§ 8-4-313 - Variance from regulations. - Arkansas Statutes

8-4-313. Variance from regulations.

(a) (1) The Arkansas Pollution Control and Ecology Commission may grant specific variances from the particular requirements of any rule, regulation, or general order to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with the rule, regulation, or general order is inappropriate because of conditions beyond the control of the person granted the variance or because of special circumstances that would render strict compliance unreasonable, unduly burdensome, or impractical due to special physical conditions or causes or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation or because no alternative facility or method of handling is yet available.

(2) Variances may be limited in time.

(3) In determining whether or not a variance shall be granted, the commission shall weigh the equities involved and the relative advantages and disadvantages to the residents and the occupation and activity affected.

(b) (1) Any person seeking a variance shall do so by filing a petition for a variance with the Director of the Arkansas Department of Environmental Quality.

(2) (A) The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof.

(B) (i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner.

(ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.

(c) (1) A variance granted may be revoked or modified by the commission after a public hearing held upon not less than ten (10) days' prior notice.

(2) The notice shall be served upon all persons known to the commission that will be subjected to greater restrictions if the variance is revoked or modified, that are likely to be affected, or that have filed with the commission a written request for such notification.