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The Benefits of a Variance Procedure in Onsite Wastewater Regulations

Published by the American Society of Agricultural and Biological Engineers, St. Joseph, Michigan www.asabe.org

Citation:  Eleventh Individual and Small Community Sewage Systems Conference Proceedings, 20-24 October 2007, Warwick, Rhode Island  701P1107cd.(doi:10.13031/2013.24006)
Authors:   Kevin Michael Sherman
Keywords:   Variance, Regulatory program, Septic tanks, Florida, Onsite wastewater

Anyone who has worked in the onsite wastewater community for a reasonable period is aware that systems failing to precisely meet the standards of an onsite regulation are routinely installed. The only question is whether the waiver is issued formally or informally. In this paper, the author extols the virtues of a formal, preferably statewide variance process. One might assume this program exists to assist aggrieved property owners. Further analysis shows that the program provides a relief valve for local regulators. If properly implemented, this program provides more consistent, and therefore more defendable permitting decisions. The author analyzed data collected in Florida since 1998. Implementation costs for the program for a seven-member committee meeting monthly were $134,307 in 2006. Members of Floridas variance committee provided insights as to what they saw as the processs greatest strengths and weaknesses. A statewide variance process may be perceived by local regulators as a loss of power. Landowners will also experience increased time, money and risk through the variance process. An advantage of the variance procedure is it makes explicit what degree of noncompliance can be accepted, and the circumstances when they are granted. Floridas volunteer board members are dedicated in their participation. These board members disagree on code interpretation and the role of the variance board in those interpretations. Tracking variance decisions provides an important feedback loop to code revision. Common easy-to-say-yes decisions should be written into the regulation over time. This saves the variance boards time for the truly tough cases.

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