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(A) The Board may grant individual variances beyond the limitations prescribed in this chapter. The maximum variance on limitation of discharge (hereinafter maximum variance) shall be two and one-half times the limitation on discharge for specific pollutants as set forth in this chapter; provided, however, that the Board may, upon a showing by a petitioner that said maximum variance would be insufficient for its needs and would work an arbitrary or unreasonable hardship on the petitioner, grant on a one-time, exceptional, nonrenewable basis, limitations on discharges in excess of said maximum variance; provided further that the burden of showing such arbitrary and unreasonable hardship shall be on the petitioner who shall, before such variance is granted, show such arbitrary and unreasonable hardship to the Board by clear and convincing proof. In no case shall the Board grant any variance whose terms might or could cause interference as such term is defined in § 51.001.
(B) In granting a variance, the Board may impose such conditions, exceptions, time limitations, duration, and other limitations as the policies of this chapter and the Act may require. Except as provided by this chapter, any variance granted by the Board shall not exceed three years and shall be granted upon the condition that the person who receives such variance shall make such periodic progress reports as the Board shall specify. Such variance may be extended from year to year by affirmative action of the Board, but only if satisfactory progress has been shown.
(C) Any person seeking a variance shall do so by filing a petition for variance with the Superintendent. The city shall specify information required to be submitted by the petitioner. The Superintendent shall investigate such petition, consider the views of persons who might be adversely affected by the granting of a variance and make a report to the Board of the disposition of the petition. If the Board in its discretion concludes that a hearing would be advisable or if the Superintendent or any other person files a written objection to the granting of such variance within 15 days, then a hearing shall be held under the provisions of this chapter and the burden of proof shall be on the petitioner.
(D) If the Board fails to take final action upon a variance request within 60 days after the filing of a petition, the petitioner may deem the petition granted under this chapter for a period not to exceed one year. However, the period of 60 days shall not run any such period of time during which the Board is without sufficient membership to constitute a quorum as set forth in the enabling legislation for the city.
(E) If the limits of a variance are exceeded or if any terms of a variance are violated by the person granted a variance, a violation of this chapter is deemed to have occurred and the variance may be revoked on 30 days notice.
(Ord. 1984-35, passed 12-18-84)