50-70-114. Variances. (1) Any person who owns or is in control of any plant, building, structure, process, or equipment may apply to the department for an exemption or partial exemption from rules governing the quality, nature, duration, or extent of emissions of pollutants. The application must be accompanied by the information and data that the department may require.
     (2) The department may grant the exemption or partial exemption if it finds that:
     (a) the emissions occurring or proposed to occur do not constitute an immediate danger to the health and safety of the worker; and
     (b) compliance with the rules from which exemption is sought would produce hardship without equal or greater benefits to the worker.
     (3) An exemption or partial exemption may not be granted pursuant to this section except after a public hearing on notice and until the department has considered the relative interests of the applicant and the worker or workers involved.
     (4) An exemption or partial exemption pursuant to this section may not be granted for a period to exceed 1 year, but an exemption or partial exemption may be renewed if a complaint is not made to the department or if, after a complaint has been made and considered at a public hearing held by the department on notice, the department finds that renewal is justified. A renewal may not be granted except on application. Application for renewal must be made at least 60 days prior to the expiration of the exemption or partial exemption. Immediately prior to application for renewal, the applicant shall give public notice of the application in accordance with the rules of the department. Any renewal pursuant to this subsection must be on the same grounds and subject to the same limitations and requirements as provided in subsection (2)(a).
     (5) An exemption, partial exemption, or renewal is not a right of the applicant or holder but is in the discretion of the department.
     (6) This section and any exemption, partial exemption, or renewal granted may not be construed to prevent or limit the application of the emergency provisions and procedures of 50-70-117 to any person or the person's property.

     History: En. Sec. 12, Ch. 316, L. 1971; R.C.M. 1947, 69-4217; amd. Sec. 22, Ch. 37, L. 1979; amd. Sec. 328, Ch. 546, L. 1995.