<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 26.04.10.07" title_num="26" subtitle_num="04" chapter_num="10" heading="Variances.">
  <paragraph num="A.">
    <text>A person may apply to the Department for a variance from one or more of the provisions of this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department may grant a variance if the basis for the variance application is demonstrated to the satisfaction of the Department to:</text>
    <paragraph num="(1)">
      <text>Provide equal or greater protection to prevent a release or discharge of coal combustion byproducts to the environment as would be provided by compliance with the regulation for which a variance is requested;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Conserve and protect the public health, the natural resources, and the environment of the State; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Control pollution to at least the same extent as would be obtained by compliance with the regulation for which a variance is requested.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A person applying for a variance shall supply the information required by the Department, including:</text>
    <paragraph num="(1)">
      <text>The nature and location of the site or sites at which the coal combustion byproducts will be generated, stored, handled, processed, recycled, disposed of, or used;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reasons why the applicant requires the variance, including the technological and environmental justification; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Other relevant information the Department may require in order to make a determination regarding the application for a variance.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>When practicable, within 60 days of receipt of a complete application for a variance request as determined by the Department, the Department shall make a determination to either grant or deny the variance. If the request for a variance is denied, the Department shall inform the applicant in writing of the basis of the denial.</text>
  </paragraph>
</regulation>