CHAPTER X VARIANCES, Article I Interim Variance

Section 1700:

An applicant for a variance who desires to commence or continue operations pending a decision of the Hearing Board may apply and may be granted an Interim Variance for good cause.

  1. An Interim Variance shall not be valid beyond the date of decision of the Hearing Board, or for more than ninety (90) days from date of its issuance, whichever occurs first.
  2. An Interim Variance shall not be granted if Notice of Hearing has been given, or if it was sought to avoid notice and hearing requirements as set forth in this Chapter.
Section 1701:

Petition: A petition for an Interim Variance shall conform to the following:

  1. Name, address and telephone number of Petitioner, or other party authorized to receive services of Notices.
  2. Petitioner's status: individual, partnership, association, corporation, or other entity; names and addresses of partners, officers or authorized manager.
  3. Brief descriptions of any article, machine or equipment involved.
  4. Type of business or activity involved and status of operations.
  5. Type of action desired.
  6. Signature of Petitioner or person authorized to sign, together with such authorization statement.
  7. Regulations involved under which Permit was granted in Petition for Revocation and a brief statement of facts constituting the alleged violation.
  8. Request and alleged refusal resulting in suspension of permits, and brief statement as to why requested information was not furnished; whether such information was pertinent; and if so, when it will be furnished in a Petition for Reinstatement of Suspended Permits.
  9. Facts stating why compliance with this section, regulation or order is unreasonable.
  10. Period of time for which variance is sought, and why such a period is requested.
  11. Damage or harm resulting, or which would result, to the Petitioner from compliance with District regulations or order.
  12. A final compliance date and increments of progress schedule.
  13. Advantage or disadvantage to the residents of the District resulting from requiring compliance or resulting from granting a variance.
  14. If granted, assurance that the operations under said variance would not constitute a nuisance.
  15. Whether or not any case involving the same identical equipment or process is pending in any court.
  16. All Petitions shall be typewritten, double spaced, on legal or letter-sized paper, and on one side only, and with a one (1) inch margin at top and left side of each sheet.
  17. All petitions for variance shall include an excess emissions estimate(s) complete with calculations utilized to determine those excess emissions.