D.C. Mun. Regs. r. 20-2705

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 20-2705 - VARIANCES AND TEMPORARY EXEMPTIONS

2705.1

The Mayor, upon application by a person, may grant a variance or a temporary exemption from the maximum permissible noise levels or time limitations established in the Act when strict compliance with these provisions would impose an undue hardship on the applicant, on the community, or on other persons. The decision of the Mayor shall be in writing and shall include a statement of the reasons for the action taken.

2705.2

In determining whether or not strict compliance with these provisions would impose an undue hardship, the Mayor shall balance the degree of hardship against the harm that would be caused by the granting of a variance or a temporary exemption. In making this determination, the Mayor shall consider the following:

(a) The location;

(b) The time of day when the noise will occur;

(c) The duration of the noise, its magnitude relative to the maximum permissible noise levels permitted under the Act;

(d) The possible obstruction or interference with vehicular or pedestrian traffic;

(e) The feasibility of bringing the noise into conformity with this act, including economic factors related to the age and useful life of the equipment;

(f) The number of people that would be affected by the granting of a variance or temporary exemption;

(g) The degree of hardship involved if the variance of temporary exemption is not granted; and

(h) Any other factors as are reasonably related to the impact of the noise on the health, safety, welfare, peace, and quiet of the community.

2705.3

A variance or temporary exemption shall be granted only to the extent necessary to ameliorate the undue hardship, consistent with the purpose and intent of this Act.

2705.4

Nothing in this section shall be construed to permit any operation in violation of the Act during the pendency of a request for a variance or a temporary exemption.

2705.5

Nothing in this section and no variance or temporary exemption shall be construed to prevent or limit the application of the emergency procedures established under § 2711 of this chapter.

D.C. Mun. Regs. r. 20-2705

Section 7 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5319 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3729 (July 19, 1996)