{"data":{"id":"us-va/9vac20-121-410","jurisdiction":"us-va","citation":"9VAC20-121-410","heading":"Variance to requirements","body":"A. The director may grant a variance from any regulation contained in Part III (9VAC20-121-100 et seq.) through Part V (9VAC20-121-300 et seq.) of this chapter to an applicant if the applicant demonstrates to the satisfaction of the director that:\n\n1. a. Strict application of the regulation to the facility will result in undue hardship that is caused by the applicant's particular situation;\n\nb. The alternate is equally protective of human health and the environment as that provided for in the regulations; or\n\nc. Technical conditions exist that make a strict application of the regulation difficult to achieve; and\n\n2. Granting the variance will not result in an unreasonable risk to the public health or the environment.\n\nB. Effects of the decisions.\n\n1. When the director renders a decision under this section in accordance with the procedures contained in 9VAC20-121-420, the director may:\n\na. Deny the application;\n\nb. Grant the variance as requested; or\n\nc. Grant a modified or partial variance.\n\n2. When a variance is granted, the director may:\n\na. Specify the termination date of the variance; or\n\nb. Include a schedule for:\n\n(1) Compliance, including increments of progress, by the facility with each requirement of the variance; and\n\n(2) Implementation by the facility of such control measures as the director finds necessary in order that the variance may be granted.","path":["Title 9. Environment","Agency 20. Virginia Waste Management Board","Chapter 121. Regulated Medical Waste Management Regulations","Part VI. Variance Application Procedures"],"source_url":"https://law.lis.virginia.gov/admincode/title9/agency20/chapter121/section410/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:49:01Z","sha256":"8af8c3d957407495ceb041927105eff6975d597e63e05ee664229a3bf4fd4c55","source_id":"us-va-vac","stale":false,"prev":"us-va/9vac20-121-400","next":"us-va/9vac20-121-420"},"notice":"GroundRules: Original legal text. Not legal advice."}