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.
