12 Va. Admin. Code § 5-590-150 - Exemptions
A. The commissioner
may grant an exemption to any PMCL or treatment technique requirement by
following the procedures set forth in this section. An exemption may be granted
to a waterworks upon a finding that:
1. The
waterworks must be unable to implement measures to develop an alternative water
supply ;
2. The waterworks cannot
reasonably make management or restructuring changes that will result in
compliance or improve the quality of the drinking water;
3. Due to compelling factors (which may
include economic factors), the waterworks is unable to comply with contaminant
level or treatment technique requirements;
4. The granting of the exemption will not
result in an unreasonable risk to the health of persons served by the
waterworks;
5. The waterworks was
in operation on the effective date of such contaminant level or treatment
technique requirements; and
6. The
waterworks has not been granted a variance .
B. The owner may request an exemption for a
waterworks by submitting a written request to the department for evaluation.
All requests for an exemption shall include the following information:
1. A citation to the regulation from which
the exemption is requested;
2. The
nature and duration of the exemption requested;
3. The relevant analytical results of water
quality sampling of the waterworks , including results of relevant tests
conducted pursuant to the requirements of this chapter;
4. An explanation of the compelling factors
such as time or economic factors that prevent such waterworks from achieving
compliance;
5. Other information
believed by the owner to be pertinent to the request;
6. A proposed compliance schedule, including
the date when each step toward compliance will be achieved; and
7. Other information as may be required by
the commissioner to make the determination.
C. Consideration of an exemption request.
1. The commissioner shall act on any
exemption request submitted pursuant to subsection B of this section within 90
days of receipt of the request.
2.
In the commissioner 's consideration of whether the waterworks is unable to
comply due to compelling factors, the commissioner shall consider such factors
as the following:
a. The construction ,
installation, or modification of treatment equipment or systems;
b. The time needed to put a new water
treatment plant into operation to replace an existing water treatment plant
that is not in compliance;
c. The
economic feasibility of compliance;
d. The availability of Drinking Water State
Revolving Fund, a department program to assist waterworks in achieving the
public health protection objectives of the SDWA, assistance or any other
federal or state program that is reasonably likely to be available within the
period of the exemption;
e. The
consideration of rate increases, accounting changes, the appointment of a
licensed operator under the state operator 's licensure program, or contractual
agreements for joint operation with one or more waterworks;
f. The activities consistent with Virginia's
capacity development strategy to help the waterworks acquire and maintain
technical, financial, and managerial capacity to come into
compliance;
g. The ownership
changes, physical consolidation with another waterworks , or other feasible and
appropriate means of consolidation that would result in compliance;
and
h. The availability of an
alternative source of drinking water, including the feasibility of partnerships
with neighboring waterworks, as identified by the waterworks or by the
commissioner consistent with the capacity development strategy.
D. Disposition of an
exemption request.
1. The commissioner may
reject any request for an exemption by sending a rejection notice to the owner.
The rejection notice shall be in writing and shall state the reasons for the
rejection. A rejection notice constitutes a case decision. If the commissioner
proposes to deny the exemption, then the owner shall be provided with an
opportunity for an informal fact-finding proceeding as provided in §
2.2-4019
of the Code of Virginia.
2. If the
commissioner grants the exemption, then the owner shall be notified in writing
of this decision. The notice shall identify the exemption and the waterworks
covered and shall specify the termination date of the exemption. Exemptions
shall be terminated when the waterworks comes into compliance with the
applicable regulation and may be terminated upon a finding by the commissioner
that the waterworks has failed to comply with any requirements of a final
schedule issued pursuant to subsection F of this section.
3. The commissioner shall propose a schedule
for:
a. Compliance (including increments of
progress) by the waterworks with each contaminant level and treatment technique
requirement covered by the exemption; and
b. Implementation by the waterworks of such
control measures as the commissioner may require for each contaminant level and
treatment technique requirement covered by the exemption.
4. The schedule shall be prescribed by the
commissioner at the time the exemption is granted.
5. For a waterworks that serves a population
of not more than 3,300 persons and that needs financial assistance for the
necessary improvements under the initial compliance schedule, an exemption
granted by the commissioner may be for one or more additional two-year periods,
but not to exceed a total of six additional years, only if the commissioner
establishes that the waterworks is taking all practicable steps to meet the
requirements of the exemption and the established compliance period. The
commissioner will document the findings in granting an extension under this
subdivision.
E. Public
hearings on exemptions and their schedules.
1.
Notice of a public hearing shall be provided before an exemption and schedule
proposed by the commissioner pursuant to subsection D of this section may take
effect. Such notice may cover the granting of more than one exemption, and a
public hearing held pursuant to the notice shall include each of the exemptions
covered by the notice.
2. Notice of
a public hearing on a request for an exemption and its schedule shall be
advertised in at least one major newspaper of general circulation in the region
in which the waterworks is located.
3. The notice shall include a summary of the
proposed exemption and its schedule and shall contain the time, date, and place
of the public hearing.
F. Issuance of exemption .
1. Within 30 days after the public hearing,
the commissioner shall, taking into consideration information obtained during
the hearing, revise the proposed exemption as necessary and prescribe the final
compliance schedule and interim measures before issuing the exemption to the
waterworks .
2. The schedule shall
establish the timetable by which the waterworks shall comply with each
contaminant level and treatment technique requirement prescribed by this
section. If the schedule for compliance exceeds five years from the date of
issuance of the exemption, then the commissioner shall document the rationale
for the extended compliance period. Such schedule shall also consider if the
waterworks is to become part of a regional waterworks.
G. Posting of exemptions. All exemptions
granted to any waterworks are nontransferable. Each exemption must be attached
to the operation permit of the waterworks to which it is granted. Each
exemption is a condition to that permit and is revoked when the permit is
revoked.
Notes
Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.