Water Waste Variance Application Form

This application is for requesting a variance from Section 4-1-6 of the Water Waste Ordinance. The application will be considered pending on the date it is received by the Water Utility.

Variances are intended to be for a period of one year or less. Any variance granted will require the implementation of scheduled corrective measures for a one-year compliance strategy.

Once your application is received, enforcement activities will be suspended for the described area during the review process. A variance request does not affect enforcement of violations which occurred prior to your application.

The Water Waste Ordinance provides the framework for variance requests:

§ 4-1-8. VARIANCES AND APPEALS
The Executive Director shall be responsible for the enforcement of this article. The Executive Director may prescribe policies, rules, or regulations to carry out the intent and purposes of this article.

(A) Variances to § 4-1-4 (Watering Restrictions) and § 4-1-5 (Water Conservation Requirements for New Construction) and § 4-1-6 (Water Waste), and § [-4-1-7 (Special Permits).

(1) Administrative variances to the restrictions in §§ 4-1-4, 4-1-5, 4-1-6 and 4-1-7 may be issued by the Executive Director or his/her designee, provided that the general intent of this article has been met, compliance with this article is proven to cause practical difficulties and unnecessary hardship, and all options for abatement through modified water management have been exhausted. The criteria to determine hardship shall include level of capital outlay and time required to be in compliance with this article.

(2) Water Waste Variances may be issued for a period not to exceed one year and shall stipulate both short-term corrective measures and a schedule for completion of long-term corrective measures. Variances may be renewed on an annual basis if long-term corrective measures cannot be completed within one year.

It is your responsibility to provide detailed information to support your variance application. Your variance request must convincingly show that you have met all four of these criteria:

  1. the general intent of the ordinance has been met;
  2. compliance is proven to cause practical difficulties and unnecessary hardship;
  3. all options for abatement through modified water management have been exhausted;
  4. a plan exists to bring the property into compliance within one year.

Failure to abide by the conditions of a variance may result in revocation and enforcement actions. Please be sure your application includes a detailed schedule for compliance within one year.

This process may require a site inspection of the property. If the application involves landscape irrigation water, it is beneficial to have both the landscape maintenance contractor and the property manager or owner available during the site inspection. The Water Utility will contact you to schedule a site inspection.

You will be notified whether your application has been approved or denied.

If you require assistance to complete your application please contact the Water Waste Hotline at 842-9247 (Option 5).

Water Waste Variance Application Form

Describe in detail the reason for the variance request. Specifically, what is the nature of the water waste for which the variance is requested? What other factors contribute to this occurrence of water waste? On which portion of the described property does the water waste occur? Would immediate compliance threaten the health, safety or welfare of the public?
Describe how immediately stopping water waste would result in practical difficulty and unnecessary hardship. Provide supporting documentation.
If the variance request is related to an irrigation use, please complete Section A. If the variance sought for other use, complete Section B. All applicants should complete the compliance schedule.

Section A - For Irrigation Use Only

1. What is the square footage of irrigated property? Include a diagram if available. If more than 10,000 square feet, include the results of an irrigation audit conducted by a Certified Irrigation Auditor, or performed to the standards of the Irrigation Association - designate "Attachment B".
2. Describe the historical and current rate of usage for the property. Provide the monthly irrigation in gallons and/or precipitation equivalents for the preceding year. Designate as "Attachment C."
3. Approval of your application requires you to demonstrate that you have exhausted all practical means to avoid water waste. Describe in detail the efforts you have made to stop irrigation water waste and the dates they were implemented - designate as "Attachment D," if necessary. Attach copies of appropriate supporting documentation, if available.
4. What is the total cost to date of your efforts to stop water waste?
Provide a breakdown of total costs expressed in dollars or percentage of total:
5. How many personnel hours have been invested to stop water waste?
6. What is the projected cost to immediately stop water waste?

Section B - For Non-Irrigation Water Waste Only

1. What is the purpose of the water use?
2. How frequently is this activity conducted?
3. How many gallons of water are necessary to accomplish your goal?
4. Describe in detail your efforts to use alternative methods to accomplish your goal or to stop water waste.
5. What is the total cost to date of your efforts to stop water waste?
Provide a breakdown of total costs expressed in dollars or percentage of total:
6. How many personnel hours have been invested to stop water waste?
7. What is the projected cost to immediately stop water waste?

Section C - Proposed Compliance Schedule To be completed for all variance applications. Provide a detailed plan to comply with the water waste regulations within one year.