Section 20-103. VARIANCE

 

103.1Each person required to perform an act by this subtitle may be excused by the  Mayor from the performance of the act, either in whole or in part, upon a finding by the Mayor that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or the impracticability of bringing the activity into full compliance with the requirements of this subtitle; Provided, that a variance may be granted only where, and to the extent necessary to ameliorate the exceptional or undue hardship, and only when compensating factors are present which give adequate protection to the public health or welfare, and assure that the intent and purpose of this subtitle, are not impaired.

 

103.2A person requesting a variance shall submit a written request for the variance, together with the supporting data and analyses that may be required by the Mayor.

 

103.3The request for a variance shall be filed with the Mayor, within the period specified in order for compliance, and shall include the following:

 

(a)The nature of the act required to be performed;

 

(b)The exceptional or undue hardship which would result from its performance; and

 

(c)Any variance from the terms of the notice and requirements of this subtitle which the person may seek.

 

103.4A variance is granted for the operation of diesel locomotives on common carrier railroads in the District.

 

103.5A variance may be granted for experimental and research activities; Provided, that the requirements of §§103.1 - 103.3 are otherwise met.

 

103.6All requests for variances shall be published in the District of Columbia Register, at the expense of the applicant, if over five dollars ($5.00), at least thirty (30) days before the Mayor rules on the request. The published notice shall briefly set forth the information contained in the applicant's written request. Any person may submit comments on the request within thirty (30) days of the published notice.

103.7The Mayor shall maintain a written record of all variances granted and denied. The record shall include all bases for the grant or denial, and shall be available for public inspection.

 

103.8Each variance shall be granted for only one (1) year, and may be renewable annually if the Mayor finds that the intent and purpose of this subtitle are not impaired. A renewal shall be granted only upon application, which shall be made at least ninety (90) days prior to the expiration of the variance. The requirements of § 103.6 shall apply in cases of renewal.

 

103.9Nothing in this section shall be construed to permit any operation in violation of this subtitle during the pendency of a request for a variance.

 

103.10Nothing in this section, and no variance or renewal granted pursuant to this section, shall be construed to prevent or limit the application of the emergency provisions and procedures of §401 to any person or his or her property.

 

source

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §103, 32 DCR 562, 568 (February 1, 1985).