Section ENV.06.15 — Variances

(a) The Tribal Council may grant variances from the requirements of this Ordinance, if it is determined that the activity will not harm groundwater. The following procedure shall apply.

(1) A written application for the variance shall be submitted to the Tribal Council Secretary by the applicant that describes the proposed activity and how it varies from those permitted.

(2) The Tribal Council Secretary shall forward copies of the application to the Tribal Council and appropriate tribal departments, including Environmental, Land Management and Utilities. The departments shall provide comments on the proposed variance to the Tribal Council.

(3) A date for public discussion of the variance application with the Tribal Council shall be set for not more than 45 days after receipt of the application. A notice of the application and the date it will be discussed shall be publicized at least 2 weeks prior to this discussion.

(4) Following the public discussion of the application before the Tribal Council, the Council shall consider the impacts of the proposed variance and assess whether there is a negative impact to groundwater. In doing so, the Tribal Council shall consider the comments received from tribal departments and during the public discussion.

(5) The Tribal Council shall issue a written decision as to whether the variance will be granted, granted with stipulations governing the proposed activity, or denied.

(6) The Tribal Council may revoke or modify a variance if they determine that the activity authorized in the proposed variance has or will have a negative impact or if they determine that such a revocation or modification is in the best interests of the Tribe.

(b) Variances are limited to the activities described in the application and are subject to any stipulations required by the Tribal Council. If the applicant does not act upon the variance within two (2) years after it is granted, the applicant must apply for and receive a new variance before the proposed activity may be undertaken.