SECTION 328.27. Variances

(a) The executive director may grant an individual variance to allow:

(1) a generator to store used oil filters in a greater aggregate volume than the volume prescribed in §328.24(b) of this title (relating to Registration and Reporting); or

(2) a person to store used oil filters for a period longer than the period prescribed for that person in §328.26 of this title (relating to Limitations on Storage).

(b) Factors to be considered in determining whether a variance should be granted include but are not limited to, the risk to human health and the environment that is posed by the requested variance. The burden of justifying the need for a variance is on the requestor, and the requestor must submit the information in writing to clearly indicate the issues involved, the reason(s) for the request, and both positive and negative impacts that may result from the granting of the variance. Prior approval of the variance must be obtained before any change is authorized. If a variance is denied, the executive director will provide an explanation of the reason(s) for the denial in a written response to the requestor.

(c) The executive director may not grant a variance under this section for a period longer than two years.

Source Note: The provisions of this §328.27 adopted to be effective December 23, 1999, 24 TexReg 11512