§ 124-6-1. Exceptions.

A.

Exceptions to the provisions of Articles 4 or 5 of this Chapter may be granted by the Director. An exception may be granted provided that:

1.

The exception is the minimum necessary to afford relief;

2.

Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of the Act and this Chapter are preserved;

3.

Granting the exception will not confer any special privileges that are denied in other similar circumstances; and

4.

Exception requests are not based upon conditions or circumstances that are self-imposed or self-created.

B.

Economic hardship alone is not sufficient reason to grant an exception from the requirements of this Chapter.

C.

Under no circumstance will an exception to the requirement that the land-disturbing activity obtain required state permits be granted nor will the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website be approved except where allowed under Article 5.

D.

Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available through § 124-4-5 have been considered and found not available.

E.

In no instance shall the requirement for BMPs meeting the provisions of the Water Supply Protection Overlay District be modified or waived except where existing site characteristics make the provision impractical or unreasonable on-site and an alternative provision is not or cannot be accommodated off-site, and where it can be established that the modification or waiver will not affect the achievement of the water quality goals for the public water supply watershed as set forth in the adopted comprehensive plan. (08-14-124.)