Montana § 75-10-206 Variance

Montana Statutes

§ 75-10-206 — Variance

Montana § 75-10-206

Title 75ENVIRONMENTAL PROTECTION

Ch. 10WASTE AND LITTER CONTROL

Part 2Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act

This text of Montana § 75-10-206 (Variance) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 75-10-206 (2026).

Text

75-10-206 . Variance.

(1)A person may apply to the board for a variance from rules adopted by the department pursuant to 75-10-204 , except for rules adopted pursuant to 75-10-204 (6). The board may grant a variance if it finds that:

(a)failure to comply with the rules does not result in a danger to public health or safety; or

(b)compliance with the rules from which a variance is sought would produce hardship without producing benefits to the health and safety of the public that outweigh the hardship.

(2)A variance may not be granted pursuant to this section except after a hearing pursuant to the Montana Administrative Procedure Act and consideration by the board of the relative interests of the applicant and owners of the property likely to be affected by the waste disposal system und

Free access — add to your briefcase to read the full text and ask questions with AI

75-10-206 . Variance. (1) A person may apply to the board for a variance from rules adopted by the department pursuant to 75-10-204 , except for rules adopted pursuant to 75-10-204 (6). The board may grant a variance if it finds that:
(a) failure to comply with the rules does not result in a danger to public health or safety; or
(b) compliance with the rules from which a variance is sought would produce hardship without producing benefits to the health and safety of the public that outweigh the hardship.
(2) A variance may not be granted pursuant to this section except after a hearing pursuant to the Montana Administrative Procedure Act and consideration by the board of the relative interests of the applicant and owners of the property likely to be affected by the waste disposal system under consideration.
(3) This section may not be construed as relieving the board from the obligation to comply with the Resource Conservation and Recovery Act of 1976, as amended, or as allowing the board to grant a variance less restrictive than that act.