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Title

10

:
Conservation and Development






Chapter

159

:
WASTE MANAGEMENT






Subchapter

001
:
GENERAL PROVISIONS










 

§

6613. Variances

(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.

(2) Compliance

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.)