NRS445B.400. Conditions and criteria for granting variance; power to revoke.

      1.  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)—(Substituted in revision for NRS 445.506)