(a) The engineering report must include all requested
variances from the requirements of this chapter.
(b) The engineering report must include a technical
justification for each variance requested. The executive director
may determine what level of justification is acceptable.
(c) If the executive director determines that a variance
may potentially endanger public health or the environment, the executive
director may deny the variance or require that compensatory measures
be taken to prevent a nuisance or the potential endangerment of public
health or the environment.
(d) The executive director shall not grant or approve
a variance that would violate any expressed prohibition in this chapter.
(e) A variance request that has been signed, dated,
and sealed by an engineer; and certified by the engineer that the
requested variance does not potentially endanger public health or
the environment in the summary transmittal letter required by §217.6
of this title (relating to Submittal Requirements and Review Process)
is automatically approved 30 business days after receipt by the executive
director unless:
(1) the executive director requests additional information
in writing;
(2) the variance request conflicts with any prohibition
listed in this chapter; or
(3) the variance request conflicts with a provision
in this chapter that specifically requires approval from the executive
director to be in writing.
|