§342L-6  Variances; procedures for. 
(a)  Every application for a variance shall be made on forms furnished by the
department and shall be accompanied by a complete and detailed description of
present conditions, how present conditions do not fully conform to standards,
and such other information as the department may by rule prescribe.



(b)  Each application for a variance shall be
reviewed in light of the descriptions, statements, plans, histories, and other
supporting information submitted with the application, such additional
information as may be submitted upon the request of the department, and the
effect or probable effect upon the standards established pursuant to this
chapter.



(c)  Whenever an application is approved, the
department shall issue a variance authorizing the installation or operation of
an underground storage tank or tank system in a manner deviating from full
compliance with applicable standards.  No variance shall be granted by the
department unless the application and the supporting information clearly show
that:



(1)  The installation or operation of an underground
storage tank or tank system occurring or proposed to occur by the granting of
the variance does not present a greater danger to human health or the
environment than the installation or operation of what would have been allowed
by the federal rules established under Subtitle I of the federal Resource
Conservation and Recovery Act, as added by the federal Hazardous and Solid
Waste Amendments of 1984, 42 U.S.C. §§6991-6991i;



(2)  The installation or operation of an underground
storage tank or tank system occurring or proposed to occur does not imminently
and substantially endanger human health or the environment or the public’s
safety; and



(3)  Compliance with the rules or standards from which
variance is sought would produce serious financial hardship to the owner and
operator.



(d)  Any variance or renewal thereof shall be
granted within the requirements of this section and for time periods and
conditions consistent with the reasons thereof, 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 storage of
the regulated substance involved, it shall be only until the necessary means
for storage becomes practicable and subject to the taking of any substitute or
alternate measures that the department may prescribe.  No renewal of a variance
granted under this subsection shall be allowed without a thorough review of
known and available means of storing the regulated substance involved.



(2)  The director may issue a variance for a period
not exceeding five years.



(3)  Every variance granted under this section shall
include conditions requiring the owner and operator to monitor for releases and
report the results to the department.



(e)  Any variance granted pursuant to this
section may be renewed from time to time on previous terms and conditions,
subject to modifications, and for periods not exceeding five years at a time;
provided that the applicant for renewal has met all of the conditions specified
in the immediately preceding variance; and provided further that the renewal,
and the variance issued in pursuance thereof, shall provide for deviation from
full compliance with applicable standards not greater than that attained
pursuant to the terms of the immediately preceding variance at its expiration. 
No renewal shall be granted except on application therefor.  Any such
application shall be made at least one hundred eighty days prior to the
expiration of the variance.  The director shall act on an application for
renewal within one hundred eighty days of the receipt of such application.



(f)  The director may afford a hearing in
accordance with chapter 91 in relation to an application for the issuance,
renewal, or modification of a variance.



(g)  No variance granted pursuant to this
chapter shall be construed to prevent or limit the application of any emergency
provisions and procedures provided by law, including revocation of the variance.



(h)  Any application for a variance, submitted
pursuant to this chapter, shall be subject to the public participation
requirements listed below.



(1)  Public notices of every completed application for
a variance shall be given in a manner designed to inform interested and
potentially interested persons of the proposed activity.  Procedures for giving
public notice shall include at least the following:



(A)  Notice shall be given within the geographical areas
of the proposed activity;



(B)  Notice shall be mailed to any person or group upon
request; and



(C)  The director shall add the name of any person or
group upon request to a mailing list to receive copies of notices for all
variance applications within the State or within a certain geographical area;



(2)  The director shall provide a period of not less
than thirty days following the date of the public notice during which time
interested persons or groups may submit their written comments with respect to
the variance application and the tentative determinations of the department, if
any.  The period for comment may be extended at the discretion of the director;



(3)  The contents of public notice of applications for
variances shall include at least the following:



(A)  Name, address, and telephone number of the
agency issuing the public notice;



(B)  Name and address of each applicant and
other involved parties including the landowner, facility owner, underground
storage tank or tank system owner, facility operator, and underground storage
tank or tank system operator;



(C)  Brief description of all applicant
activities or operations that result in the activity described in the variance
application (e.g., rock crushing plant, municipal waste treatment plant, raw
sugar factory, or pineapple cannery);



(D)  A short description of the location of
each underground storage tank or tank system;



(E)  A brief description of the procedures for
the formulation of final determinations, including the thirty-day comment
period required by paragraph (2) and any other means by which interested
persons may influence or comment upon those determinations; and



(F)  Address and telephone number of the state
agency or other location at which interested persons may obtain further
information and inspect a copy of the variance applications and supporting and
related documents; and



(4)  The director may hold a public hearing if, after
reviewing the comments submitted under paragraph (2), the director determines
that a public hearing is warranted.  Any hearing brought pursuant to this
subsection shall be held in the geographical area of the proposed activity, or
other appropriate area, at the discretion of the director. [L 1989, c 212, pt
of §6; am L 1992, c 259, §§7, 8; am L 1998, c 2, §92]