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 variance is consistent with the general welfare and general purposes of these parts;
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
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.
MS s 93.47
June 11, 2008