4717.7010 CRITERIA FOR DECISION; CONDITIONS.


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Subpart 1.

Criteria for granting a variance.

The commissioner may grant a variance if:

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A.

the variance was requested in a manner prescribed by part 4717.7000;


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B.

the variance will have no potential adverse effect on public health, safety, or the environment;


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C.

the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rule;


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D.

strict compliance with the rule will impose an undue burden on the applicant; and


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E.

the variance does not vary a statutory standard.



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Subp. 2.

Conditions for variance.

In granting a variance the commissioner may attach conditions the commissioner determines are needed to protect public health, safety, or the environment.


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Subp. 3.

Future effect.

A variance shall have only future effect.