[§342P-5.5]  Variances.  (a) 
Every application for a variance shall be made on a form furnished by the
department and shall be accompanied by a complete and detailed description of
present conditions, how present conditions do not conform to applicable standards,
and any other information that the department may require by rule.



(b)  Each application for a variance shall be
reviewed by the department.  Additional information may be requested by the
department for review.



(c)  Whenever an application for a variance is
approved, the department shall issue a variance authorizing the deviation from
established asbestos or lead-based paint hazards standards.  No variance shall
be granted by the department unless the application and the supporting
information clearly show that:



(1)  The continuation of the function or operation
involved in the deviation from asbestos or lead standards occurring or proposed
to occur by the granting of the variance is in the public interest;



(2)  The authorized variance occurring or proposed to
occur does not substantially endanger human health or safety; and



(3)  Compliance with the applicable standards or rules
from which a variance is sought would produce serious hardship without equal or
greater benefits to the public.



(d)  Any variance or renewal of a variance
shall be granted within the requirements of this section, and for time periods
consistent with the reasons given 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,
control, or abatement of the asbestos or lead involved, it shall be only until
the necessary means for prevention, control, or abatement becomes practicable. 
The variance shall be granted 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 preventing, controlling, or abating the asbestos
or lead hazards involved;



(2)  The director may issue a variance for a period
not exceeding six months; and



(3)  Every variance granted under this section shall
include conditions requiring the grantee to perform air or dust sampling and
report the results of the sampling to the department.



(e)  Any variance granted pursuant to this
section may be renewed for periods not exceeding six months on terms and
conditions which would be appropriate on initial granting of a variance;
provided that the applicant for renewal has met all of the conditions specified
in the immediately preceding variance.  No renewal shall be granted without an
application.  Any renewal application shall be made at least sixty days prior
to the expiration of the variance.  The director shall act on an application
for renewal within sixty days of the receipt of the application.



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



(g)  No variance shall be construed to prevent
or limit the application of any emergency provision or procedure provided by
law.



(h)  Any application for a variance may be
subject to public participation.  The contents of the public notice for a variance
application shall include at least:



(1)  The name, address, and phone number of the agency
issuing the public notice;



(2)  The name and address of the applicant;



(3)  A brief description of the applicant’s activities
or operations which result in asbestos or lead hazards, or other activity
described in the variance application;



(4)  A short description of the location of each
asbestos or lead-based paint hazard indicating whether the hazard is new or
existing;



(5)  A brief description of the public participation
procedures, including the comment period, which shall be for a period of not
less than thirty days following the date of the public notice, and other means
by which interested persons may comment on the variance application and the
department’s proposed action; and



(6)  The address and phone number of the state agency
at which interested persons may obtain further information and may inspect a
copy of the variance application and supporting and related documents. [L 1998,
c 242, pt of §1 and c 311, pt of §18]