(a) The Director of Pollution Control may grant individual variances beyond the limitation prescribed by this chapter, whenever it is found, upon presentation of adequate proof, that compliance with any section of this chapter, or with any regulation or order of the Director in respect to this chapter would impose unreasonable hardship. In granting a variance, the Director may impose such conditions as the policies of this chapter may require.
(b) Any variance granted pursuant to this section shall be granted for such period of time, not exceeding one year, as shall be specified by the Director at the time of the grant of such variance and upon the conditions that the person who receives such variance shall make such periodic progress reports as the Director shall specify. Such variance may be extended for periods up to six months by affirmative action of the Director, but only if satisfactory progress has been shown. The Director may, in the case of construction, grant a variance for the duration of the project and a contract letting agency, public or private, may apply for this variance.
(c) If requested by the petitioner or if deemed desirable by the Director, a public hearing shall be held prior to the issuance of any variance for the purpose of allowing any person to present evidence with respect to the requested variance. Notice of such hearing shall be promulgated by the Director in the form of a news release at least ten days prior to the hearing.
(d) The petition shall be accompanied by a fee of twenty-five dollars ($25.00).
(e) Governmental agencies are exempted from the payment of fees.
(1952 Code § 17-15-119; Ord. 3-75)