24.0141 Variance-Hearing-Decision.

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(a) The Commission may grant a variance if, after public hearing on due notice, it finds that:

(1) the emissions or discharges occurring or proposed to occur do not endanger or tend to endanger human health or safety; and

(2) compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(b) No variance shall be granted pursuant to this section until the Commission has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.

History: 1972, PL 12-45 § 1.