(1) Except as provided in (6), the department may approve a research, development, and demonstration plan included as a condition in the license for a new Class II landfill unit, existing Class II landfill unit, or lateral expansion of an existing Class II landfill unit, for which the licensee proposes to utilize innovative and new methods that vary from either or both of the following criteria if the Class II landfill unit has a leachate collection system designed and constructed to maintain less than a 30-centimeter depth of leachate on the liner:

(a) the run-on control systems in ARM 17.50.1109(1); and

(b) the liquids restrictions in ARM 17.50.1111(1).

(2) The department may approve a research, development, or demonstration plan for a new Class II landfill unit, existing Class II landfill unit, or lateral expansion of an existing Class II landfill unit, for which the licensee proposes to utilize innovative and new methods which vary from the final cover criteria of ARM 17.50.1403(1)(a), (1)(b), and (2)(a), provided the licensee demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of ground water or surface water, or cause leachate depth on the liner to exceed 30 centimeters.

(3) Any plan approved under this rule must include terms and conditions that are at least as protective as the criteria for Class II landfill units to assure protection of human health and the environment. Such plans must:

(a) provide for the construction and operation of such landfill units for not longer than three years, unless renewed pursuant to (5);

(b) provide that the Class II landfill unit may receive only those types and quantities of municipal solid waste and nonhazardous wastes that the department determines appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;

(c) include requirements as necessary to protect human health and the environment, including such requirements as necessary for testing and providing information to the department with respect to the operation of the landfill facility;

(d) require the owner or operator of a Class II landfill unit licensed under this rule to submit an annual report to the department showing whether and to what extent the site is progressing in attaining project goals. The report must include a summary of all monitoring and testing results, and any other operating information required by the department in the license; and

(e) require compliance with all applicable criteria in ARM Title 17, chapter 50, subchapters 4 through 14, except as approved under this rule.

(4) The department may order an immediate termination of all operations at the facility allowed under this rule or other corrective measures at any time the department determines that the overall goals of the project are not being attained, including protection of human health or the environment.

(5) An applicant for renewal of a plan approved under this rule shall include with its application for renewal a detailed assessment of the progress in achieving project goals, a list of problems and status with respect to problem resolution, and any other information or submittal that the department determines necessary to protect human health or the environment.

(6) The term of a plan approved under this rule may not exceed three years, and that of a renewal of an approved plan may not exceed three years.

(7) The total term for an approved plan for a project including renewals may not exceed 12 years.

(8) A licensee of a Class II facility operating under the small community exemption pursuant to ARM 17.50.1203 is not eligible for a variance, as provided by this rule, from ARM 17.50.1109(1) and ARM 17.50.1111(1).

(9) A licensee of a Class II facility that disposes of 20 tons of municipal solid waste per day or less, based on an annual average, is not eligible for a variance from ARM 17.50.1403(2)(a), except in accordance with ARM 17.50.1403(3).