§ 222-53. Variance permit—Hearing; notice; action of board.  


Latest version.
  • Except where specified in a variance permit as herein provided, it shall be unlawful for any person knowingly to cause air pollution or knowingly to permit it to be caused in violation of this division or of any resolution, rule or regulation promulgated hereunder. The board of county commissioners of Brevard County on its own motion may, upon petition of an interested person, hold a hearing to determine to what extent, if any, and under what conditions a variance from the requirements established herein will be permitted. Ten days' notice of the time and place of the hearing shall be given to the petitioner and to the control officer, if any. If the board of county commissioners finds that because of conditions beyond control, compliance with requirements established herein, or the board's resolutions, rules and regulations or orders would result in an arbitrary and unreasonable taking of property, or in the practical closing or elimination of any lawful business, occupation or activity, in either case without sufficient corresponding benefit or advantage to the public in the control or prevention of air pollution, it shall prescribe other and different requirements applicable to plants and equipment operated by named classes of industries or persons, or separate persons.

(Laws of Fla. ch. 59-1119, § 20)