Utah Admin. Code R309-100-9 - Variances
(1) Variances to the requirements of R309-200
of these rules may be granted by the Board to water systems which, because of
characteristics of their raw water sources, cannot meet the required maximum
contaminant levels despite the application of best technology and treatment
techniques available as listed in Title 40 CFR Part 141, as published on July
1, 2018 (taking costs into consideration).
(2) The variance will be granted only if
doing so will not result in an unreasonable risk to health.
(3) No variance from the maximum contaminant
level for total coliforms are permitted.
(4) No variance from the minimum filtration
and disinfection requirements of R309-525 and R309-530 will be permitted for
sources classified by the Director as directly influenced by surface
water.
(6) Within one year of the
date any variance is granted, the Board shall prescribe a schedule by which the
water system will come into compliance with the maximum contaminant level in
question. The requirements of Section 1415 of the Federal Safe Drinking Water
Act, PL
104-182 , are hereby incorporated by reference. The
Board shall provide notice and opportunity for public hearing prior to granting
any variance or determining the compliance schedule. Procedures for giving
notice and opportunity for hearing will be as outlined in
40 CFR Section
142.44.
(7) Variances or exemptions from certain
provisions of these regulations may be granted pursuant to Sections 1415 and
1416 of the Federal Safe Drinking Water Act and Subpart K of Part 142 (for
small system variances) by the entity with primary enforcement responsibility,
except that variances or exemptions from the MCLs for total coliforms and E.
coli and variances from any of the treatment technique requirements of Subpart
H of Part 141 may not be granted.
(a) As
provided in
40
CFR 142.304(a), small system
variances are not available for rules addressing microbial contaminants, which
would include Subparts H, P, S, T, W, and Y of Part 141.
Notes
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