15A NCAC 02c .0118       VARIANCE

(a)  The Secretary may grant a variance from any construction standard under the rules of this Section.  Any variance shall be in writing, and shall be granted upon oral or written application to the Secretary, by the person responsible for the construction of the well for which the variance is sought, if the Secretary finds facts to support the following conclusions:

(1)           that the use of the well will not endanger human health and welfare or the groundwater;

(2)           that construction in accordance with the standards was not technically feasible in such a manner as to afford a reasonable water supply at a reasonable cost.

(b)  The Secretary may require the variance applicant to submit such information as the Secretary deems necessary to make a decision to grant or deny the variance.  The Secretary may impose such conditions on a variance or the use of a well for which a variance is granted as he deems necessary to protect human health and welfare and the groundwater resources.  The findings of fact supporting any variance under this Rule shall be in writing and made part of the variance.

(c)  The Secretary shall respond in writing to a request for a variance within 30 days from the receipt of the variance request.

(d)  A variance applicant who is dissatisfied with the decision of the Secretary may commence a contested case by filing a petition under G.S. 150B‑23 within 60 days after receipt of the decision.


History Note:        Authority G.S. 87‑87; 87‑88; 150B‑23

Eff. April 20, 1978;

Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1988; September 1, 1984.