CSR 45-6-8. Variances

§45-6-8. Variances. 8.1. If it can be demonstrated to the Secretary that the disposal of certain materials by any method other than burning leads to ground water contamination, then the person responsible for the disposal of such materials shall submit to the Secretary within sixty (60) days of such demonstration a program and preconstruction permit application under 45CSR13 leading to the construction of a suitable incinerator. If such program and permit is approved by the Secretary, the person shall not be in violation as long as such incineration is in accordance with the approved program and permit issued by the Secretary. 8.2. Due to an unavoidable malfunction of equipment, emissions exceeding any limitation in this rule may be permitted by the Secretary for periods not to exceed five (5) days upon specific application to the Secretary. Such application shall be made within twenty-four (24) hours of the malfunction. In cases of major equipment failure, additional time periods may be granted by the Secretary provided a corrective program has been submitted by the owner or operator and approved by the Secretary.