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)
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