Iowa Code 455H.205 – Variances
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1. A participant may apply to the department for a variance from any applicable provision of this chapter.
Terms Used In Iowa Code 455H.205
- Affected area: means any real property affected, suspected of being affected, or modeled to be likely affected by a release occurring at an enrolled site. See Iowa Code 455H.103
- Department: means the department of natural resources created under section 455A. See Iowa Code 455H.103
- Enrolled site: means any property which has been or is suspected to be the site of or affected by a release and which has been enrolled pursuant to this chapter by a participant. See Iowa Code 455H.103
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Participant: means any person who enrolls property pursuant to this chapter. See Iowa Code 455H.103
2. The department may issue a variance from applicable standards only if the participant demonstrates all of the following:
a. The participant demonstrates either of the following:
(1) It is technically infeasible to comply with the applicable standards.
(2) The cost of complying with the applicable standards exceeds the benefits.
b. The proposed alternative standard or set of standards in the terms and conditions set forth in the application will result in an improvement of environmental conditions in the affected area and ensure that the public health and safety will be protected.
c. The establishment of and compliance with the alternative standard or set of standards in the terms and conditions is necessary to promote, protect, preserve, or enhance employment opportunities or the reuse of the enrolled site.
3. If requested by a participant, the department may issue a variance from any other provision of this chapter if the department determines that the variance would be consistent with the declaration of policy of this chapter and is reasonable under the circumstances.