Haw. Code R. § 11-20-21 - Variance request

(a) A supplier of water seeking a variance shall submit a written request to the director. Suppliers of water may submit a joint request for variances when they seek similar variances under similar circumstances. Any written request for a variance or variances shall include the following information:

(1) The nature and duration of variance requested; and

(2) Relevant analytical results of water quality sampling of the public water system, including sampling of raw water relevant to the variance request.

(b) For any request made under section 11-20-20(a), the following shall be required:

(1) Full discussion of, and supporting data regarding, the best available treatment technology and techniques, including evidence of the inability of the public water system to comply despite the application of such technology and techniques;

(2) Information on economic and legal factors relevant to the ability to comply;

(3) A proposed compliance schedule, including the dates for achieving each step in the compliance schedule. Such schedule shall include as a minimum the following dates:

(A) Date by which arrangement for alternative raw water source or for improvement of existing raw water source will be completed;

(B) Date by which the connection of the alternative raw water source or improvement of existing raw water source will be initiated; and

(C) Date by which final compliance is to be achieved;

(4) A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested; and

(5) A plan for interim control measures during the effective period of variance.

(c) For any request made under section 11-20-20(b) a statement that the public water system will perform monitoring and other reasonable requirements prescribed by the director as a condition to the variance.

(d) Any other information the applicant believes to be pertinent.

(e) Such other information as the director may require to minimize the risk to human health or welfare.

Notes

Haw. Code R. § 11-20-21

[Eff 12/26/81; am and comp 3/7/92; am and comp 1/2/93; am and comp 12/15/94; comp 10/13/97; comp 9/7/99; comp 11/30/02; comp 12/16/05; comp 11/28/11; comp MAY 02 2014 1 (Auth: HRS §§ 340E-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-3, 340E-9; 42 U.S.C. §§ 300g-1, 300g-4; 40 C.F.R. Parts 141, 141.4, 142, § 142.10, § 142.20) Comp 12/28/2017 Comp 10/29/2020