(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.