§ 23-19.1-11. Permits — Variances.
(a) Where the application for or compliance with any permit required under this chapter would, in the judgment of the director, and upon presentation by the applicant of adequate proof, cause undue or unreasonable hardship to any person, and that a variance would not be contrary to the public health and safety, or to the environment, the director may issue a variance from the requirements of § 23-19.1-10. The issuance or denial of a variance shall be preceded by public notice and notice to the applicant and to property owners of record within five hundred feet (500′) of the perimeter of the site of the facility and hearing. In no case shall the duration of the variance exceed one year. Renewals or extensions may be given only after opportunity for public comment on the renewal or extension.
(b) The director may require the filing of a bond as a condition for the issuance of a variance in an amount determined by the director to be sufficient to insure compliance with the terms and conditions of variance. The director may require that the bond shall remain in effect until the terms and conditions of the variance are met and the provisions of this chapter and rules and regulations promulgated under this chapter are complied with.
(c) Upon failure to comply with the terms and conditions of any bond or of any variance as specified by the director, the variance may be revoked or modified or the bond may be revoked or both, by the director after a hearing held upon not less than thirty (30) days written notice. The notice shall be served upon all persons who will be subjected to greater restrictions if the variance is revoked or modified or who have filed with the director a written request for notification.
History of Section.P.L. 1978, ch. 229, § 1; G.L. 1956, § 23-46.2-11; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-19.1-11.
Structure Rhode Island General Laws
Chapter 23-19.1 - Hazardous Waste Management
Section 23-19.1-1. - Short title.
Section 23-19.1-2. - Legislative findings.
Section 23-19.1-3. - Declaration of purpose.
Section 23-19.1-4. - Definitions.
Section 23-19.1-5. - Applicability of chapter.
Section 23-19.1-6. - Powers and duties of the director.
Section 23-19.1-7. - Manifest required.
Section 23-19.1-8. - Records — Reports — Monitoring.
Section 23-19.1-9. - Generation of wastes.
Section 23-19.1-10. - Permits — Issuance — Renewal — Revocation — Exempted activities.
Section 23-19.1-10.1. - Criteria for permits.
Section 23-19.1-10.2. - Criteria for licenses.
Section 23-19.1-10.3. - Emergency and temporary permits.
Section 23-19.1-11. - Permits — Variances.
Section 23-19.1-11.1. - Ground water resources.
Section 23-19.1-12. - Inspections — Penalty for hindering entry.
Section 23-19.1-13. - Employment of experts and consultants to investigate permit applications.
Section 23-19.1-14. - Permit fees — Expenses of investigation and hearing.
Section 23-19.1-15. - Proceedings for enforcement.
Section 23-19.1-16. - Emergency powers.
Section 23-19.1-17. - Civil penalty for violations.
Section 23-19.1-17.1. - Seizure and forfeiture of property used to violate chapter.
Section 23-19.1-17.2. - Sampling and disposition of hazardous waste.
Section 23-19.1-18. - Criminal penalties — Payment of restoration costs.
Section 23-19.1-18.1. - Determination of restoration costs — Judgment — Other relief not precluded.
Section 23-19.1-18.2. - Limitation of prosecutions.
Section 23-19.1-18.3. - Prohibiting business due to conviction of certain acts.
Section 23-19.1-19. - Interstate cooperation.
Section 23-19.1-20. - Liberal construction — Severability.
Section 23-19.1-21. - Applicability of chapter — No effect on public utilities and carriers.
Section 23-19.1-22. - Liability for unauthorized transportation, storage, or disposal.
Section 23-19.1-23. - Environmental response fund.
Section 23-19.1-24. - Administration of the fund.
Section 23-19.1-25. - Bonds authorized — Maturity — Certification and execution.
Section 23-19.1-26. - Depositing bond proceeds in environmental response fund.
Section 23-19.1-27. - Temporary notes.
Section 23-19.1-28. - Advances from general fund in anticipation of the issue of notes or bonds.
Section 23-19.1-29. - Bonds and notes tax exempt general obligation of state.
Section 23-19.1-31. - Investment of receipts pending expenditures.
Section 23-19.1-32. - Amortization.
Section 23-19.1-33. - Notice of hazardous waste disposal violation.
Section 23-19.1-34. - Hazardous waste haulers — Drivers license and certificate required.
Section 23-19.1-35. - Denial or revocation of hazardous waste material driver’s certificate.
Section 23-19.1-36. - Suspension of transporters permit upon violation of § 23-19.1-33.