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, 2004 edition. (2) The local board of health may grant a variance from a requirement only if it finds that all conditions in these rules regarding the variance are met, and that granting the variance will not: (a) contaminate any actual or potential drinking water supply; (b) cause a public health hazard as a result of access to insects, rodents, or other possible carriers of disease to humans; (c) cause a public health hazard by being accessible to persons or animals; (d) 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; (e) pollute or contaminate state waters, in violation of 75-5-605 , MCA; (f) degrade state waters unless authorized pursuant to 75-5-303 , MCA; or (g) cause a nuisance due to odor, unsightly appearance or other aesthetic consideration. (3) The local board of health may adopt variance criteria in addition to those set out in (2) . (4) The local board of health's decision regarding a variance of a requirement in this subchapter or in department Circular DEQ-4, 2004 edition, may be appealed to the department pursuant to ARM 17.36.924.