R 299.4108 Variances for type III landfills.

Rule 108. (1) A request for a variance for a type III landfill that is a new disposal area shall be in writing, shall accompany the application for a construction permit, and shall include justification for the variance. (2) A request for a variance for a type III landfill that is an existing disposal area shall be in writing, shall accompany the application for an operating license, and shall include the justification for the variance. (3) The notice that is published under the act shall include a listing and description of the variances requested by the applicant. (4) Variances to the following rules that are applicable to type III landfills shall be granted in writing by the solid waste control agency upon a demonstration by the applicant that the requirement in the rules is not feasible and prudent and that either the substitute requirement will provide an equivalent degree of protection for the public health and environment or that the public health, welfare, and environment will not be additionally impaired: (a) R 299.4304(4), time required to reach final grades. (b) R 299.4304(5), final cover slope. (c) R 299.4305(2)(b), horizontal isolation. (d) R 299.4306(1) for an alternative boundary of compliance in place of the solid waste boundary if the criteria for classification of solid waste disposal facilities and practices, 40 C.F.R. part 257.3-4, are met. The provisions of 40 C.F.R. part 257.3-4 are adopted by reference in R 299.4134. (e) R 299.4315(3), access. (f) R 299.4315(4), waste placement supervision. (g) R 299.4315(5), control of dust and blowing paper. (h) R 299.4316(1), daily and interim cover. (i) R 299.4316(2), intermediate cover. (j) R 299.4317(1), closure time period. (k) The specifications of R 299.4306, R 299.4307, or R 299.4310(1) and (2) under exceptional circumstances considering only the following factors: (i) Unique hydrogeological situations. (ii) The unusual nature of a specific waste with limited potential for environmental damage. (iii) An opportunity to utilize a waste for a useful purpose. (iv) The volume of waste to be disposed of. (v) A demonstration by the applicant that granting the waiver will not result in impairment of the current uses of affected natural resources and that use of the selected disposal area is as reasonable and prudent as the utilization of an alternative disposal area. (vi) Public comments on the proposed variance. Before granting a variance under this rule, the director shall do all of the following: (A) Consult with the certified health department. (B) Discuss the requested variance at the public hearing if a hearing is held under section 11510 of the act. (C) Notify adjacent property owners of the proposed variance.