4.12.741 VARIANCE PROCEDURE
(1) The Montana department of agriculture may grant a temporary or
permanent variance if it finds that:
(a) the present or proposed anhydrous ammonia facility does not constitute a
danger to public health or safety and;
(b) compliance with the rules from which the variance is sought would
produce hardship without equal or greater benefits to the public.
(2) No variance or temporary variance may be granted except after public
hearing on due notice and until the Montana department of agriculture has
considered the relations interests of the applicant, other owners or property
likely to be affected by the anhydrous ammonia facility, and the general
(3) The variance or temporary variance may be renewed if no complaint is
made to the department because of it or if, after the complaint has been made
and duly considered at a public hearing held by the department of agriculture
on due notice, the department finds that the renewal is justified. No renewal
may be granted except on application therefore. An application shall be made at
least 60 days before the expiration of the variance or temporary variance. A
renewal pursuant to this subjection shall be on the same grounds and subject to
the same limitations and requirements as provided in subsection (1) .
(4) Variance or temporary variance, or renewal thereof is not a right of the
applicant or holder thereof but shall be granted at the discretion of the
department of agriculture. However, a person adversely affected by a variance
or temporary variance, or renewal granted by the department may obtain judicial
(5) Nothing in this section and no variance, temporary variance, or renewal
granted pursuant to this section may be
construed to prevent or limit
the application of 80-10-303(5) MCA, pre-existing facilities.
If the department determines that a danger exists to health, safety or welfare
that was not known at the time of issuance of the variance, then the variance,
or temporary variance may be revoked.
History: Sec. 80-10-503, MCA; IMP, Sec. 80-10-503, MCA; NEW, 1986 MAR p. 1820, Eff. 10/31/86.