Commission may grant, modify and revoke variances--director to makerecommendation, when.
643.110. 1. The commission may grant individual variancesbeyond the limitations prescribed in this chapter whenever it isfound, upon presentation of adequate proof, that compliance withany provision of this chapter or any rule, requirement or orderof the commission or director will result in a taking of propertywithout just compensation or in the closing and elimination ofany lawful business, occupation or activity, without sufficientcorresponding benefit or advantage to the people; except, that novariance shall be granted where the effect of the variance willpermit the continuance of a health hazard; and except, also, thatany variance so granted shall not be so construed as to relievethe person who receives the variance from any liability imposedby other law for the commission or maintenance of a nuisance.
2. In determining under what conditions and to what extenta variance may be granted, the commission shall exercise a widediscretion in weighing the equities involved and the advantagesand disadvantages to the applicant and to those affected by aircontaminants emitted by the applicant.
3. Variances shall be granted for such period of time andunder such terms and conditions as shall be specified by thecommission in its order. The variance may be extended byaffirmative action of the commission.
4. Any person seeking a variance shall do so by filing apetition for variance with the director. The director shallpromptly investigate the petition and make a recommendation tothe commission as to the disposition thereof. Upon receiving therecommendation of the director, if the recommendation is againstthe granting of a variance, a hearing shall be held if requestedas provided in section 643.100. If the recommendation of thedirector is for the granting of a variance, the commission may doso without a hearing; except, that upon the petition of anyperson aggrieved by the granting of the variance, a hearing shallbe held as provided in section 643.100. In any hearing underthis section, however, the burden of proof shall be on the personpetitioning for a variance.
5. Upon failure to comply with the terms and conditions ofany variance as specified by the commission, the variance may berevoked or modified by the commission after a hearing held uponnot less than thirty days' written notice. The notice shall beserved upon all persons who will be subjected to greaterrestrictions if the variance is revoked or modified and allpersons who have filed with the director a written request fornotification.
6. The director shall take action within thirty days aftera petition has been filed and shall make a recommendation togrant or deny the petition for a variance within one hundredtwenty days. If the director fails to make a recommendationwithin the time period specified, the person seeking the variancemay request a hearing as provided in section 643.100.
Commission may grant, modify and revoke variances--director to makerecommendation, when.
643.110. 1. The commission may grant individual variancesbeyond the limitations prescribed in this chapter whenever it isfound, upon presentation of adequate proof, that compliance withany provision of this chapter or any rule, requirement or orderof the commission or director will result in a taking of propertywithout just compensation or in the closing and elimination ofany lawful business, occupation or activity, without sufficientcorresponding benefit or advantage to the people; except, that novariance shall be granted where the effect of the variance willpermit the continuance of a health hazard; and except, also, thatany variance so granted shall not be so construed as to relievethe person who receives the variance from any liability imposedby other law for the commission or maintenance of a nuisance.
2. In determining under what conditions and to what extenta variance may be granted, the commission shall exercise a widediscretion in weighing the equities involved and the advantagesand disadvantages to the applicant and to those affected by aircontaminants emitted by the applicant.
3. Variances shall be granted for such period of time andunder such terms and conditions as shall be specified by thecommission in its order. The variance may be extended byaffirmative action of the commission.
4. Any person seeking a variance shall do so by filing apetition for variance with the director. The director shallpromptly investigate the petition and make a recommendation tothe commission as to the disposition thereof. Upon receiving therecommendation of the director, if the recommendation is againstthe granting of a variance, a hearing shall be held if requestedas provided in section 643.100. If the recommendation of thedirector is for the granting of a variance, the commission may doso without a hearing; except, that upon the petition of anyperson aggrieved by the granting of the variance, a hearing shallbe held as provided in section 643.100. In any hearing underthis section, however, the burden of proof shall be on the personpetitioning for a variance.
5. Upon failure to comply with the terms and conditions ofany variance as specified by the commission, the variance may berevoked or modified by the commission after a hearing held uponnot less than thirty days' written notice. The notice shall beserved upon all persons who will be subjected to greaterrestrictions if the variance is revoked or modified and allpersons who have filed with the director a written request fornotification.
6. The director shall take action within thirty days aftera petition has been filed and shall make a recommendation togrant or deny the petition for a variance within one hundredtwenty days. If the director fails to make a recommendationwithin the time period specified, the person seeking the variancemay request a hearing as provided in section 643.100.
Commission may grant, modify and revoke variances--director to makerecommendation, when.
643.110. 1. The commission may grant individual variancesbeyond the limitations prescribed in this chapter whenever it isfound, upon presentation of adequate proof, that compliance withany provision of this chapter or any rule, requirement or orderof the commission or director will result in a taking of propertywithout just compensation or in the closing and elimination ofany lawful business, occupation or activity, without sufficientcorresponding benefit or advantage to the people; except, that novariance shall be granted where the effect of the variance willpermit the continuance of a health hazard; and except, also, thatany variance so granted shall not be so construed as to relievethe person who receives the variance from any liability imposedby other law for the commission or maintenance of a nuisance.
2. In determining under what conditions and to what extenta variance may be granted, the commission shall exercise a widediscretion in weighing the equities involved and the advantagesand disadvantages to the applicant and to those affected by aircontaminants emitted by the applicant.
3. Variances shall be granted for such period of time andunder such terms and conditions as shall be specified by thecommission in its order. The variance may be extended byaffirmative action of the commission.
4. Any person seeking a variance shall do so by filing apetition for variance with the director. The director shallpromptly investigate the petition and make a recommendation tothe commission as to the disposition thereof. Upon receiving therecommendation of the director, if the recommendation is againstthe granting of a variance, a hearing shall be held if requestedas provided in section 643.100. If the recommendation of thedirector is for the granting of a variance, the commission may doso without a hearing; except, that upon the petition of anyperson aggrieved by the granting of the variance, a hearing shallbe held as provided in section 643.100. In any hearing underthis section, however, the burden of proof shall be on the personpetitioning for a variance.
5. Upon failure to comply with the terms and conditions ofany variance as specified by the commission, the variance may berevoked or modified by the commission after a hearing held uponnot less than thirty days' written notice. The notice shall beserved upon all persons who will be subjected to greaterrestrictions if the variance is revoked or modified and allpersons who have filed with the director a written request fornotification.
6. The director shall take action within thirty days aftera petition has been filed and shall make a recommendation togrant or deny the petition for a variance within one hundredtwenty days. If the director fails to make a recommendationwithin the time period specified, the person seeking the variancemay request a hearing as provided in section 643.100.
