(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 may be appealed to the department pursuant to ARM 17.36.924.