NRS459.546. 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.

      (Added to NRS by 1989, 1455; A 2005, 1505)