Within ninety days after receipt of a written request for a variance from a solid waste facility owner, operator or management agency, the department may grant a variance from solid waste management rules and standards if the department concludes that no violation of health standards will occur. The department may consider whether an environmental nuisance will result. If the request is denied, the department shall prepare and make available to the management agency or facility owner or operator a written decision including relevant data and a technical analysis supporting the denial. The department shall not grant any variance or temporary authorization to operate under this chapter if the proposed variance conflicts or is inconsistent with the requirements of 40 C.F.R. part 257, subparts A and B, Title 40 of the Code of Federal Regulations, Part 257, subpart D or 40 C.F.R. part 258.

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Terms Used In Arizona Laws 49-763.01

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Management agency: means any person responsible for the day-to-day operation, maintenance and management of a particular public facility or group of public facilities. See Arizona Laws 49-701
  • Solid waste facility: means a transfer facility and any site owned, operated or used by any person for the storage, processing, treatment or disposal of solid waste, conditionally exempt small quantity generator waste or household hazardous waste but does not include the following:

    (a) A site at which less than one ton of solid waste that is not household waste, household hazardous waste, conditionally exempt small quantity generator waste, medical waste or special waste and that was generated on site is stored, processed, treated or disposed in compliance with Section 49-762. See Arizona Laws 49-701

  • Solid waste management: means the systematic administration of activities that provide for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. See Arizona Laws 49-701
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