This Section describes how the Board grants relief equivalent
to that available from USEPA under section 1415(a)(1)(A) and (a)(1)(B) of SDWA
(42 U.S.C.
300g-4(a)(1)(A) and (a)(1)(B)). Every
variance under Sections 35 through 38 of the Act must require that the supplier
comply within five years. SDWA section 1415 variances need not do so. A
supplier may seek State regulatory relief equivalent to a SDWA section 1415
variance using one of three procedural mechanisms: a variance under Sections 35
through 38 of the Act and Subpart B of 35 Ill. Adm. Code 104; a site-specific
rule under Sections 27 and 28 of the Act and 35 Ill. Adm. Code 102; or an
adjusted standard under Section 28.1 of the Act and Subpart D of 35 Ill. Adm.
Code 104.
a) The Board will grant a
variance, a site-specific rule, or an adjusted standard from an MCL or a
treatment technique under this Section.
1)
The supplier must file a petition under the applicable of 35 Ill. Adm. Code
102
or
104.
2) If a State requirement
does not have a federal counterpart, the Board needs not follow this Section
when granting relief from the State requirements.
b) Relief from an MCL
1) To justify relief from an MCL under this
Section, the supplier must demonstrate specific facts:
A) Due to the characteristics of the raw
water sources and alternative sources that are reasonably available to the
system, the supplier cannot meet the MCL;
B) The supplier installs or will install BAT
(as identified in Subpart F), treatment technique, or other means that the
Agency finds available. BAT may vary depending on specific considerations:
i) The number of persons the system
serves;
ii) Physical conditions
related to engineering feasibility; and
iii) Compliance costs; and
C) The variance will not result in
an unreasonable risk to human health.
2) In any order granting relief under this
subsection (b), the Board will prescribe schedules:
A) A schedule for complying with each MCL
from which the Board granted relief, including increments of progress;
and
B) A schedule for the supplier
implementing each additional control measure for each MCL from which the Board
granted relief during the period ending when the order requires that the
supplier comply with the MCL.
3) Schedule of Compliance for Relief from an
MCL
A) A schedule of compliance will require
the supplier to comply as expeditiously as practicable with each MCL from which
the Board granted relief.
B) If the
Board prescribes a schedule requiring the supplier to comply with an MCL that
is more than five years after when the Board grants the relief, the Board will
take certain actions:
i) The Board will
document its rationale for the extended compliance schedule;
ii) The Board will discuss its rationale for
the extended compliance schedule in the required public notice and opportunity
for public hearing; and
iii) The
Board will provide the shortest practicable schedule feasible for the supplier
to comply with the MCL under the circumstances.
c) Relief from a Treatment
Technique Requirement
1) As part of the
justification for relief from a treatment technique requirement under this
Section, the supplier must demonstrate that the treatment technique is not
necessary to protect the health of the persons served due to the nature of the
raw water source.
2) The Board may
prescribe monitoring and other requirements as a condition for relief from a
treatment technique requirement.
d) The Board will hold at least one public
hearing. In addition, the Board will accept comments under 35 Ill. Adm. Code
102 or
104.
e) The Board will not
grant relief from certain standards:
1) From
the MCLs for total coliforms and E. coli. The Board can no longer grant relief
from the total coliform MCL.
BOARD NOTE: As provided in Section
611.131(c)(1)
and 40 CFR
142.304(a), a small system
variance is not available for rules that address microbial contaminants, which
include Subparts B, R, S, X, Z, and AA.
2) From any treatment technique requirement
in Subpart B.
f) The Agency must promptly send
USEPA the Board's opinion and order granting relief under this Section. The
Board may reconsider and modify its order granting relief and any conditions if
USEPA notifies the Board of a finding under section 1415 of the SDWA
(42 U.S.C.
300g-4).
g) In addition to this Section, Section
611.130 or
611.131 may apply to relief the
Board grants under this Section.
