OAR 340-071-0430: Variance Hearings and Decisions

(1) A variance officer must hold a public information hearing on each variance application for a for cause or hardship variance within 30 days after receiving a completed application. (2) The hearing must be held in the county where the property described in the application is located. (3) The applicant must demonstrate the variance is warranted. (4) The variance officer must visit the site of the proposed system before conducting the hearing. (5) The variance officer or, for hardship variances, the commission, must grant or deny the variance within 45 days after the hearing is completed. A decision to grant a variance must include the location of the onsite system and the specifications and conditions of the variance. The system owner must comply with the conditions of the variance approval, including but not limited to ongoing sampling or reporting requirements, as deemed necessary by the variance officer or, for hardship variances, the commission, to ensure the intended performance of the system, until the system is decommissioned. Any costs associated with the conditions of approval is the sole responsibility of the system owner. (6) Except for hardship variances under OAR 340-071-0420, variances run with the land.