Nevada Public Health and Safety
Sec. § 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.
Source
Last accessed
Dec. 9, 2019