N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 613-1.8 - Variances

(a) The department may, upon written request from any person subject to this Part, grant a variance from one or more provisions of this Part. An application for a variance must:

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

(2) demonstrate that the proposed activity will have no adverse impact on public health and the environment;

(3) demonstrate that the proposed activity will be consistent with the provisions of the ECL;

(4) demonstrate that the proposed activity will provide environmental protection equal to or greater than the requirements of this Part; and

(5) provide the department with appropriate evidence that the new or alternative designs, practices, or methods meet the criteria of this subdivision.

(b) In granting any variance, the department may impose conditions necessary to assure that the activity will have no adverse impact on public health or the environment.

(c) No variance request will be approved that would have the effect of continuing an activity or circumstance that constitutes non-compliance with any provision of this Part, unless the department authorizes the submission of the variance request as part of an enforcement settlement.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.8

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015