§ 5-1-6-15. VARIANCE PROCEDURE.
   (A)   The Director, or his or her designated representative, shall have the power to modify or waive any minimum sanitary sewer design standard or any regulations promulgated by the Board of Public Works and Safety. The Director or his or her designee may grant a modification or waiver if an applicant for a construction permit submits the request in writing and makes a substantial showing:
      (1)   That a minimum sanitary sewer design standard or regulation is unfeasible or unreasonably burdensome; and
      (2)   That an alternate plan submitted by the applicant will achieve the same objective and purpose as compliance with minimum sewer design standards and regulations of the Board.
   (B)   If the Director or his or her designee shall fail to respond to the request for variance within 20 days from the written request, it shall be deemed to be denied.
   (C)   An applicant may appeal to the Board of Public Works and Safety the decision of the Director or his or her designee denying or partially approving a requested variance. The appeal of the decision shall be filed with the Board within 30 days of the decision. The Board shall hear the request for the variance de novo and in making a decision shall apply the standards set forth above.