Variances may be granted only as follows:
A. The Board of Health may vary the application of these
regulations with respect to any particular case when, in its opinion,
the applicant has proven that the same degree of public health and
environment protection required under these regulations can be achieved
without strict application of a particular provision(s).
B. A variance request shall be in writing to the Board
of Health and shall include all the information/reasons and proposed
measure necessary to assure the protection of public health and the
environment. The applicant shall pay all costs in the evaluation of
the proposed variance. The Board of Health shall grant, modify or
deny a variance in writing and state the reasons for any denial.
The issuance of a well permit shall not be construed
as a guaranty by the Board of Health or its agents that the water
system will function satisfactorily nor that the water supply will
be of sufficient quality or quantity for its intended use.