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Nevada Revised Statutes Title 40. Public Health and Safety § 459.546. Variances: Conditions and criteria for granting; revocation

Current as of January 01, 2025 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 40. Public Health and Safety § 459.546. Variances: Conditions and criteria for granting; revocation - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-40-public-health-and-safety/nv-rev-st-459-546/

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