250 R.I. Code R. 250-RICR-150-05-3.17

Current through November 7, 2024

Section 250-RICR-150-05-3.17 - Variances

A. Variance Requests: A facility owner or operator may submit a written request to the Director for a variance from any of the provisions of these Rules. Such request for a variance shall include at a minimum:

1. Name and address of the facility owner or operator, and the name and location of the facility for which the owner or operator seeks a variance;

2. A list of the names and addresses of the owners and tenants of all properties that abut the facility;

3. Identification of the specific Rule or Rules from which a variance is requested;

4. A statement of the reasons for which the facility owner or operator seeks a variance. This statement shall specify the reasons that the facility owner or operator is unable to comply with these Rules, why a variance is necessary, and the reasons why a hardship is alleged. The person seeking the variance should separately and by number list each reason and any other mitigating factors he believes the Director should consider; and

5. An explanation that the alternative procedures requested are substantially equivalent to the Rules herein in achieving protection of the public health and the environment.

B. Variance Decisions

1. The Director may issue a variance under this Rule when the facility owner or operator proves by clear, convincing and scientifically valid evidence that:

a. Compliance with these Rules would cause unreasonable or undue hardship;

b. The issuance of the variance will have no adverse effect on public health and the environment; and

c. The alternative procedures requested are substantially equivalent to the Rules herein in achieving protection of the public health and the environment.

2. If the Director determines that there is widespread public interest or that the variance request raises major issues that could affect other facilities, then the Director may schedule a public hearing to solicit public comment prior to rendering a decision on the variance request.

3. The Director's decision to grant or deny a variance shall be in writing and may, as a condition of granting the variance, impose appropriate requirements necessary to protect the public health and the environment.

250 R.I. Code R. 250-RICR-150-05-3.17

Adopted effective 1/9/2019
Amended effective 12/28/2023