(A) Persons not capable of immediate water use reduction or curtailment, because of equipment damage or other extreme circumstances, shall commence gradual reduction of water use within 24 hours of the declaration of water use curtailment/reduction and shall apply for a variance from curtailment.
(B) Persons requesting exemption from the provisions of this subchapter shall file a petition for variance with the city within ten days after the curtailment becomes effective.
(C) When the provisions of this subchapter have been invoked by the city by an action independent of the S.C. Water Resources Commission or invoked by the city acting at the direction of the Water Resources Commission, persons requesting exemption from the provision of this subchapter shall file a petition for variance with the city within ten days of the effective date of water use curtailment or reduction. The city shall respond to requests for variances within five days of receipt of information or within 20 days of declaration of the curtailment, whichever comes first.
(D) Petitions shall contain the following information:
(1) Name and address of the petitioner(s);
(2) Purpose of water use;
(3) Specific provision from which relief is requested;
(4) Detailed statement as to how the curtailment declaration adversely affects the petitioner;
(5) Description of the relief desired;
(6) Period of time for which the variance is sought;
(7) Economic value of the water use;
(8) Damage or harm to the petitioner or others if petitioner complies with this subchapter;
(9) Restrictions with which the petitioner is expected to comply and the compliance date;
(10) Steps the petitioner is taking to meet the restrictions from which variance is sought and the expected date of compliance; and
(11) Other pertinent information, as requested.
(E) In order for a variance to be granted, petitioner shall show one or more of the following conditions:
(1) Compliance cannot be technically accomplished during the duration of the water shortage; and
(2) Alternative methods can be implemented which will achieve the same level of reduction in water use.
(F) The City Administrator may, in writing, grant temporary variances for existing water uses otherwise prohibited under this subchapter, if it is determined that failure to grant the variances would cause an emergency condition adversely affecting health, sanitation or fire protection for the public or the petitioner and if one or more of the aforementioned conditions is met. The City Council shall ratify or revoke any variance at its next scheduled meeting. Any variance so ratified may be revoked by later action of the Council.
(G) No variance shall be retroactive or otherwise justify any violation of this subchapter occurring prior to the issuance of the variance.
(H) Variances granted by the City Administrator shall be subject to the following conditions, unless waived or modified by the City Council:
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire when the water shortage no longer exists, unless the petitioner has failed to meet specified requirements.
(‘88 Code, § 17.710)