§342L-6  Variances; procedures for. (a)  Every application for a variance shall be made on forms furnished by thedepartment and shall be accompanied by a complete and detailed description ofpresent 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 bereviewed in light of the descriptions, statements, plans, histories, and othersupporting information submitted with the application, such additionalinformation as may be submitted upon the request of the department, and theeffect or probable effect upon the standards established pursuant to thischapter.

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

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

(2)  The installation or operation of an undergroundstorage tank or tank system occurring or proposed to occur does not imminentlyand substantially endanger human health or the environment or the public’ssafety; and

(3)  Compliance with the rules or standards from whichvariance is sought would produce serious financial hardship to the owner andoperator.

(d)  Any variance or renewal thereof shall begranted within the requirements of this section and for time periods andconditions consistent with the reasons thereof, and within the followinglimitations:

(1)  If the variance is granted on the ground thatthere is no practicable means known or available for the adequate storage ofthe regulated substance involved, it shall be only until the necessary meansfor storage becomes practicable and subject to the taking of any substitute oralternate measures that the department may prescribe.  No renewal of a variancegranted under this subsection shall be allowed without a thorough review ofknown and available means of storing the regulated substance involved.

(2)  The director may issue a variance for a periodnot exceeding five years.

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

(e)  Any variance granted pursuant to thissection 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 specifiedin the immediately preceding variance; and provided further that the renewal,and the variance issued in pursuance thereof, shall provide for deviation fromfull compliance with applicable standards not greater than that attainedpursuant to the terms of the immediately preceding variance at its expiration. No renewal shall be granted except on application therefor.  Any suchapplication shall be made at least one hundred eighty days prior to theexpiration of the variance.  The director shall act on an application forrenewal within one hundred eighty days of the receipt of such application.

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

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

(h)  Any application for a variance, submittedpursuant to this chapter, shall be subject to the public participationrequirements listed below.

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

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

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

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

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

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

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

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

(C)  Brief description of all applicantactivities or operations that result in the activity described in the varianceapplication (e.g., rock crushing plant, municipal waste treatment plant, rawsugar factory, or pineapple cannery);

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

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

(F)  Address and telephone number of the stateagency or other location at which interested persons may obtain furtherinformation and inspect a copy of the variance applications and supporting andrelated documents; and

(4)  The director may hold a public hearing if, afterreviewing the comments submitted under paragraph (2), the director determinesthat a public hearing is warranted.  Any hearing brought pursuant to thissubsection shall be held in the geographical area of the proposed activity, orother appropriate area, at the discretion of the director. [L 1989, c 212, ptof §6; am L 1992, c 259, §§7, 8; am L 1998, c 2, §92]