§ 72-967. Modification of requirements.

Any person affected by this division may petition the EMD for modification from the prohibitions and monitoring requirements of this division, provided that the person demonstrates by a preponderance of competent, substantial evidence that special or unusual circumstances and adequate technology exists to isolate the facility or activity from the potable water supply in the event of a spill. In granting or denying modification, the EMD shall consider the following criteria:

(1)

Hazardous substances inventory;

(2)

Containment;

(3)

Emergency collection devices;

(4)

Emergency plan;

(5)

Daily monitoring;

(6)

Equipment maintenance;

(7)

Reporting of spills;

(8)

Potable water well monitoring;

(9)

Groundwater monitoring;

(10)

Alterations/expansions;

(11)

Reconstruction after catastrophe (fire, vandalism, flood, explosion, collapse, wind, war or other);

(12)

Other criteria, as applicable to groundwater protection issues.

The EMD may attach any appropriate conditions and safeguards which are necessary to protect the well field pursuant to such modified requirements.

(Ord. No. 90-33, § LVIII, 9-27-90; Ord. No. 2008-25, § III, 12-4-08)