D.C. Mun. Regs. tit. 21, § 514
[Reserved]
Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500-15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, and its delegations of authority. Source: § 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; § 8.2:808, 24 DCR 792 (July 22, 1977)); as amended by § 9 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990 (D.C. Law 8-237; §8-2 808, 38 DCR 314, 320 (January 11, 1991)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).District of Columbia, Office of the Secretary
514 VARIANCES
514.1 Any person engaged in an operation, or operations, which may result in providing a source of pollution affecting the Potomac River or one of its tributaries, shall be excused by the Director from the performance of any act required by the provisions of this chapter, either in whole or in part, upon a finding that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or impracticality of bringing the operation into full compliance with the requirements of this chapter, in accordance with the provisions of this section.
514.2 A variance shall be allowed only where and to the extent necessary to ameliorate such exceptional or undue hardship, and only when compensating factors are present which give adequate protection to the public health and public welfare, and only where and to the extent the variance can be granted without impairing the intent and purpose of this chapter.
514.3 A record, open to inspection by the public, shall be maintained in the Department of each and every variance allowed under the terms of this section.
SOURCE: Section 2 of the Water Quality Standard Approval Act of 1977, D.C. Law 2-68, 24 DCR 6809 (February 17, 1978); 8 DCRR §8-2:814, Health Regulations (1065 Edition).
HISTORICAL NOTE: Prior to February 17, 1978, the District of Columbia published Final Rulemakings under Regulation No. 69-54, approved December 26, 1969, effective April 11, 1970, §8-2.804, and under Regulation No 71-28, approved August 27, 1971, 18 DCR 5 (September 6, 1971); §8-2.808.
EDITOR'S NOTE: D.C. Law 2-68 renumbered 8 DCRR §8.2:808 as 8 DCRR §8-2:814.