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