NRS 445B.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.

Source: Section 445B.400 — Conditions and criteria for granting variance; power to revoke., https://www.­leg.­state.­nv.­us/NRS/NRS-445B.­html#NRS445BSec400.

Last Updated

Feb. 5, 2021

§ 445B.400’s source at nv​.us