuant to this section, the department may impose specific conditions reasonably necessary to ensure that the granting of such variance will have no adverse impact on the environment, natural resources, or on the public health, safety or welfare.

(c) Any United States Department of Energy contractor or subcontractor operating in this State is exempt from the requirements of this Part to the extent that such contractor or subcontractor is involved in selecting, characterizing, developing or operating a site to be used by the Department of Energy for disposal of low-level radioactive waste pursuant to Federal law.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 382.4