§ 23-23-15 Variances. – (a) Upon application and after a hearing, the director may suspend theenforcement of the whole or any part of this chapter or of any rule orregulation promulgated under this chapter in the case of any person who shallshow that the enforcement of this chapter would constitute undue hardship onthat person without a corresponding benefit or advantage obtained by it;provided, that no suspension shall be entered deferring compliance with arequirement of this chapter or the rules and regulations promulgated under thischapter, unless that deferral is consistent with the provisions and proceduresof the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
(b) In determining under what conditions and to what extentthe variance may be granted, the director shall give due recognition to theprogress which the person requesting the variance shall have made ineliminating or preventing air pollution. In this case, the director shallconsider the reasonableness of granting a variance conditioned on the person'seffecting a partial abatement of the pollution or a progressive abatement ofthe pollution or any other circumstances that the director may deem reasonable.No variance shall be granted to any person applying for it who is causing airpollution which creates a danger to public health or safety.
(c) Any variance granted under this chapter shall be grantedfor any period of time, not exceeding one year, as the director shall specify,but any variance may be continued from year to year. No variance shall beconstrued as to relieve the person receiving it from any liability imposed bylaw for the commission or maintenance of a nuisance nor shall there be anyappeal from a denial of a variance.
(d) Notwithstanding the limitations of this section, thedirector may, upon application, defer compliance with the whole or any part ofthis chapter or of any rule or regulation promulgated under this chapter wherecompliance is not possible because of breakdowns or malfunctions of equipment,acts of God, or other unavoidable casualties; provided, that this order shallnot defer compliance for more than three (3) months.
§ 23-23-15 Variances. – (a) Upon application and after a hearing, the director may suspend theenforcement of the whole or any part of this chapter or of any rule orregulation promulgated under this chapter in the case of any person who shallshow that the enforcement of this chapter would constitute undue hardship onthat person without a corresponding benefit or advantage obtained by it;provided, that no suspension shall be entered deferring compliance with arequirement of this chapter or the rules and regulations promulgated under thischapter, unless that deferral is consistent with the provisions and proceduresof the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
(b) In determining under what conditions and to what extentthe variance may be granted, the director shall give due recognition to theprogress which the person requesting the variance shall have made ineliminating or preventing air pollution. In this case, the director shallconsider the reasonableness of granting a variance conditioned on the person'seffecting a partial abatement of the pollution or a progressive abatement ofthe pollution or any other circumstances that the director may deem reasonable.No variance shall be granted to any person applying for it who is causing airpollution which creates a danger to public health or safety.
(c) Any variance granted under this chapter shall be grantedfor any period of time, not exceeding one year, as the director shall specify,but any variance may be continued from year to year. No variance shall beconstrued as to relieve the person receiving it from any liability imposed bylaw for the commission or maintenance of a nuisance nor shall there be anyappeal from a denial of a variance.
(d) Notwithstanding the limitations of this section, thedirector may, upon application, defer compliance with the whole or any part ofthis chapter or of any rule or regulation promulgated under this chapter wherecompliance is not possible because of breakdowns or malfunctions of equipment,acts of God, or other unavoidable casualties; provided, that this order shallnot defer compliance for more than three (3) months.
§ 23-23-15 Variances. – (a) Upon application and after a hearing, the director may suspend theenforcement of the whole or any part of this chapter or of any rule orregulation promulgated under this chapter in the case of any person who shallshow that the enforcement of this chapter would constitute undue hardship onthat person without a corresponding benefit or advantage obtained by it;provided, that no suspension shall be entered deferring compliance with arequirement of this chapter or the rules and regulations promulgated under thischapter, unless that deferral is consistent with the provisions and proceduresof the federal Clean Air Act, 42 U.S.C. § 7401 et seq.
(b) In determining under what conditions and to what extentthe variance may be granted, the director shall give due recognition to theprogress which the person requesting the variance shall have made ineliminating or preventing air pollution. In this case, the director shallconsider the reasonableness of granting a variance conditioned on the person'seffecting a partial abatement of the pollution or a progressive abatement ofthe pollution or any other circumstances that the director may deem reasonable.No variance shall be granted to any person applying for it who is causing airpollution which creates a danger to public health or safety.
(c) Any variance granted under this chapter shall be grantedfor any period of time, not exceeding one year, as the director shall specify,but any variance may be continued from year to year. No variance shall beconstrued as to relieve the person receiving it from any liability imposed bylaw for the commission or maintenance of a nuisance nor shall there be anyappeal from a denial of a variance.
(d) Notwithstanding the limitations of this section, thedirector may, upon application, defer compliance with the whole or any part ofthis chapter or of any rule or regulation promulgated under this chapter wherecompliance is not possible because of breakdowns or malfunctions of equipment,acts of God, or other unavoidable casualties; provided, that this order shallnot defer compliance for more than three (3) months.
