Section R18-9-B907. Individual Permit Variances

A.      The Director may grant or deny a request for any of the fol- lowing variances:

1.        An extension under section 301(i) of the Clean Water Act (33 U.S.C. 1311) based on a delay in completion of a POTW;

2.        After consultation with EPA, an extension under section 301(k) of the Clean Water Act (33 U.S.C. 1311) based on the use of innovative technology;

3.        A variance under section 316(a) of the Clean Water Act (33 U.S.C. 1326) for thermal pollution, or

4.        A variance under R18-11-122 for a water quality stan- dard.

B.       The Director may deny, forward to EPA with a written concur- rence, or submit to EPA without recommendation a completed request for:

1.        A variance based on the economic capability of the appli- cant under section 301(c) of the Clean Water Act (33

U.S.C. 1311); or

2.        A variance based on water quality related effluent limita- tions under 302(b)(2) (33 U.S.C. 1312) of the Clean Water Act.

C.      The Director may deny or forward to EPA with a written con- currence a completed request for:

1.        A variance based on the presence of fundamentally dif- ferent factors from those on which an effluent limitations guideline is based; and

2.        A variance based upon water quality factors under section 301(g) of the Clean Water Act (33 U.S.C. 1311).

D.      If the Department approves a variance under subsection (A) or if EPA approves a variance under subsection (B) or (C), the Director shall prepare a draft permit incorporating the vari- ance. Any public notice of a draft permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing the decision.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).