Variances - Standard of Review
(1) Local Approving Authorities and the Department may vary the application of any provisions
of 310 CMR 15.000 with respect to any particular case except those listed in 310 CMR 15.415.
Variances for increased flow to existing systems shall be governed by the provisions of 310
CMR 15.414. Variances for schools shall be governed by the provisions of 310 CMR 15.416.
Variances shall be granted only when, in the opinion of the Approving Authority:
(a) The person requesting a variance has established that enforcement of the provision of
310 CMR 15.000 from which a variance is sought would be manifestly unjust, considering
all the relevant facts and circumstances of the individual case; and
(b) The person requesting a variance has established that a level of environmental protection
that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without
strict application of the provision of 310 CMR 15.000 from which a variance is sought.
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