Minnesota Administrative Rules

6130.5800 VARIANCES (SEE PART 6130.4900).

Subpart 1.

Granting of a variance.

The commissioner shall grant a variance from the requirements of these parts upon application by a permit applicant or permittee, if it is determined that:

A.

a variance is consistent with the general welfare and general purposes of these parts;

B.

by reason of exceptional circumstances, the strict enforcement of the reclamation requirements would cause undue hardship or strict conformity with the requirements of these rules would be unreasonable or not feasible; and

C.

acceptable alternative means of accomplishing the goals, pursuant to parts 6130.1000 to 6130.4100, have been provided by the permit applicant or permittee.

Subp. 2.

Conditional granting.

The commissioner shall grant a variance upon such conditions as shall be necessary for the prevention, control, or correction of adverse environmental effects, consistent with the requirements of these parts and Minnesota Statutes.

Statutory Authority:

MS s 93.47

Published Electronically:

June 11, 2008