(a) The engineering report must include all requested variances from the requirements of this chapter.     
      (b) The engineering report must include a technical justification for each variance requested. The executive director may determine what level of justification is acceptable.     
      (c) If the executive director determines that a variance may potentially endanger public health or the environment, the executive director may deny the variance or require that compensatory measures be taken to prevent a nuisance or the potential endangerment of public health or the environment.     
      (d) The executive director shall not grant or approve a variance that would violate any expressed prohibition in this chapter.     
      (e) A variance request that has been signed, dated, and sealed by an engineer; and certified by the engineer that the requested variance does not potentially endanger public health or the environment in the summary transmittal letter required by §217.6 of this title (relating to Submittal Requirements and Review Process) is automatically approved 30 business days after receipt by the executive director unless:      
        (1) the executive director requests additional information in writing;       
        (2) the variance request conflicts with any prohibition listed in this chapter; or       
        (3) the variance request conflicts with a provision in this chapter that specifically requires approval from the executive director to be in writing.       
     Source Note:        The provisions of this §217.4 adopted to be effective August 28, 2008, 33 TexReg 6843; amended to be effective December 4, 2015, 40 TexReg 8254