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RULES AND
REGULATIONS REVIEW COMMITTEE |
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ITEM: DISCUSSION ITEM |
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4. |
DISCUSS AMENDING RULE 90, VARIANCE, TO LIMIT THE TIME PERIOD FOR FILING
A REQUEST FOR VARIANCE |
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Meeting
Date: |
October 19, 2011 |
Budgeted: |
N/A |
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From: |
David J.
Stoldt, |
Program/ |
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General
Manager |
Line Item No.: |
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Prepared
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Cost
Estimate: |
N/A |
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General Counsel Approval: N/A |
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Committee Recommendation: N/A |
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CEQA Compliance: N/A |
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SUMMARY: The Board referred this topic to the Rules and
Regulations Committee on August 15, 2011.
At the August Board meeting, the Board considered a variance request for
a condition to a Water Permit that was issued in 1994. During discussion on the variance request,
Director Markey questioned the length of time that had passed between the
permit and the variance and requested that a possible rule change be
considered.
District Rule 90,
Variance, reads as follows:
RULE 90 - VARIANCE
The Board may, after holding a public hearing, in specific
cases, grant a variance from any provision of the standards incorporated into
these Rules and Regulations whenever it finds: (a) that Special Circumstances
exist in a particular case, and (b) that practical difficulties or Undue
Hardship would result from the strict interpretation and enforcement of any
such standard, and (c) that the granting of such a variance would not tend to
defeat the purposes of these Rules and Regulations. The Board may place
conditions upon such variances. Each application for variance concerning
Regulation X, Rules 100-104, and concerning Rule 171 shall be processed
pursuant to the provisions of Rule 92.
Upon hearing the variance, the Board shall also have the discretion in
unusual matters to reduce and rebate in full or in part the fee for appeal
otherwise set by Rule 60.
Rule added by Ordinance No.
3 (7/11/80); amended by Ordinance No. 5 (4/13/81); Ordinance No. 7 (7/13/81);
Ordinance No. 6 (5/11/81); Ordinance No. 63 (6/15/92); Ordinance No. 125
(9/18/2006)
RECOMMENDATION: The Rules and Regulations Committee should review Rule 90, discuss the merits of limiting the window of time to file a variance request and provide direction to staff.
EXHIBITS
None
U:\staff\word\committees\RulesRegsReview\2011\20111019\04\item4.doc