36.12.123    VARIANCE REQUESTS

(1)  An applicant may make a written request for a variance from the requirements of ARM 36.12.121 or 36.12.1702 to the appropriate regional office on a form provided by the department.  The variance request must be: 

(a)  postmarked or sent electronically to the department by the deadline established at the preapplication meeting; or

(b)  if a preapplication meeting is not held, the applicant may include a request for variance with a filed application, or as part of a deficiency response pursuant to ARM 36.12.1501.

(2)  A variance request that is not submitted within the timeframe identified in (a) or (b) shall be denied.

(3)  The department shall grant or deny the variance within 30 business days of receipt of the written request. The department may only grant a variance request if it determines the application materials and data provide sufficient information to complete any necessary technical analyses and to evaluate the applicable criteria.

History: 85-2-113, MCA; IMP, 85-2-302, 85-2-307, 85-2-311, 85-2-330, 85-2-336, 85-2-341, 85-2-343, 85-2-344, 85-2-360, 85-2-361, 85-2-362, 85-2-402, 85-2-506, 85-2-508, MCA; NEW, 2023 MAR p. 1872, Eff. 1/1/24.