§ 23-19.1-11 - Permits – Variances.
SECTION 23-19.1-11
§ 23-19.1-11 Permits – Variances.– (a) Where the application for or compliance with any permit required under thischapter would, in the judgment of the director, and upon presentation by theapplicant of adequate proof, cause undue or unreasonable hardship to anyperson, and that a variance would not be contrary to the public health andsafety, or to the environment, the director may issue a variance from therequirements of § 23-19.1-10. The issuance or denial of a variance shallbe preceded by public notice and notice to the applicant and to property ownersof record within five hundred feet (500') of the perimeter of the site of thefacility and hearing. In no case shall the duration of the variance exceed oneyear. Renewals or extensions may be given only after opportunity for publiccomment on the renewal or extension.
(b) The director may require the filing of a bond as acondition for the issuance of a variance in an amount determined by thedirector to be sufficient to insure compliance with the terms and conditions ofvariance. The director may require that the bond shall remain in effect untilthe terms and conditions of the variance are met and the provisions of thischapter and rules and regulations promulgated under this chapter are compliedwith.
(c) Upon failure to comply with the terms and conditions ofany bond or of any variance as specified by the director, the variance may berevoked or modified or the bond may be revoked or both, by the director after ahearing held upon not less than thirty (30) days written notice. The noticeshall be served upon all persons who will be subjected to greater restrictionsif the variance is revoked or modified or who have filed with the director awritten request for notification.