A. Any person required under this chapter to implement a structural or treatment control best management practice may petition to the city council to waive that requirement as impractical, provided the petitioner has in good faith considered and rejected as not feasible all such practices available.
B. The city council may waive a structural or treatment control best management practice as impractical if the city council finds that:
1. Inadequate space for treatment exists on a redevelopment project; or
2. Soil conditions strongly disfavor the use of infiltration; or
3. The natural land surface where the BMP would be located lies:
a. Above a known unconfined aquifer; or
b. Less than ten feet above an existing or potential source of drinking water.
c. Any petition for waiver not falling within the foregoing categories shall be forwarded to the regional board for consideration. (Ord. 917-02 § 1 (part))