(a) The Director of Environmental Protection must administer this Chapter.
(b) The Director may waive any requirement of this Chapter when:
(1) practical difficulties, undue hardships or other good cause prevents any person from carrying out this Chapter; and
(2) the waiver is not contrary to the spirit and intent of this Chapter and other applicable law, and does not materially impair the public welfare and safety.
(c) Any aggrieved party may appeal the grant or denial of a waiver to the County Board of Appeals under Section 48-28.(1981 L.M.C., ch. 37, § 1; 1995 L.M.C., ch. 18, § 1; 1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor's note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
1995 L.M.C., ch. 18, §§ 2 and 3, state:
Sec. 2. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and the Director of that Department are reassigned to the Department of Transportation and the Director of that Department respectively. Any reference in that Plan to the Department of Environmental Protection and the Director of that Department must be treated as referring to the Department of Transportation and the Director of that Department respectively.
Sec. 3. Any regulation in effect on July 1, 1995, which implements a function transferred to the Department of Transportation under Chapter 48, as amended by Section 1 of 1995 LMC Ch. 17 continues in effect, but any reference in that regulation to the Department of Environmental Protection must be treated as referring to the Department of Transportation. The transfer of a function under 1995 LMC Ch. 17 does not affect the rights of a party to any legal proceeding begun before 1995 LMC Ch. 17 took effect.