N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 72-1.6 - Variances and waivers

(a) Variance. In order to allow time to comply with certain provisions of this Subpart, an operator may submit a written request to the PIO for a variance from a specific provision(s) when the health and safety of the public will not be prejudiced by the variance, and where there are substantial practical difficulties or substantial fiscal hardships in immediate compliance with the provision(s). An operator must meet all terms of an approved variance including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the PIO specifies.

(b) Waivers. In order to obtain a waiver allowing alternative arrangements that do not meet the provisions of this Subpart but do protect the health and safety of the public, an operator may submit a written request to the PIO for a waiver from a specific provision(s) of this Subpart. Such requests must demonstrate that the alternate arrangements provide adequate protection of the health and safety of the public. The PIO shall obtain and be guided by the recommendation of the department prior to granting or denying a waiver. An operator must meet all terms of an approved waiver. A waiver will remain in effect indefinitely unless revoked by the PIO or the facility changes operators.