This text of Nevada § 459.546 (Variances: Conditions and criteria for granting; revocation) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 ord
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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 .