R315-260-19. Variances Authorized

  (a) Variances shall be granted by the Board only to the extent allowed under State and Federal law.

  (b) The Board may consider a variance request in accordance with the standard established in section 19-6-111.

  (c) The Board may, at its own instance, review any variance granted during the term for which a variance was granted.

  (d) A person applying for a variance shall submit the application, in writing, to the Director. The application shall provide the following:

  (1) Citation of the statutory, regulatory, or permit requirement from which the variance is sought;

  (2) For variances for which the Board promulgates or has promulgated specific rules, information meeting the requirements of those rules;

  (3) Information demonstrating that application of or compliance with the requirement would cause undue or unreasonable hardship on the person applying for the variance;

  (4) Proposed alternative requirements, if any;

  (5) Information demonstrating that the variance will achieve the purpose and intent of the statutory, regulatory, or permit provision from which the variance is sought;

  (6) Information demonstrating that any alternative requirement or requirements will adequately protect human health and the environment; and

  (7) If no alternative requirement is proposed, information demonstrating that if the variance is granted, human health and the environment will be adequately protected.

  (e) A person applying for a variance shall provide such additional information as the Board or the Director requires.

  (f) Nothing in Subsection R315-260-19(d) or (e) limits the authority of the Board to grant variances in accordance with the standard established in Section 19-6-111. A person applying for a variance under Section R315-263-32 shall provide such information described in Subsection R315-260-19(d) as the Director determines.