Section 125-D:6 Variances.
I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such person without equal or greater benefits to the public.
II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing emissions sources of acid depositions; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of emissions. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of emissions or a progressive abatement thereof or such other circumstances as the commissioner may deem reasonable. No variance shall be granted to any person applying therefor who is causing air pollution which creates a danger to public health, welfare, or safety.
III. Any variance granted under this section shall be granted for such period of time, not exceeding one year, as the commissioner shall specify. No variance shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance.
Source. 1998, 146:3, eff. June 8, 1998.