The Vermont Statutes Online
Conservation and Development
(a) A person who
owns or is in control of any plant, building, structure, process, or equipment
may apply to the Secretary for a variance from the rules adopted under this
chapter. The Secretary may grant a variance if he or she finds that:
(1) The variance
proposed does not endanger or tend to endanger human health or safety.
with the rules from which variance is sought would produce serious hardship
without equal or greater benefits to the public.
(3) The variance
granted does not enable the applicant to generate, transport, treat, store, or
dispose of hazardous waste in a manner which is less stringent than that
required by the provisions of Subtitle C of the Resource Conservation and
Recovery Act of 1976, and amendments thereto, codified in 42 U.S.C. Chapter 82,
subchapter 3, and regulations promulgated under such subtitle.
(b) A person who
owns or is in control of any facility may apply to the Secretary for a variance
from the requirements of subdivision 6605(j)(2) or (3) of this title if the
applicant demonstrates alternative services, including on-site management, are
available in the area served by the facility, the alternative services have
capacity to serve the needs of all persons served by the facility requesting
the variance, and the alternative services are convenient to persons served by
the facility requesting the variance.
(c) No variance
shall be granted pursuant to this section except after public notice and an
opportunity for a public meeting and until the Secretary has considered the
relative interests of the applicant, other owners of property likely to be
affected, and the general public.
(d) Any variance
or renewal thereof shall be granted within the requirements of subsection (a)
of this section and for time periods and under conditions consistent with the
reasons therefor, and within the following limitations:
(1) If the
variance is granted on the ground that there is no practicable means known or
available for the adequate prevention, abatement, or control of the air and
water pollution involved, it shall be only until the necessary practicable
means for prevention, abatement, or control become known and available, and
subject to the taking of any substitute or alternate measures that the
Secretary may prescribe.
(2) If the
variance is granted on the ground that compliance with the particular
requirement or requirements from which variance is sought will necessitate the
taking of measures which, because of their extent or cost, must be spread over
a considerable period of time, it shall be for a period not to exceed such
reasonable time as, in the view of the Secretary, is requisite for the taking
of the necessary measures. A variance granted on the ground specified herein
shall contain a time schedule for the taking of action in an expeditious manner
and shall be conditioned on adherence to the time schedule.
(3) If the
variance is granted on the ground that it is justified to relieve or prevent
hardship of a kind other than that provided for in subdivisions (1) and (2) of
this subsection, it shall be for not more than one year, except that in the
case of a variance from the siting requirements for a solid waste management
facility, the variance may be for as long as the Secretary determines
necessary, including a permanent variance.
(e) Any variance
granted pursuant to this section may be renewed on terms and conditions and for
periods, which would be appropriate on initial granting of a variance. If a
complaint is made to the Secretary on account of the variance, no renewal
thereof shall be granted, unless following public notice and an opportunity for
a public meeting on the complaint, the Secretary finds that renewal is
justified. No renewal shall be granted except on application therefore. The
application shall be made at least 60 days prior to the expiration of the
variance. Immediately upon receipt of an application for renewal, the Secretary
shall give public notice of the application.
(f) A variance
or renewal shall not be a right of the applicant or holder thereof but shall be
in the discretion of the Secretary.
(g) This section
does not limit the authority of the Secretary under section 6610 of this title
concerning imminent hazards from solid waste, nor under section 6610a of this
title concerning hazards from hazardous waste and violations of statutes,
rules, or orders relating to hazardous waste. (Added 1979, No. 197 (Adj.
Sess.), § 4, eff. May 6, 1980; amended 1983, No. 148 (Adj. Sess.), §§ 9, 10;
1987, No. 76, § 18; 1997, No. 161 (Adj. Sess.), § 10, eff. Jan. 1, 1998; 1999,
No. 148 (Adj. Sess.), § 84, eff. May 24, 2000; 2003, No. 115 (Adj. Sess.), §
63, eff. Jan. 31, 2005; 2011, No. 148 (Adj. Sess.), § 9.)