15A NCAC 02C .0241       VARIANCE

(a)  The Director may grant a variance from any construction or operation standards under the rules of this Section.  Any variance shall be in writing by the person responsible for construction of the well for which the variance is sought.  The Director shall grant the variance if the Director finds facts to support the following conclusions:

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

(2)           that construction or operation in accordance with the standards was not technically feasible or the proposed construction provides equal or better protection of the groundwater.

(b)  The Director may require the variance applicant to submit such information as the Director deems necessary to make a decision to grant or deny the variance.  The Director may impose such conditions on a variance or the use of a well for which a variance is granted as the Director 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 Director shall respond in writing to a request for a variance within 30 days from the receipt of the variance request.

(d)  For variances requested as a part of a permit application, the Director may include approval as a permit condition.

(e)  A variance applicant who is dissatisfied with the decision of the Director 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(4); 87-88; 143-215.1A; 143-215.3(a)(4); 150B-23;

Eff. May 1, 2012.