9VAC20-121-410. Variance to requirements

A. The director may grant a variance from any regulation contained in Part III ( 9VAC20-121-100 et seq.) through Part V ( 9VAC20-121-300 et seq.) of this chapter to an applicant if the applicant demonstrates to the satisfaction of the director that: 1. a. Strict application of the regulation to the facility will result in undue hardship that is caused by the applicant's particular situation; b. The alternate is equally protective of human health and the environment as that provided for in the regulations; or c. Technical conditions exist that make a strict application of the regulation difficult to achieve; and 2. Granting the variance will not result in an unreasonable risk to the public health or the environment. B. Effects of the decisions. 1. When the director renders a decision under this section in accordance with the procedures contained in 9VAC20-121-420 , the director may: a. Deny the application; b. Grant the variance as requested; or c. Grant a modified or partial variance. 2. When a variance is granted, the director may: a. Specify the termination date of the variance; or b. Include a schedule for: (1) Compliance, including increments of progress, by the facility with each requirement of the variance; and (2) Implementation by the facility of such control measures as the director finds necessary in order that the variance may be granted.