Haw. Code R. § 11-20-43 - Variances from the maximum contaminant levels for synthetic organic chemicals
(a) The following
is the best technology, treatment techniques, or other means available for
achieving compliance with the MCLs for synthetic organic chemicals: Removal
using packed tower aeration; removal using granular activated carbon (except
for vinyl chloride).
(b) Community
water systems and non-transient non-community water systems shall agree to
install or use any treatment method identified in subsection (a), or both, as a
condition for granting a variance except as provided in subsection (c). If,
after the supplier of water's installation of the treatment method, the public
water system cannot meet the MCL, that supplier of water shall be eligible for
a variance under the provisions of section
11-20-20.
(c) If a supplier of water can demonstrate
through comprehensive engineering assessments, which may include pilot plant
studies, that the treatment methods identified in subsection (a) would only
achieve a de minimis reduction in contaminants, the director may issue a
schedule of compliance that requires the supplier of water being granted the
variance to examine other treatment methods as a condition of obtaining the
variance.
(d) If the director
determines that a treatment method identified in subsection (c) is technically
feasible, the director may require the supplier of water to install or use that
treatment method, or both, in connection with a compliance schedule issued
under the provisions of section
11-20-26.
The director's determination shall be based upon studies by the supplier of
water and other relevant information.
(e) The director may require a supplier of
water to use bottled water or point-of-use devices or other means as a
condition of granting a variance or an exemption from the requirements of
section
11-20-4(d),
to avoid an unreasonable risk to health.
(f) The supplier of water that uses bottled
water as a condition for receiving a variance or an exemption from the
requirements of section
11-20-4(d)
is fully responsible for the provision of a minimum quantity of bottled water
to every person via door-to-door bottled water delivery and shall meet the
requirements in either paragraph (1) or (2) below:
(1) The director shall require and approve a
monitoring program for bottled water. The supplier of water shall develop and
put in place a monitoring program that provides reasonable assurances that the
bottled water meets all MCLs. The supplier of water shall monitor a
representative sample of the bottled water for all contaminants regulated under
section
11-20-4(d)
the first three months that it supplies the bottled water to the public, and
annually thereafter. Results of the monitoring program shall be provided to the
director; or
(2) The supplier of
water shall obtain a certification from the bottled water company that the
bottled water supplied has been taken from an "approved source" as defined in
21
C.F.R. §§
129.3(a); the bottled water
company has conducted monitoring in accordance with
21 C.F.R. §§
129.80(g)(1) through (3);
and the bottled water does not exceed any MCLs or quality limits as set out in
21 C.F.R. §§ 103.35, 110, and 129 . The supplier of water shall
provide the certification to the director the first three months after it
supplies bottled water and annually thereafter.
(g) The supplier of water that uses
point-of-use devices as a condition for obtaining a variance or an exemption
from NPDWRs for volatile organic compounds shall meet the following
requirements:
(1) The supplier of water has
the responsibility to operate and maintain the point-of-use treatment
system;
(2) The supplier of water
shall develop a monitoring plan and obtain the director's approval for the plan
before point-of-use devices are installed for compliance. This monitoring plan
shall provide health protection equivalent to a monitoring plan for central
water treatment;
(3) Effective
technology shall be properly applied under a plan approved by the director and
the microbiological safety of the water shall be maintained;
(4) The supplier of water shall provide
certification of performance, field testing, and, if not included in the
certification process, a rigorous engineering design review of the point-of-use
devices to the director;
(5) The
design and application of the point-of-use devices shall consider the tendency
for an increase in heterotrophic bacteria concentrations in water treated with
activated carbon. It may be necessary to use frequent backwashing,
post-contactor disinfection, and Heterotrophic Plate Count monitoring to ensure
that the microbiological safety of the water is not compromised; and
(6) All consumers shall be protected. Every
building connected to the public water system shall have a point-of-use device
installed, maintained, and adequately monitored. Every building is subject to
treatment and monitoring, and that the rights and responsibilities of the
public water system customer shall convey with title upon sale of property.
Notes
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