Wis. Admin. Code Department of Natural Resources NR 243.06

Current through October 28, 2024

Section NR 243.06 - Variances

(1) A permittee may request a waiver or variance to a requirement of this chapter. Subject to sub. (2), the department may approve a variance from a requirement in this chapter when special circumstances show that a variance is needed and the approval of the variance will not negatively impact or threaten the environment or public health. A request for a variance shall be submitted in writing and shall specify the requirement in this chapter from which a variance is requested and the reasons a variance is needed. The department shall approve or deny the variance within 30 days after the request is submitted.

(2) The department may not grant a waiver or variance to a federal statutory or regulatory requirement or to a state statutory requirement.

CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

If a permittee seeks approval of a variance to a requirement from this chapter that is specified in a WPDES permit, the permit must be modified to include the approved variance. Consequently, permittees should consider submitting any variance requests as part of the permit application process, so if approved, the variance can be incorporated into the permit.

Note: An animal feeding operation may participate in the Environmental Results Program (also known as the Green Tier Program) pursuant to s. 299.83, Stats. For more information on this innovative program that provides regulatory flexibility and superior environmental results, please contact the department at 608-267-3125.