§ 5-2-5-15. VARIANCE PROCEDURE.
   (A)   The Board shall have the power to modify or waive any minimum sanitary sewer design standard or any regulations promulgated and adopted by the Board. The Board may grant a modification or waiver if an applicant for a construction permit submits the request in writing and makes a substantial showing that:
      (1)   A minimum sanitary sewer design standard or regulation is unfeasible or unreasonably burdensome; and
      (2)   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 Board shall fail to respond to the request for variance within 30 days from the written request, it shall be deemed to be denied.
   (C)   An applicant may appeal to the Board any decision denying or partially approving a requested variance. The appeal of a 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.