§ 32-176. Stormwater Management Variance.

The Department may grant a written variance from any requirement of this Division if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the Division. A written request for a variance shall be provided to the Director stating the specific variance sought and appropriate justification. The Department shall not grant a variance unless and until sufficient justification is provided by the permittee developing land that the implementation of ESD to MEP has been investigated thoroughly and the Department has provided notice to the Council. The justification shall include an explanation of why the requirement of the Division cannot be met and the reasons why the alternative practices cannot be provided.

(CB-15-2011)