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Sec. 31.2-11 Variances. (a) The Administrator may grant variances to the technical requirements of Part II B or part C of the Regulations, provided that (i) the variance is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this Chapter are preserved, (iii) granting the variance will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created, (v) the variance will not substantially increase the flow rate of stormwater runoff, (vi) the variance will not have an adverse impact on a wetland, channel, water body or upstream and/or downstream of a receiving body of water, (vii) the variance will not contribute to the degradation of water quality, and (viii) the variance will not be of substantial detriment to adjacent property or adversely affect the character of adjoining neighborhoods. Economic hardship alone is not sufficient reason to grant a variance. (1) No variance to the requirement that the land-disturbing activity obtain the required VSMP Permit shall be given by the Administrator, nor shall the Administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or any other control measure not duly approved by the Administrator. (2) No variance to requirements for phosphorous reductions shall be allowed unless offsite options otherwise permitted pursuant to 9VAC-25-870-69 have been considered and found not available. (b) Nothing in this Section shall preclude an operator from constructing to a more stringent standard at their discretion. Sec. 31.2-12 Long-term maintenance of permanent stormwater facilities. (a) The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination or earlier as required by the Administrator and shall at a minimum: (1) Be submitted to the Administrator for review and approval prior to the approval of the stormwater management plan; (2) Be stated to run with the land;