Nebraska § 71-5310 Director; authorize variances or exemptions to standards; procedure

Nebraska Statutes

§ 71-5310 — Director; authorize variances or exemptions to standards; procedure

Nebraska·Ch. 71 Public Health and Welfare

(1)The director may authorize variances or exemptions from the drinking water standards issued pursuant to section 71-5302 under conditions and in such manner as deemed necessary and desirable. Prior to July 1, 2026, such variances and exemptions shall be subject to the approval of the Advisory Council on Public Water Supply. Such variances or exemptions shall be permitted under conditions and in a manner which are not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act.

(2)Prior to granting a variance or an exemption, the director shall provide notice, in a newspaper of general circulation serving the area served by the public water system, of the proposed exemption or variance and that in

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(1) The director may authorize variances or exemptions from the drinking water standards issued pursuant to section 71-5302 under conditions and in such manner as deemed necessary and desirable. Prior to July 1, 2026, such variances and exemptions shall be subject to the approval of the Advisory Council on Public Water Supply. Such variances or exemptions shall be permitted under conditions and in a manner which are not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act.
(2) Prior to granting a variance or an exemption, the director shall provide notice, in a newspaper of general circulation serving the area served by the public water system, of the proposed exemption or variance and that interested persons may request a public hearing on the proposed exemption or variance. The director may require the system to provide other appropriate notice necessary to provide adequate notice to persons served by the system.
(3) If a public hearing is requested, the director shall set a time and place for the hearing and such hearing shall be held before the department prior to the variance or exemption being issued. Frivolous and insubstantial requests for a hearing may be denied by the director. An exemption or variance shall be conditioned on monitoring, testing, analyzing, or other requirements to insure the protection of the public health. A variance or an exemption granted shall include a schedule of compliance under which the public water system is required to meet each contaminant level or treatment technique requirement for which a variance or an exemption is granted within a reasonable time as specified by the director. Prior to July 1, 2026, the director's determination shall be subject to the approval of the Advisory Council on Public Water Supply.

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Legislative History

Source: Laws 1976, LB 821, § 10; Laws 1988, LB 383, § 8; Laws 1996, LB 1044, § 717; Laws 2001, LB 667, § 41; Laws 2002, LB 1062, § 54; Laws 2007, LB296, § 616; Laws 2021, LB148, § 79; Laws 2025, LB346, § 39. Operative Date: September 3, 2025