Nevada § 459.546 - Variances: Conditions and criteria for granting; revocation

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

1. Except as otherwise provided in subsection 4, the owner or operator of a facility

for the treatment, storage or disposal 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 .