Haw. Code R. § 11-20-22 - Consideration of a variance request

(a) In the director's consideration of whether the public water system is unable to comply with a contaminant level requirement of a state primary drinking water regulation because of the nature of the raw water source, the director shall consider such factors as he considers to be relevant, including the following:

(1) The availability, effectiveness, and reliability of treatment methods for the contaminant for which the variance is requested; and

(2) Cost and other economic considerations such as for implementing treatment, improving the quality of the source water or using an alternate source.

(b) In the director's consideration of whether a public water system should be granted a variance to a required treatment technique because such treatment is unnecessary to protect the public health, the director shall consider such factors as the following:

(1) Quality of the water source including water quality data and pertinent sources of pollution; and

(2) Susceptibility of the source to contamination and the source protection measures employed by the public water system.

Notes

Haw. Code R. § 11-20-22

[Eff 12/26/81; 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 ] (Auth: HRS §§ 340E-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-3, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2, 300g-4; 40 C.F.R. Parts 141, 142, § 141.4, § 142.10, § 142.20) Comp 12/28/2017 Comp 10/29/2020