Section NR 149.12 - Variances(1) GENERAL. The department may approve variances from non-statutory requirements of this chapter when the department determines that the variances have no effect on the department's objectives. Before granting variances, the department shall consider factors such as good cause, circumstances beyond the control of the laboratory, and financial hardship.(2) REQUEST FOR VARIANCE. Requests for variances shall be submitted to the department. Each variance request shall contain all the following: (a) The name of the applicant or laboratory.(b) The section of this chapter from which a variance is sought.(c) A description of the circumstances under which the variance will be exercised, including any pertinent background information relevant to making a justification.(3) APPROVAL OF VARIANCE. The department shall approve or deny the requested variance to the applicant within 60 days of receiving all the information referenced in sub. (2). If the request is denied, the department shall state the reasons for the denial.(4) REPEAL OF VARIANCES. The department will annually review approved variances and may repeal those where the initial justification for the variance no longer applies. Once the department notifies the laboratory of the repeal, the laboratory will have six months before the repeal is effective.Wis. Admin. Code Department of Natural Resources NR 149.12
CR 06-005: cr. Register April 2008 No. 628, eff. 9-1-08.Amended by, CR 17-046: cr. Register February 2021 No. 782, eff. 6/29/2021