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<br />KCHD ORDINANCE 1999- 51 SOLID WASTE REGULATIONS <br />(2) Appellant Defined. The appellant shall be the applicant for a solid waste permit or holder of a <br />solid waste permit who appeals a decision denying, suspending or revoking a solid waste <br />permit. <br />(3) Appeal Procedure. The appeal procedure shall be carried out through the appeals process <br />specified in VII.E.3.f. <br />F. Variances <br />1. Applicability. <br />Any person who owns or operates a solid waste facility may apply to the Health Officer for a variance <br />from any section of these regulations. The application shall be accompanied by such information as the <br />Health Officer may require. The Health Officer may grant such variance, but only after due notice (or a <br />public hearing) if it finds that: <br />a. The solid waste handling practices or site location do not endanger public health, safety or the <br />environment; and <br />b. Compliance with the regulation from which variance is sought would produce hardship without <br />equal or greater benefits to the public. <br />2. Application. <br />a. An application for a variance, or for the renewal thereof, submitted to the Health Officer shall be <br />approved or disapproved by the Health Officer within ninety (90) days of receipt unless the <br />applicant and the Health Officer agree to a continuance. <br />b. Notice shall be given by mailing a notice of the variance application to persons who have written to <br />the Health Officer asking to be notified of all variance requests. <br />3. Granting Requirements. <br />a. No variance shall be granted pursuant to this section until the Health Officer has considered the <br />relative interests of the applicant, other owners of property likely to be affected by the handling <br />practices and the general public. <br />b. Any variance or renewal shall be granted within the requirements of this section and for time period <br />and conditions consistent with the reasons therefore, and within the following limitations: <br />(1) If the variance is granted on the grounds that there is no practicable means known or available <br />for the adequate prevention, abatement or control of pollution involved, it shall be only until <br />the necessary means for prevention, abatement or control become known and available and <br />subject to the taking of any substitute or alternative measures that the Health Officer may <br />prescribe; <br />(2) The Health Officer may grant a variance conditioned by a time table if: <br />(A) Compliance with this regulation will require spreading of costs over a considerable time <br />period; and <br />(B) The timetable is for a period that is needed to comply with this regulation.