NRS 459.546 Variances: Conditions and criteria for granting; revocation.

241 words·~1 min read·/nv/chapter-459-hazardous-materials/459-546·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the management of hazardous waste or a person who wishes to construct such a facility may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after a public hearing on due notice, it finds from a preponderance of the evidence that:

(a)The facility or proposed facility, under the worst adverse conditions, does not or will not endanger or tend to endanger the environment and human health or safety; and

(b)Compliance with the regulations would produce serious hardship without equal or greater benefits to the environment or public.

2. The Commission shall not grant a variance unless it has considered in the following order of priority the interests of:

(a)The public;

(b)Other owners of property likely to be affected by the emissions or discharge; and

(c)The applicant.

3. The Commission may:

(a)Upon granting a variance, impose certain conditions upon the applicant; or

(b)Revoke the variance if the applicant fails to comply with those conditions.

4. The Commission shall not grant a variance from its applicable regulations that would allow a facility for the disposal of hazardous waste to construct or operate a landfill in a manner that fails to comply with the requirements of subsection 7 of NRS 459.520 .