11.165.060 Request for waiver.
Applicants for developments that are subject to this regulation may request a waiver of some or all of this regulation’s provisions hereof in accordance with the following requirements:
(a) Procedural Requirements.
(1) A request for waiver (“request”) shall be in writing and shall be filed with WSSC’s Corporate Secretary. Each filing shall consist of one paper original and one paper copy, and must be executed by a duly authorized officer, director or principal of the applicant.
(2) A request shall be filed no more than 30 days after the occurrence of the facts and circumstances on which the request relies in demonstrating compliance with the legal standard set forth herein. A request shall be complete upon filing, and shall contain documents, records and other evidence supporting all assertions of fact therein.
(3) To demonstrate that grant of the request is in the public interest, the applicant shall include with its request a signed letter from the County Executive and/or the Chair of the County Council in which the development is located stating that the County Executive and/or Chair: carefully reviewed the request; understands why the request is necessary; supports the request; and recommends grant of the request by the Commission.
(4) Upon receipt, the Corporate Secretary shall: (a) assign a log number to the request, (b) notify the Chair and Vice-Chair of receipt of the request; (c) arrange to have notice of the request appear on WSSC’s Internet homepage (www.wsscwater.com) within three business days of receipt; and (d) forward the original to the General Manager/CEO.
(5) Upon receiving the request from the Corporate Secretary, the General Manager/CEO shall have 30 days to review the request, assess its merits and prepare a recommendation to the Commission regarding the request’s disposition. In preparing a recommendation, the General Manager/CEO may consider any public comment received during the 30-day period.
(6) The Commission shall act on the request within 60 days of receiving the General Manager/CEO’s written recommendation, which time period may be extended by agreement of the applicant and the General Manager/CEO. The Corporate Secretary shall notify the applicant in writing of the Commission’s action on the request within five business days thereof.
(b) Commission Action and Legal Standard.
(1) The Commission may deny the request or grant it in whole or in part. The Commission may impose conditions it deems appropriate on any grant of the request.
(2) Any grant in whole or in part shall be based on the Commission’s determination that:
(i) Considering the specific facts and circumstances presented in the request, application of those regulation provisions for which a waiver is sought will be unduly burdensome or will cause an undue hardship;
(ii) The underlying purpose of the regulation will be disserved or frustrated by applying its requirements to the facts and circumstances set forth in the request; and
(iii) The granting of the request will be in the public interest. (REG-IFSM-EC-2016-007)