(a) The
Department may grant one or more variances to a public water system from a
requirement respecting a MCL upon finding that:
(1) The public water system has installed and
is using the best treatment technology, treatment methods or other means that
the Department in concurrence with the Administrator finds are generally
available to reduce the level of the contaminant, and has determined that
alternative sources of water are not reasonably available.
(2) The water supplier has demonstrated to
the Department that, because of characteristics of the raw water sources which
are reasonably available to the system, the system cannot meet the requirements
respecting the MCLs.
(3) The
granting of a variance will not result in an unreasonable risk to the health of
persons served by the system.
(b) The MCL for
E. coli
established under §
109.202(a)
(relating to State MCLs, MRDLs and treatment technique requirements) is not
eligible for a variance.
(c) The
Department may grant one or more variances to a public water system from a
treatment technique requirement upon a finding that the public water supplier
applying for the variance has demonstrated that, because of the nature of the
raw water source of the system the treatment technique is not necessary to
protect the health of the persons served by the system. The treatment technique
requirements established under §
109.202(c), the
treatment technique requirements established under §
109.1102(b)
(relating to action levels and treatment technique requirements), the treatment
technique requirements established under §§
109.1203 and
109.1302 (relating to bin
classification and treatment technique requirements; and treatment technique
requirements) are not eligible for a variance.
Notes
The
provisions of this § 109.901 adopted December 7, 1984, effective
12/8/1984, 14 Pa.B. 4479;
amended May 15, 1992, effective 5/16/1992, 22 Pa.B. 2621; amended December 23,
1994, effective 12/24/1994, 24
Pa.B. 6404; amended July 20, 2001, effective 7/21/2001, 31 Pa.B. 3895; amended December 24,
2009, effective 12/26/2009, 39
Pa.B. 7279; amended September 23, 2016, effective
9/24/2016, 46 Pa.B.
6005.
The provisions of this § 109.901 amended under
section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. §
721.4); and section 1920-A of The
Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
109.902 (relating to variance
request); 25 Pa. Code §
109.906 (relating to consideration
of a request for a variance or exemption); 25 Pa. Code §
109.907 (relating to disposition
of a request for a variance or exemption); and 25 Pa. Code §
109.908 (relating to compliance
schedules).
