Section 700. General

Part VII. Variance Application Procedures

A. Any person affected by this chapter may apply to the department for a variance from any requirement of this chapter. Variance determinations shall be subject to the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The department shall not accept any variance application relating to:

1. Equivalent testing or analytical methods contained in EPA Publication SW-846;

2. Definition of solid waste contained in 9VAC20-81-95;

3. Criteria used for classification of solid waste disposal facilities contained in 40 CFR Parts 257 and 258, as amended;

4. A change in the regulatory requirements that the applicant is currently violating until such time as the violation has been resolved through the enforcement process; and

5. Any of the requirements of Part VIII (9VAC20-81-800 et seq.) of this chapter.

Historical Notes

Derived from Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 32, Issue 09, eff. January 27, 2016.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.