1. Except as otherwise provided in subsection 4, the owner or operator of a facility for the management 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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