Variance Procedure

(1) Application. An Owner/User or an Engineer in Charge may apply to the Board for a variance from 522 CMR. In order for the Board to approve a variance, the applicant shall demonstrate that such approval would not compromise public safety or otherwise undermine the purpose of 522 CMR. Application for a variance shall be made on a form approved by the Board for this purpose with supporting documentation and shall be signed by the applicant. (2) Upon receipt of an application for variance, the Board shall review the application with supporting documentation. The Board may either: (a) Grant the variance as requested or with conditions that the Board deems appropriate; (b) Deny the variance request; (c) Request additional information/clarification from the applicant; or (d) Commence an adjudicatory hearing to further review the variance request. Hearings will be held in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.02: Informal/Fair Hearing Rules. (3) Appeals. Any person aggrieved by the Board’s decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.