(a) A site specific variance shall allow an alternative method of construction or monitoring which would be applicable at one or more sites within the County. An application for a site specific variance shall be made by the permittee to the Permitting Authority on a form provided by the Permitting Authority.
(b) At least sixty (60) days prior to applying to the Permitting Authority, the permittee shall submit a complete construction and monitoring plan to the Permitting Authority. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified. If the Permitting Authority decides that a variance would be necessary to approve the specific methods, or if the Permitting Authority does not act within sixty (60) days after the receipt of the permittee’s complete construction and monitoring plan, the permittee may proceed with a variance application.
(c) Applications for site specific variances shall include, but shall not be limited to:
(1) A description of the provision from which the variance is requested;
(2) A detailed description of the complete construction and monitoring methods to be used. The proposed alternative program, method, device, or process shall be clearly identified;
(3) Any special circumstances on which the applicant would rely to justify findings necessary for the variance;
(4) That the proposed alternative will adequately protect the soil and beneficial uses of waters of the County from an unauthorized release;
(5) Any documents necessary to satisfy the California Environmental Quality Act (Division 13, commencing with Section 21000 of the Public Resources Code of the State); and
(6) A fee as specified by the Board.
(d) The Permitting Authority shall review all applications submitted and shall notify the applicant in writing within thirty (30) days after the receipt of the application as to whether or not the application is complete.
(e) Within sixty (60) days after receiving a complete variance application, the Permitting Authority shall grant or deny the variance.
(f) The Permitting Authority shall grant the variance only if he finds, after an investigation, that the applicant has demonstrated by clear and convincing evidence either of the following:
(1) Because of the facilities’ special circumstances, not generally applicable to other facilities’ property, including size, shape, design, topography, location, or surroundings, the strict application of the provisions of this chapter is unnecessary to protect the soil and beneficial uses of the waters of the County from an unauthorized release; or
(2) That the strict application of the standards of this chapter would create practical difficulties not generally applicable to other facilities or property, and that the proposed alternative will adequately protect the soil and beneficial uses of the waters of the County from an unauthorized release.
(g) Any site specific variance shall prescribe appropriate additional conditions and shall prescribe the specific alternative system for which the variance is being sought.
(h) The Permitting Authority shall notify the applicant of the action taken on the application. He shall notify the Regional Water Quality Control Board of an action granting a variance. If the Permitting Authority determines that the variance granted does not meet the minimum requirements set forth in Sections 25284 and 25284.1 of the Health and Safety Code of the State as they read on January 1, 1984, prior to being amended and renumbered, or if, within thirty (30) days following notice, the Regional Water Quality Control Board makes such a determination, the action of the Permitting Authority shall be deemed to be a recommendation of the local agency made pursuant to the site specific variance provisions of Section 25299.4 of the Health and Safety Code of the State and Section 2682 of Title 23 of the California Administrative Code. Absent such a determination, if the variance request is approved, it shall constitute a permit to the applicant which includes the conditions set forth therein. Absent such a determination, the denial of a variance shall be subject to the appeal provisions of this chapter; otherwise, the decision of the Permitting Authority shall be final.
(i) The Permitting Authority shall modify or revoke a variance upon a finding:
(1) That the proposed alternative does not adequately protect the soil and the beneficial use of the waters of the County;
(3) That modifications have been made to the underground storage tank or facility in violation of the variance; or
(4) That the holder of the variance has violated one or more conditions upon which the variance was issued. The Permitting Authority may revoke a variance by issuing a written notice of revocation, stating the reasons therefor, and serving the notice, together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation shall become effective fifteen (15) days after the date of service, unless the holder of the variance files an appeal within the same time and in accordance with the provisions of Section 6-11.17 of this chapter. If such an appeal is filed, the revocation shall not become effective until a final decision on the appeal is issued. (§ 18, Ord. 1036, eff. July 10, 1986)