§ 128.

VARIANCES

The General Manager shall hear and make determinations regarding applications submitted by dischargers for variances from the strict application of the requirements of this Article. Variance determinations shall be issued as specified in Section 129. The General Manager may grant variances only when such action is consistent with this Article’s general purpose and intent and the general and specific rules contained in this Article. A variance shall not be granted unless the General Manager finds that the applicant is or will be in violation of this Article, and that due to circumstances beyond the reasonable control of the applicant, requiring compliance would result in unavoidable and excessive hardship. Practical difficulties associated with treatment systems or the expense of appropriate treatment shall not, standing alone, constitute circumstances beyond the reasonable control of the applicant. The General Manager shall not grant variances from applicable federal or State discharge standards. This subsection shall in no way limit the powers and authority of the General Manager pursuant to this Article. A pending variance application shall not be a defense to any enforcement action of the General Manager, or to any civil or criminal action under this Article.

History

(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)

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