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Notwithstanding any other provisions of Chapter 733, it shall be lawful for any person, firm or corporation to offer, sell or expose for sale, give or furnish any detergent containing any phosphorus, expressed as elemental phosphorus, manufactured for machine dishwashers, dairy equipment, beverage equipment food processing equipment and industrial cleaning equipment within the City up to and including March 31, 1984, after which no person shall offer, sell or expose for sale, give or furnish such products except as follows:
(a) Not later than thirty days prior to March 31, 1984 any person, firm or corporation may petition the Council of the City of Bedford for a variance in the application or operation of the zero phosphate requirements of the products set forth in this section where such variances will not seriously injure or endanger the general public health, safety, convenience or welfare.
(b) The Council shall hold a hearing within thirty days after receipt of a petition for such variance; such hearing shall be for the purpose of determining whether or not good cause has been shown for the granting of a variance from the zero phosphate requirements for the subject products.
(c) The Council may, subject to appropriate conditions and safeguards, vary the application or operation of the zero phosphate requirements for the subject products for period of time not to exceed one year. However, if at any time during such yearly period, the Council determines that there is available in sufficient commercial quantities a chemical substitute for phosphates in the subject products, then upon thirty days written notice to the holder of such variance, such council may hold a hearing to determine if such variance period should be terminated and the variance holder ordered to substitute in its products the newly developed chemical substitute for phosphates.
(d) In determining whether or not there has been a showing of good cause, the Council shall consider the following factors:
(1) Whether there has been a showing that the application of the law will result in undue hardship and that a variance may be granted without detriment to the health and welfare of the residents of the City:
(2) Whether there has been a showing that there is no known method or mode of complying with the zero phosphate requirements sought to be waived, within existing scientific technology;
(3) Whether there has been a showing that an extension of time for compliance with the subject requirement will not injuriously affect the general public health, safety, welfare or convenience; and
(4) Whether there has been a showing that such variance will not be detrimental to, or permanently alter, the intent of the subject requirement.