OAR 340-049-0075: Variances

The Director may grant variances from requirements in this Division for wastewater system owners if the Department determines that strict compliance with the rules would be highly burdensome or impractical due to special conditions or causes, and that the public or private interest in the granting of the variance clearly outweighs the interest in the application of uniform rules. (1) A wastewater system owner must request a variance in writing and must demonstrate that the requirements for a variance are satisfied; (2) The Department will evaluate and process the variance request as a permit action in accordance with OAR 340-045-0027(1)(a); (3) The Director will notify the wastewater system owner of the decision to grant or deny a variance in accordance with applicable permit issuance procedures, set forth in OAR 340-045-0005, et seq.; (4) If the Director denies the variance, the system owner may request a contested case hearing before the Commission or its authorized representative. Such a request for hearing must be made in writing to the Director within 20 days of the date of mailing of the notification of the variance decision. Any hearing held will be conducted pursuant to the regulations of the Department.