NDAC 33.1-15-01-07
Variances
Cite as N.D. Admin. Code ยง 33.1-15-01-07
1.
Where upon written application of the responsible person or persons the department finds that
by reason of exceptional circumstances strict conformity with any provisions of this article
would cause undue hardship, would be unreasonable, impractical, or not feasible under the
circumstances, the department may permit a variance from this article upon such conditions
and within such time limitations as it may prescribe for prevention, control, or abatement of air
pollution in harmony with the intent of the state and any applicable federal laws.
2.
No variance may permit or authorize the creation or continuation of a public nuisance, or a
danger to public health or safety.