§ 34-1040. Variance procedure.

(a)

[ Generally. ] Variance from one or more of terms and requirements of this division, other than the fee requirements, may be granted by the San Antonio Water System resource protection and compliance Department, where a literal enforcement of the provisions of this division will result in an unnecessary hardship. Any variance granted shall be limited in scope of relief to that which is necessary to relieve the hardship condition. No variance may be granted unless:

(1)

Such variance will not be contrary to public interest;

(2)

Such variance will not substantially increase the potential for pollution of the public water supply;

(3)

Such variance will be in harmony with the spirit and purpose of this division;

(4)

The plight of the applicant for variance is due to unique circumstances, and the unique circumstances were not created by the owner/operator of the UST system, are not merely financial, and are not due to or the result of general conditions affecting each member of the regulated community;

(5)

The variance will not substantially weaken the general purposes of this division or the regulations herein established for the regulated area of the recharge zone; and

(6)

The variance will not cause a conflict with a more stringent state or federal regulation, or with any provision of Chapter 35 of this Code.

(b)

Request for variance. All requests for variance shall be made in writing to the resource protection and compliance department and shall include the subject of the requested variance and a justification for granting the variance.

(c)

Burden. The party requesting a variance to application of this division has the burden of demonstrating that sufficient cause exists for the granting of the variance, and the resource protection and compliance department shall consider and provide a written response to the request for variance within twenty (20) working days from the date a valid request for variance is received. The resource protection and compliance department shall serve its response by certified mail, return receipt requested, or by hand delivery.

(d)

If granted. If a variance is granted, whether as requested or with modification, the recipient of the variance shall be subject to all applicable provisions of this division to the extent such provisions have not been specifically waived or modified by the variance.

(e)

Term. A variance granted under this section shall have a term of three (3) years from the date of issuance. Any activity which would otherwise be prohibited by this division but for the existence of the variance shall not be allowed to continue after the expiration of the specified term.

(f)

Appeal. Any person who has properly requested a variance pursuant to this section and subsequently objects to a decision of the resource protection and compliance department denying all or part of the relief requested, may appeal such denial by filing a request for appeal, in writing, with the president/CEO of the San Antonio Water System, within ten (10) working days from the date the requesting party receives the notice of denial. The request for appeal shall include all pertinent information which the person requesting the appeal wishes to be considered. The president/CEO may require additional information from, or request a meeting with, the person making the appeal. The written decision of the president/CEO or his designee on the appeal shall be rendered within fifteen (15) working days from the date the appeal is received by the president/CEO, and shall be delivered to the appealing party by certified mail, return receipt requested, or by hand delivery. If the president/CEO, or his designee fails to render an opinion on the appeal within the fifteen-day period, the relief requested in the appeal shall be considered to have been wholly denied. The decision of the president/CEO on the issuance of a variance shall be considered final.

(Ord. No. 83200, § 1(App. I), 11-16-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06)