Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-13 - Variances

Current through 2024-29, July 17, 2024
Except where specifically prohibited, any applicant or
				  licensee may seek a variance to the requirements of these rules for
				  establishing, altering, operating or closing a solid waste facility or handling
				  solid waste by using the procedures described below. It is the responsibility
				  of the applicant or licensee to demonstrate that its proposal will comply with
				  the intent of State laws and these rules. The Department shall consider the
				  variance as part of its comprehensive review of an application for a new or
				  expanded facility or activity, or as a minor revision or amendment application
				  for an existing facility or activity.
NOTE
: The Department intends, through this
				  section on "Variances", to allow for flexibility and creativity in meeting the
				  requirements of these rules. Differences in waste characteristics, facility
				  size, geologic conditions, and management alternatives may be taken into
				  consideration.
A.
Variances
				Affecting Site Standards, Facility Design, and Construction.
The
				Department has determined that the requirements of these rules for solid waste
				facilities are best able to ensure that a facility will not pollute any waters
				of the State, contaminate the ambient air, constitute a hazard to health or
				welfare, or create a nuisance. Whenever a facility applicant or licensee seeks
				to vary from the requirements of these rules relating to siting standards,
				facility design, or construction, the applicant or licensee must present clear
				and convincing evidence that the facility site's proposed location, design, or
				construction is distinctive in some way that allows for compliance with State
				laws and the purpose and intent of these rules.
B.
Variances Affecting Operation.
Whenever any facility owner or operator seeks to vary any aspect of a
				facility's or an activity's operation from the operating requirements of these
				rules. The owner or operator must affirmatively demonstrate that the facility
				or activity will not contaminate any waters of the State, contaminate the
				ambient air, constitute a hazard to health and welfare, or create a nuisance,
				and that the proposed operation will comply with State law and the purpose and
				intent of these rules.
C.
Contents of Application.
Requests for a variance must include at a
				minimum:
(1)
Applicable
				Requirement
. Identification of the specific provisions of these rules
				from which a variance is sought;
(2)
Alternative Procedure or
				Design
. The alternative procedure or design proposed and the reasons
				why it meets the purpose and intent of the rule;
(3)
Reasons for Variance
. The
				reasons for which a variance is requested, including the environmental,
				financial and technological justifications; and
(4)
Other Information
. Any
				other relevant information the Department may request or the applicant may wish
				to provide.