When a facility does not meet the requirements of the state statutes or these sections, or when the elected or appointed official having jurisdiction desires to construct or operate a facility not complying with the requirements, the official may file an application for variance with the commission. The facts and circumstances justifying the variance shall be submitted to the commission for review.

Source Note: The provisions of this §299.2 adopted to be effective December 27, 1994, 19 TexReg 9882.