Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 241 - SUBSURFACE WASTEWATER DISPOSAL RULE › Section 144-241-14 - VARIANCES

Current through 2024-29, July 17, 2024
A.
FIRST-TIME SYSTEM VARIANCE
				REQUESTS
1. Requests for variance:
				Applicants requesting a first-time system variance must submit a completed
				application to the LPI first, in accordance with this subsection. The LPI will
				review and, upon approval, will sign the variance request.
2. Department review: The applicant or the
				LPI will submit the completed application to the Department. The completed
				application must be on a form prescribed by the Department, signed by the LPI
				and site evaluator, and include full payment of the appropriate application
				fee. The Department will automatically deny first-time system variances for
				depth to limiting factor less than nine (9) inches.
3. Modifications: When there are practical
				difficulties involved in carrying out the provisions of this rule, the
				Department may vary or modify such provisions, upon a variance request by the
				applicant. The Department has the discretion to grant variances for any
				provision in this rule, provided that the intent of this rule is observed,
				there is no clear prohibition to the requested variance in this rule (Section
				2(D)) and the
				variance adequately protects public health, safety, and welfare. The variance
				request for modifications and the final decision the Department must be in
				writing and officially recorded with the variance application in the permanent
				records of the jurisdiction.
4.
				Contents of applications: An application for a first-time system variance must
				include the following:
a. Completed
				application for a disposal system permit: A completed application for a permit
				to install a system or part of a system consists of complete plans and
				specifications for the proposed system, and other pertinent information, as
				required, on the HHE-200 and HHE-204 forms;
b. Requirements that cannot be met: The
				application must indicate the section(s) and/or provision(s) of the rule for
				which a variance is being requested;
c. Basis for variance request: The reason(s)
				why the condition(s) set forth in the rule cannot be met, as well as
				justification for the variance request. Justification must include an
				explanation for why the variance will not impact wastewater treatment,
				including how additional measures may be used to offset reductions to
				conditions required by the rule;
d.
				No conflict with local ordinances: For variances that fall under this Section,
				the applicant must provide statement(s) that the completed application has been
				reviewed and signed by the LPI and site evaluator(s) on the HHE-204 form,
				indicating that the application is complete and does not conflict with local
				ordinances;
e. Additional
				engineering or measures: If pretreatment or additional measures are being
				proposed, the application must show how the proposed system and measures meet
				applicable sections of this rule, including the pretreatment requirements found
				in Section
				5(H)(5);
				and
f. Requests for variances to any
				requirements within this rule may be submitted to the Department. Such a
				variance request includes but is not limited to any applicable footnote
				pertaining to any tables within this rule.
g. Site location map sufficient to locate the
				property.
h. Owner's signature
				affixed to the application, to demonstrate owner's acknowledgment that this
				variance request is a result of the current design failing to comply with this
				rule.
i. Other information: The
				Department may request additional information from the applicant for a
				first-time system variance request. If the applicant fails to provide
				additional information requested by the Department within 60 days of the
				request or another reasonable period specified by the Department, then the
				Department will then deny the variance request, due to an incomplete
				application.