Section 3570. Variances

A. The commissioner or his designee may grant a variance to this chapter by following the appropriate procedures set forth in this section.

B. The commissioner may grant a variance if he finds that the hardship imposed, which may be economic, outweighs the benefits that may be received by the public and that granting such a variance does not subject the public to unreasonable health risks or environmental pollution.

C. Any owner or permit holder who seeks a variance shall apply in writing within the time period specified in 12VAC5-421-4000. The request should be sent to the local health department. The application shall include:

1. A citation to the regulation from which a variance is requested;

2. The nature and duration of the variance requested;

3. Any relevant analytical results including result of relevant tests conducted pursuant to the requirements of these regulations;

4. Statements or evidence which establishes that the public health, welfare and environment would not be adversely affected if the variance were granted;

5. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;

6. A HACCP plan if required as specified under 12VAC5-421-3620 A that includes the information specified under 12VAC5-421-3630 as it is relevant to the variance requested.

7. Other information believed pertinent by the applicant; and

8. Such other information as the district or local health department or commissioner may require.

Historical Notes

Derived from Volume 18, Issue 10, eff. March 1, 2002.

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.