36.21.680    VARIANCES

(1) When, due to special circumstances beyond the control of the contractor, compliance with these minimum construction standards is impossible or otherwise unreasonably difficult, a variance may be requested from the board of water well CONTRACTORS prior to beginning or continuing construction of the well. The request for a variance shall be in writing and shall include:�

(a) the purpose of the well construction;

(b) the location of the well;

(c) name and address of the owner;

(d) distance to the nearest well, septic tank, drainfield, or other hazardous wastes--surface or subsurface;

(e) the unusual conditions existing at the well site;

(f) the reasons that compliance with the rules for minimum standards will not result in a satisfactory well;

(g) the proposed standards that the water well contractor believes will be adequate for his particular well; and

(h) a drawing with written explanation showing the pertinent features of the proposed well design and construction.

(2) If the board finds that special circumstances beyond the control of the contractor make compliance with existing standards impossible or otherwise unreasonably difficult, and finds that the proposed variance will adequately protect the public and the ground water RESOURCES, the board may approve the proposed construction by prescribing a variance for the particular well under consideration.

(3) The board shall act in writing on any requests for variances within 30 days after receipt of the request.

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History: 37-43-202(3), MCA; IMP, 37-43-202(3), MCA; NEW, 1986 MAR p. 1699, Eff. 10/17/86.