(A) Persons not capable of immediate water use reduction, or curtailment, because of equipment damage or other extreme circumstances, shall commence gradual reduction of water use within 24 hours of the declaration of water use curtailment/reduction and shall apply for a variance from curtailment.
(B) Persons requesting exemption from the provisions of this chapter shall file a petition for variance with the Municipal Clerk within ten (10) days after the curtailment becomes effective.
(C) When the Drought Chapter has been invoked by the Town Council by an action independent of the Water Resources Commission, all petitions for variances shall be reviewed by the Town Council. When the Drought Chapter has been invoked by the town acting on the direction of the Water Resources Commission, persons using less than 25,000 gallons of water per day shall file a petition for variance with the Town of South Congaree, and persons using in excess of 25,000 gallons of water per day shall file a petition for variance with the Water Resources Commission within ten (10) days or the effective date of water use curtailment or reduction. The Water Resources Commission shall respond to requests for variance within five (5) days of receipt of information or within 20 days of declaration of the curtailment, whichever comes first.
(D) Petitions shall contain the following:
(1) Name and address of the petitioner(s);
(2) Purpose of water use;
(3) Specific provision from which the petitioner is requesting relief;
(4) Detailed statement as to how the curtailment declaration adversely affects the petitioner;
(5) Description of the relief desired;
(6) Period of time for which the variance is sought;
(7) Economic value of the water use;
(8) Damage or harm to the petitioner or others if petitioner complies with chapter;
(9) Restrictions with which the petitioner is expected to comply and the compliance date;
(10) Steps the petitioner is taking to meet the restrictions from which variance is sought and the expected date of compliance; and
(11) Other pertinent information.
(E) In order for a variance to be granted, petitioner must show one (1) or more of the following conditions:
(1) Compliance with the chapter cannot be technically accomplished during the duration of the water shortage; and/or
(2) Alternative methods can be implemented which will achieve the same level of reduction in water use.
(F) The Mayor may, in writing, grant temporary variances for existing water uses otherwise prohibited under the chapter if it is determined that failure to grant the variances would cause an emergency condition adversely affecting health, sanitation or fire protection for the public or the petitioner and if one (1) or more of the aforementioned conditions is met. The governing body of the Town of South Congaree shall ratify or revoke the variance at their next scheduled meeting. Any variance so ratified may be revoked by later action of the governing body of the Town of South Congaree.
(G) No variance shall be retroactive or otherwise justify any violation of this chapter occurring prior to the issuance of the variance.
(H) Variances granted by the Town Council shall be subject to the following conditions, unless waived or modified by the Town Council.
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire when the water shortage no longer exists, unless the petitioner has failed to meet specified requirements.
(1985 Code, § 13-45)