(1) A person may apply for a variance from solid waste management rules contained in ARM Title 17, chapter 50, subchapter 5, on forms obtained from the department. Such forms must contain at least the following information:

(a) Name and business address of applicant.

(b) Legal and general description of the location of the solid waste management system for which the variance is being requested including documentation of ownership, lease or rental agreement.

(c) Population served by the system.

(d) Citation of administrative rule from which a variance is requested.

(e) Documentation of liability insurance coverage.

(f) Financial statements of the operation costs of the solid waste management system including sources of revenues and the proposed costs to operate the system in compliance with the rule from which a variance is sought.

(g) Copy of a return receipt of a certified letter sent to each owner of real property which is contiguous to the real property on which the solid waste management system is located and to the owner, if other than the applicant, of the real property on which the solid waste management system is located.

(i) The certified letter required in (g) of this rule must state: "I, (name of applicant), intend to apply to the Board of Environmental Review of the State of Montana for a variance from (citation of rule from which variance is sought), which states: (text of rule). A hearing will be scheduled before the Board on the variance application. For further information, you may contact the Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901, (406) 444-5300."

(h) A compliance plan indicating the dates by which improvements will be implemented at the solid waste management system to bring it into compliance with the rule from which a variance is sought.

(2) An application for a variance is not considered filed until the applicant has submitted all information and completed all application forms required by (1) of this rule.

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