CRITERIA FOR DECISION; CONDITIONS

Subpart 1. Criteria for granting a variance. The commissioner may grant a variance if: A. the variance was requested in a manner prescribed by part 4717.7000 ; B. the variance will have no potential adverse effect on public health, safety, or the environment; C. the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rule; D. strict compliance with the rule will impose an undue burden on the applicant; and E. the variance does not vary a statutory standard. Subp. 2. Conditions for variance. In granting a variance the commissioner may attach conditions the commissioner determines are needed to protect public health, safety, or the environment. Subp. 3. Future effect. A variance shall have only future effect.