Guam § 49110 - Variances.

§ 49110. Variances.

(a) Any person who owns or who is in control of any plant,

building, structure, establishment, process or equipment, may

apply to the Agency for a variance from the rules and regulations.

The Agency may grant a variance, but only after public hearing

on due notice, if it finds that:

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(1) the emissions occurring, or proposed to occur, do not

endanger or tend to endanger human health or safety; and

(2) compliance with the rules and regulations from

which variance is sought would produce serious hardship

without greater benefits to the public.

(b) No variance shall be granted pursuant to this Section until

the Agency has considered the relative interests of the applicant,

other owners of property likely to be affected by the discharges

and the general public.

(c) Any variance or renewal thereof shall be granted within

the requirements of Subsection (a) of this Section and for time

periods and under conditions consistent with the reasons therefor,

and within the following limitations:

(1) If the variance is granted on the ground that there is

not practicable means known or available for the adequate

prevention, abatement or control of the air pollution

involved, it shall be only until the necessary means for

prevention, abatement or control become known and

available, and subject to the taking of any substitute or

alternate measures that the Agency may prescribe.

(2) If the variance is granted on the ground that

compliance with the particular requirement from which

variance is sought will necessitate the taking of measures

which, because of their extent or cost, must be spread over a

considerable period of time, it shall be for a period not to

exceed the reasonable time, as in the view of the Agency, is

requisite for the taking of the necessary measures. A variance

granted on the ground specified in this Item (2) of Subsection

(c) of this Section shall contain a timetable for the taking of

action in an expeditious manner and shall be conditioned on

adherence to the timetable.

(3) If the variance is granted on the ground that it is

justified to relieve or prevent hardship of a kind other than

that provided for in Items (1) and (2) of this Subsection (c)

of § 49110 of this Chapter, it shall be for not more than one

(1) year.

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(d) Any variance granted pursuant to this Section may be

renewed on terms and conditions and for periods, which would be

appropriate on initial granting of a variance. If complaint is made

to the Agency on account of the variance, no renewal thereof shall

be granted, unless, following public hearing on the complaint on

due notice, the Agency finds that renewal is justified. No renewal

shall be granted except on application therefor. Any such

application must be made at least sixty (60) days prior to the

expiration of the variance. Immediately upon receipt of an

application for renewal, the Agency shall give public notice of the

application in accordance with rules and regulations of the

Agency.

(e) A variance or renewal shall not be a right of the applicant

or holder thereof, but shall be in the discretion of the Agency.

(f) Nothing in this Section and no variance or renewal granted

pursuant hereto shall be construed to prevent or limit the

application of the emergency provisions and procedures of §

49113 of this Chapter to any person or property.