Upon receipt of a variance request, the Director shall contact the requestor to arrange
the date and time of an inspection to view the conditions for which the variance is
sought and to ascertain compliance with subsections A.1 through A.5 of this Section
22.206.217. The inspection shall be conducted within 30 days after a variance request is received,
unless a later inspection is agreed to by the requestor. The Director also shall notify
in writing all other persons identified in the variance request of the request and
of the opportunity to submit information or comments on the request. Comments about
a variance request must be received by the Department within 20 days after the date
of mailing the notification of a variance request.
C.
The Director shall decide whether to grant a variance within 30 days after the inspection
conducted pursuant to subsection 22.206.217.B. When a variance is authorized, conditions
or mitigating measures may be required as deemed necessary to ensure continued compliance
with subsections A.1 through A.5 of this Section 22.206.217 or to otherwise carry out the spirit and purpose of this Title 22. The variance decision shall be sent to the requestor and to all affected parties
identified in the written request for a variance and other interested parties who
submitted information or comments about a variance request.
D.
Records. The Director shall maintain a record in Department files of all variance
requests and decisions. The record shall include findings regarding compliance with
the conditions of subsections A.1 through A.5 of this Section 22.206.217 and any conditions or mitigating measures required by the Director in granting the
variance.
E.