Section 1710:

No variance shall be granted unless the Hearing Board makes all of the following findings:

  1. The Variance is not, or will not be, in violation of the applicable provisions in this Chapter, or of any rule, regulation or order of the District.
  2. Due to conditions beyond the reasonable control of the Petitioner, requiring compliance would result in (1) an arbitrary or unreasonable taking of property, or (2) the practical closing and elimination of a lawful business.
  3. That such closing or taking would be without a corresponding benefit in reducing air contaminants.
Section 1711: After making the specific findings as noted herein above, the Hearing Board shall prescribe requirements applicable to plants and equipment operated by specified industry or business or for specified industry, or to the operations of individuals which do not conflict with any statute, rule, regulation or order.

The Hearing Board shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the residents of the District; and to any lawful business, occupation or activity involved resulting from requiring compliance with said requirements or resulting from granting a variance.
Section 1712: As a condition precedent, the Hearing Board may require a cash bond; a bond executed by two (2) or more good and sufficient sureties or a corporate surety bond to assure performance of any construction, alteration, repair or other work required by the terms and conditions of the variance. On failure to perform, the Surety has the option to remedy the default or to pay the amount under the bond.
Section 1713: The Hearing Board may review a variance for good cause, such as a change in the availability of materials, equipment or adequate technology and may modify a schedule of increments of progress or a final compliance date in such a schedule.
Section 1714: The Hearing Board, in making any order permitting a variance shall specify the time during which such order shall be effective but in no event shall exceed one (1) year, and shall set a final compliance date.

Exception: A variance may be issued for a period exceeding one (1) year if said variance includes a schedule of increments of progress specifying a final compliance date by which the emissions of air contaminants of a source for which the variance is granted will be brought into compliance with applicable emission standards.