ISDS 



Variance-related notification procedures have been an issue of considerable concern for 

 some time. Variance board hearings do not require notification of abuttors. Notification of 

 towns, water supply purveyors, other concerned divisions/agencies, and other interested 

 parties has been insufficiendy formalized, and inconsistent 



Permit appeal procedures at this time provide that an applicant denied a variance may 

 appeal to a regulatory agency's hearing officer and then to court. Courts are generally not 

 familiar with the technical issues at hand, fi:^uentiy interpret resource protection authority 

 narrowly, and return the decision back to the state agency, effectively ordering issuance of 

 the permit 



As standards of greater stringency are adopted, it is critical to provide clear guidance as 

 to the circumstances under which variances and special exceptions will be reviewed, 

 granted, or denied, and the conditions to be attached to approval. 



Recommendations 



***Revise ISDS regulations and variance granting procedures to stipulate 

 that variances for standard system construction will not be granted in areas 

 where the water table is less than 3 feet below ground surface, particularly 

 in critical areas. 



**Establish a point-based system for review of variances and special 

 exceptions, based upon the system which has been successfully applied in the -state of 

 Maine. Th£ system should define: 



• clear conditions under which variances will not be considered . That is.where a 

 presumption would be made that a defined action would substantially endanger 

 public health and environmental quality; 



• a defensible rating system for use in evaluating variance applications which tracks 

 the point-based system recommended in SITE EVALUATION, above. The 

 formula should assign a specified number of points for a) soil type; b) depth to 

 groundwater and impervious layer, c) slope; d) lot size; e) width of buffers to 

 waterbodies; f) type of development and expected flow volume to be generated; g) 

 existing drainage alterations; h) availability of public water, i) . location of lot with 

 respect to groundwater aquifer, water supply watershed, coastal watershed, or 

 other vulnerable areas. The rating system should provide that sites having optimal 

 conditions for waste disposal other than that firom which a variance is sought would 

 be considered more favorably than those sites in which several site conditions are 

 marginal or unfavorable. 



• conditions to be attached to variances and special exceptions with regard to 

 inspection schedules, maintenance requirements and responsibility, alteration and/or 

 change of use restrictions to be applied, and conditions under which the variance 

 would be revoked. 



♦Require that no variance will be granted for new ISDS or enlargement of an existing 

 system which increases capacity to accommodate additional flows except after applicant has 

 notified all abuttors by certified mail. 



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