N.Y. Comp. Codes R. & Regs. tit. 6 § 360.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 360.10 - Variances

(a) Applicability.

(1) Unless otherwise precluded by law, the department may, upon written application, grant a variance from one or more specific provisions contained in Parts 360, 361, 362, 363, 364, 365, or 366 of this Title, under the conditions set forth in this section.

(2) Variances will not be granted for the following:

(i) any provision contained in Part 363 of this Title which would authorize a landfill to be designed, constructed, operated, closed, or monitored in a manner less stringent than as provided in 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills, as incorporated by reference in section 360.3 of this Title;

(ii) the content of any definition contained in Parts 360, 361, 362, 363, 364, or 365, of this Title;

(iii) the requirements of any exemption, or pre-determined beneficial use determination;

(iv) the requirements related to registered facilities;

(v) the requirements contained in any provision which is required by federal or state law; or

(vi) a requirement to obtain a permit or registration.

(b) Variance applications. A variance application for a permitted facility must be submitted as part of a permit application or modification of an existing permit. A variance application from the requirements of section 363-3 or section 363-9.7 for landfills that ceased accepting waste prior to November 4, 2017 does not need to be submitted as part of a permit application or modification of an existing permit. In addition, an application for a variance must:

(1) identify the specific provisions from which a variance is sought;

(2) demonstrate that compliance with the identified provision would, on the basis of site-specific conditions, impose one or more of the following: an unreasonable financial, technological, or safety burden on the person or the public; and

(3) demonstrate that the proposed variance is expected to result in equivalent environmental performance and will have no significant adverse impact on public health, safety or welfare, the environment or natural resources.

(c) In granting any variance under this section, the department may impose specific conditions, as necessary.

(d) The department may modify or revoke any variance approval based on discovery of any of the following:

(1) materially false or inaccurate statements in the variance application or supporting papers;

(2) failure by the permittee to comply with any terms or conditions of the variance approval;

(3) exceeding the scope of the project as described in the variance application;

(4) material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the granting of the variance; or

(5) noncompliance with previously approved variance conditions, orders of the commissioner, any provisions of the ECL or regulations of the department, related to the permitted activity subject of the variance.

(e) Issuance of a variance in no way limits or prohibits department-initiated modification or revocation of a facility's permit under the provisions of Part 621 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.10

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023