(1) |
Terms Used In Utah Code 19-6-111- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
(a) |
If the board determines that the application of, or compliance with, any requirements of this part would cause undue or unreasonable hardship to any person, it may issue a variance from any of those requirements. |
(b) |
No variance may be granted except upon application for it. |
(c) |
Immediately upon receipt of an application for a variance, the board shall give public notice of the application and provide an opportunity for a public hearing. |
(d) |
A variance granted for more than one year shall contain a timetable for coming into compliance with this part and shall be conditioned on adherence to that timetable. |
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(2) |
(a) |
Any variance granted under this section may be renewed on terms and conditions and for periods which would be appropriate for the initial granting of a variance. |
(b) |
No renewal may be granted except on application for it. |
(c) |
Immediately upon receipt of an application for renewal, the board shall give public notice of the application and provide an opportunity for a public hearing. |
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(3) |
(a) |
The board may review any variance during the term for which it was granted. |
(b) |
The procedure for review is the same as that for an original application and the variance previously granted may be revoked upon a finding that the conditions and the terms upon which the variance was granted are not being met. |
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(4) |
(a) |
Any variance or renewal exists at the discretion of the board and is not a right of the applicant or holder. |
(b) |
However, any person adversely affected by the granting, denying, or revoking of any variance or renewal by the board may obtain judicial review of the board’s decision by filing a petition in district court within 30 days from the date of notification of the decision. |
(c) |
The decision of the board may not be overturned upon review unless the court finds that the actions of the board were arbitrary or capricious. |
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Renumbered and Amended by Chapter 112, 1991 General Session