When the Department of Environmental Quality grants a variance as part of its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act, the department shall consult with the applicant and, to the extent allowable by federal law, seek to:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1) Minimize negative economic impacts that will be incurred by the applicant as a result of the variance; and

(2) Ensure that if conditions are included in the variance, the conditions are directly related to the purpose of the variance and that any negative economic impacts incurred by the applicant will be minimized. [2011 c.405 § 2]

See note under 468B.037.