§ 12-03 Variances.
RCNY § 12-03
(a)Unless otherwise precluded by federal or state statute or regulation, or subdivision (d) of this section, the Department may, upon written application from any person who is subject to this Rule, grant a variance from one or more specific provisions of this Rule consistent with § 24-110 of the Administrative Code of the City of New York and under the conditions set forth in this subchapter.
(b)Every application for a variance must: (1) identify the specific provisions of this Rule from which a variance is sought; (2) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation in contrast to the rest of the industry or any segment thereof, impose unreasonable hardship; (3) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, or welfare, the environment or natural resources and will be consistent with the provisions of the New York City Air Pollution Control Code and the performance expected from an activity permitted under the provisions of this Rule; and (4) include a copy of any variance granted by the New York State Department of Environmental Conservation. If no variance has been granted by the New York State Department of Environmental Conservation then the application to the Department shall state that no variance has been granted by the New York State Department of Environmental Conservation.
(c)In granting any variance under this subchapter, the Department may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health, safety, or welfare, the environment, or natural resources.
(d)Phase-out dates for dry cleaning equipment cannot be extended by a variance.
