§ 485:42 — Variances and Exemptions

I. The department may, after notice and opportunity for hearing, grant one or more variances from an applicable state drinking water regulation to a public water system if the variance will not result in an unreasonable risk to the public health, and if:
(a) Because of the characteristics of the raw water sources reasonably available to the system, the system cannot meet the maximum contaminant levels of such drinking water regulation despite application of the best available technology, treatment techniques or other means. The department's finding of the best available technology treatment, treatment technique or other means may vary depending upon the number of persons served by the system or for other physical conditions related to engineering feasibility and cost of compliance with maximum contaminant levels as considered appropriate by the department; or
(b) Where a specified treatment technique for a contaminant is required by the state drinking water regulations, the system demonstrates to the department's satisfaction that such treatment technique is not required to protect the public health because of the nature of the raw water source. Variances may be conditioned on monitoring, testing, analyzing or other requirements to ensure the protection of the public health, and variances granted under subparagraph (a) shall include a compliance schedule under which the public water system will meet each contaminant level for which a variance is granted as expeditiously as is feasible.
II. The department may, after notice and opportunity for hearing, grant one or more exemptions from an applicable maximum contaminant level or treatment technique in the state drinking water rules to a public water system if:
(a) The exemption will not result in an unreasonable risk to the public health;
(b) The public water system is unable to comply with the rule due to compelling factors, which may include economic factors; and
(c) The public water system was in operation on the earliest effective date, under present or prior law, of the contaminant level or treatment technique requirement. Each exemption shall be conditioned on monitoring, testing, analyzing or other requirements to ensure the protection of the public health, and shall include a compliance schedule under which the public water system will meet each contaminant level or treatment technique for which an exemption is granted as expeditiously as is feasible, but not later than 12 months after the date of issuance of the exemption. The department may extend the final date for compliance provided in any schedule required under this section for a period not to exceed 3 years after the date of the issuance of the exemption if the public water system establishes that:
(1) The system cannot meet the standard without capital improvements which cannot be completed within the period of such exemption;
(2) In the case of a system which needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance; or
(3) The system has entered into an enforceable agreement to become part of a regional public water system; and the system is taking all practicable steps to meet the standards.
If a system serves fewer than 500 service connections and needs financial assistance for necessary improvements, an exemption granted under subparagraph (c)(1) or (c)(2) of this subparagraph may be renewed for one or more additional 2-year periods, if the system establishes that it is taking all practicable steps to meet the requirements of any compliance schedule established under this section.

Legislative History

1989, 339:1. 1996, 228:106, eff. July 1, 1996.