N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-1.5

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

Section 383-1.5 - Variances

(a) Unless otherwise precluded by law, the department may, upon written application from any person who is subject to this Part, grant a variance from one or more provisions of this Part except the performance objectives under the conditions set forth in this Subpart. An application for a variance must:

(1) identify the specific provisions of this Part from which a variance is sought;

(2) demonstrate to the satisfaction of the department that compliance with the identified provision would impose on the applicant or the public an unreasonable safety or economic hardship;

(3) demonstrate to the satisfaction of the department that, with the requested variance in effect, there would be reasonable assurance that the performance objectives would be met; and

(4) demonstrate to the satisfaction of the department that the requested variance would:

(i) cause no significant adverse impact on the environment, natural resources, or the public health, safety and welfare; and

(ii) would be consistent with the other provisions of the ECL and this Part and Part 382 of this Title.

(b) In granting a variance pursuant to this section, the department may impose specific conditions reasonably necessary to ensure that the granting of such variance will cause no significant 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, operating, closing, or maintaining 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 §§ 383-1.5