§ 459-15. Waivers.

Upon written application to the Department by a person utilizing County-owned property, a waiver of the prohibition in § 459-9A of this article may be granted upon such terms and conditions as deemed appropriate at the Commissioner's sole discretion. The decision to grant a waiver shall be based upon the following factors:

A. 

Whether the waiver application is in general conformity with this article;

B. 

Whether the uses of groundwater, surface water and drinking water supplies will be impaired;

C. 

Whether the application conforms to a comprehensive management plan and/or well-accepted best management practices; and

D. 

Whether the proposed use can be modified so that the project will not require a waiver.