This Section describes how the Board grants relief equivalent
to that available from USEPA under section 1416 of the SDWA (42 U.S.C.
300g-5). Every variance under Sections 35
through 37 of the Act must require the supplier to comply within five years. A
SDWA section 1416 exemption needs not do so. A supplier may seek State
regulatory relief equivalent to a SDWA section 1416 exemption through one of
three procedural mechanisms: a variance under Sections 35 through 37 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 treatment technique
requirement, or from both, 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) As part of the justification for relief
under this Section, the supplier must demonstrate specific facts:
1) Due to compelling factors (which may
include economic factors), the supplier is unable to comply with the MCL or
treatment technique requirement and cannot develop an alternative source of
water supply;
2) Either of two
situations are true of the supplier:
A) The
supplier operated on the effective date of the MCL or treatment technique
requirement from which the supplier seeks relief; or
B) The supplier did not operate on the
effective date of the MCL or treatment technique requirement from which the
supplier seeks relief, and no reasonable alternative source of drinking water
is available to the supplier;
3) The relief will not result in an
unreasonable risk to human health; and
4) The supplier cannot reasonably make
management or restructuring changes that will result in the supplier complying
with the NPDWR or improved water quality if the supplier cannot comply.
BOARD NOTE: In determining that the supplier cannot
reasonably make management or restructuring changes that will result in the
supplier complying with the NPDWR, the Board will consider the factors USEPA
requires under 40 CFR
142.20(b)(1), incorporated
by reference in Section
611.102(c).
c) In any order
granting relief under this Section, the Board will prescribe schedules:
1) A schedule for complying with each MCL
from which the Board granted relief, including increments of progress;
and
2) A schedule for the supplier
implementing each additional control measure for each MCL or treatment
technique requirement from which the Board granted relief.
d) Schedule of Compliance. A schedule of
compliance must require the supplier to comply as expeditiously as practicable
with each MCL or treatment technique requirement from which the Board granted
relief but not later than three years after the otherwise applicable compliance
date USEPA established under section 1412(b)(10) of SDWA (42 U.S.C.
300g-1(b)(10)), except under limited
circumstances:
1) The Board may not grant
relief unless the PWS establishes that the supplier is taking all practicable
steps to meet the NPDWR; and
A) The supplier
cannot meet the NPDWR without capital improvements that the supplier cannot
complete within 12 months;
B) In
the case of a supplier that needs financial assistance for the necessary
improvements, the supplier enters into an agreement to obtain the financial
assistance; or
C) The supplier
enters into an enforceable agreement to become a part of a regional
PWS.
2) In the case of a
supplier serving 3,300 or fewer persons that needs financial assistance for the
necessary improvements, the Board may renew the relief for one or more
additional two-year periods up to a total of six years if the supplier is
taking all practicable steps to meet the final date for compliance.
3) A supplier may not receive relief under
this Section if the Board granted the supplier relief under Section
611.111 or
611.131.
e) The Board will hold at least one public
hearing. In addition the Board will accept comments under the appropriate of 35
Ill. Adm. Code
102 or
104.
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 1416 of the SDWA (42
U.S.C.
300g-5).
BOARD NOTE: This subsection (f) derives from section 1416 of
the SDWA (42 U.S.C.
300g-5).
g) 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 Section
611.131(c)(1)
and 40 CFR
142.304(a) provide, 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 in Subpart
B.
h) In addition
to this Section, Section
611.130 or
611.131 may apply to relief
granted under this Section.
