(A) Upon written application, the Enforcement Officer or his/her designee may defer application of this section for a six-month period after the effective date stated in § 126.06 upon a showing of hardship. Hardship will be found when:
(1) Compliance with any section of this chapter would cause significant economic difficulty;
(2) There is no readily available compliant substitute; or
(3) Application of this chapter would deprive the applicant of a legally protected right.
(B) Any entity granted a deferment by the Enforcement Officer or his/her designee must reapply prior to the end of the six-month exemption period and demonstrate continued undue hardship if it wishes to have the deferment extended. Deferments may only be granted for intervals not to exceed six months.
(C) A deferment granted in accordance with this section may be extended for no more than two additional six-month periods, upon written application to the Enforcement Officer or his/her designee at least two months prior to the expiration of the prior deferment period and upon a showing that the circumstances justifying the deferment continue to exist.
(D) For any further extension beyond the maximum deferment period, the applicant must apply for a variance to the Legislative Council and demonstrate that there is no readily available substitute and why any such substitute is not capable of being used by the applicant. The applicant must continue to apply every six months in accordance with this section unless a different time frame is established by the Council upon approval of the application.
(E) A deferment application shall include all information necessary for the Enforcement Officer or his/her designee to make its decision, including, but not limited to, documentation showing the factual support for the claimed deferment. The Enforcement Officer or his/her designee may require the applicant to provide additional information to permit it to determine facts regarding the deferment application.
(F) The Enforcement Officer or his/her designee may approve the deferment application, in whole or in part, with or without conditions that it deems necessary to protect the environment and public health and further the interests of this section.
(G) Deferment decisions are effective immediately and final.
(Ord. 708, passed 2-19-19)