Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 445B.400 - Conditions and criteria for granting variance; power to revoke1. The owner or operator of a source of air contaminant or a person who desires to establish such a source may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:(a) The emissions occurring or proposed do not endanger or tend to endanger human health or safety; and(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the public.2. A variance shall not be granted unless the Commission has considered the relative interests of first, the public; second, other owners of property likely to be affected by the emissions; and last, the applicant.3. The Commission may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.Added to NRS by 1971, 1197(Added to NRS by 1971, 1197)-(Substituted in revision for NRS 445.506 )