ARM 17.36.922. LOCAL VARIANCES

(1) As provided in this rule, a local board of health, as defined in 50-2-101, MCA, may grant variances from the requirements in this subchapter and in Department Circular DEQ-4, except for requirements established by statute. (2) The local board of health may grant a variance from a requirement only if it finds that all the following criteria are met: (a) granting the variance will not: (i) contaminate any actual or potential drinking water supply; (ii) cause a public health hazard as a result of access to insects, rodents, or other possible carriers of disease to humans; (iii) cause a public health hazard by being accessible to persons or animals; (iv) violate any law or regulation governing water pollution or wastewater treatment and disposal, including the rules contained in this subchapter except for the rule that the variance is requested from; (v) pollute or contaminate state waters, in violation of 75-5-605, MCA; (vi) degrade state waters unless authorized pursuant to 75-5-303, MCA; or (vii) cause a nuisance due to odor, unsightly appearance, or other aesthetic consideration; (b) compliance with the requirement from which the variance is requested would result in undue hardship to the applicant; (c) the variance is necessary to address extraordinary conditions that the applicant could not reasonably have prevented; (d) no alternatives that comply with the requirement are reasonably feasible; and (e) the variance requested is not more than the minimum needed to address the extraordinary conditions. (3) The local board of health's decision regarding a variance of a requirement in this subchapter or in Department Circular DEQ-4 may be appealed to the department pursuant to ARM 17.36.924.