Virginia Law

A. One or more of the regulations in this chapter may be waived in whole or in part when, in the opinion of the Health Commissioner, the hardship imposed by the regulations, which may be economic, outweighs the benefits that may be received by the public and that granting such a variance does not subject the public to unreasonable health risks or environmental pollution. Variances shall be issued in writing by the Health Commissioner.

B. Any permit holder who seeks a variance shall apply in writing to the local health department. The application shall include:

1. A citation to the regulation from which a variance is requested;

2. The nature and duration of the variance requested;

3. Evidence that establishes that the public health and welfare and the environment would not be adversely affected if the variance were granted;

4. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;

5. Other information believed pertinent by the applicant; and

6. Such other information as the district or local health department or Health Commissioner may require.

C. If the Health Commissioner proposes to grant a variance request, the permit holder shall be notified in writing of this decision within 90 days of receipt of the variance request. If the Health Commissioner proposes to deny the variance request, the Health Commissioner shall notify the permit holder of the proposed denial within 90 days of receipt of the variance request and provide an opportunity for an informal fact-finding conference as provided in § 2.2-4019 of the Code of Virginia.