Section 16-205. Variances

a. There shall be in the department a solid waste
  management board consisting of the  commissioner,  the  commissioner  of
  consumer  affairs  and the executive director of the office for economic
  development, all of whom shall serve on the board  without  compensation
  and  all  of  whom  shall  have the power to exercise or delegate any of
  their functions, powers and duties as members of the board.  Such  board
  may  grant variances from a regulation or modify assignments or rates of
  the commissioner involving the transportation,  storage,  processing  or
  disposal  of  solid  waste when such board finds that such regulation or
  order would impose unreasonable economic hardship. The specific terms of
  any variance granted shall be determined by such board on a case by case
  basis. Any person seeking a variance shall do so  by  filing  with  such
  board  a  petition for variance in a form prescribed by such board. Such
  forms shall document the need for a variance.
    b. Exemptions from formal variance request procedures may be made  for
  day-to-day   operational   hardships  such  as  equipment  failure.  The
  commissioner may grant temporary facility and time assignment  variances
  to  persons  who  report  such  hardships  to the commissioner. Proof of
  hardship must be submitted to the commissioner within the time frame set
  by the commissioner. Subsequent exemptions may be withheld  for  failing
  to submit proof of hardship for any prior request.