Section 34A-1-27 - Findings required for grant of variance.
34A-1-27. Findings required for grant of variance. The board may grant a variance from rules or regulations governing the quality, nature, duration, or extent of emissions, but only after proceedings under chapter 1-26, if it finds that:
(1) The emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety; and
(2) Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.
Source: SL 1970, ch 203, § 12; SDCL Supp, § 34-16A-33; revised pursuant to SL 1972, ch 15, § 4.