(A) The applicant may apply for a waiver of strict compliance with §§ 50.102, 50.108(J), 50.109(F) and 50.110. Waivers of strict compliance must state the nature of the waiver requested and the reasons why this will not cause a measurable impact to the health, safety and welfare of the public, integrity of the environment and the ability of the Solid Waste Coordinator to enforce this chapter.
(B) It will be at the discretion of the Solid Waste Coordinator to issue a waiver of strict compliance to the CDDL permit. The Solid Waste Coordinator decision shall be based upon the potential impact of the waiver to the health safety and welfare of the public and the potential to pollute or otherwise degrade the environment. The Solid Waste Coordinator, under the following conditions, may issue waivers of strict compliance.
(1) Waivers of strict compliance are to be made in writing with an original and three copies of all information submitted.
(2) Applications for a waiver of strict compliance shall include:
(a) A non-refundable fee of $500 if the waiver application is made outside of the initial CDDL permit application. No permit fee shall be assessed if the waiver application is made with the initial CDDL permit application; and
(b) Proof of notification for all property owners adjacent to the property that states the applicant is applying for a waiver of strict compliance and the nature of the waiver, the applicant’s name and address, the property parcel number of the CDDL property, the property owner’s name and must include a map showing the location of the of the CDDL in relation to surrounding properties and public roads.
(3) Provisions of the waiver approval shall be incorporated as conditions to the CDDL permit and shall be relevant to that permit only.
(4) Waivers of strict compliance shall not be entertained after a permit application has been denied.
(5) No waiver may be issued that would violate state or federal law.
(6) The Solid Waste Coordinator shall place a public notice in at least one local paper to solicit public comments on the waiver of strict compliance. The Solid Waste Coordinator shall make available for public review a copy of the waiver application. A 30-day public comment period shall be observed before a decision is rendered.
(7) The Solid Waste Coordinator may place a time limit on the waiver.
(Ord. KOC 97-830-53, passed 9-2-1997)