Current through August 31, 2023
40 CFR
141.4 is herein incorporated by reference.
(3-24-22)
01.
Waivers.
(3-24-22)
a. The Department may waive any
requirement of Sections
500 through
552 that is not explicitly imposed
by Idaho Statute, if it can be shown to the satisfaction of the Department that
the requirement is not necessary for the protection of public health,
protection from contamination, and satisfactory operation and maintenance of a
public water system. (3-24-22)
b.
The Department may at its discretion waive the requirements outlined in Section
010. (3-24-22)
c. Waiver of monitoring requirements is
addressed in Subsection
100.07.
(3-24-22)
02.
Variances. (3-24-22)
a. General
Variances. A variance may be granted by the Department if a public water system
submits an application and demonstrates to the satisfaction of the Department
that the following minimum requirements as required by
42 USC Section
1415(a) (The Safe Drinking
Water Act) are met. These include but are not limited to: (3-24-22)
i. The system has installed the best
available technology, treatment techniques, or other means to comply with the
maximum contaminant level; and (3-24-22)
ii. Alternative sources of water are not
reasonably available to the system. (3-24-22)
iii. For provisions of a national primary
drinking water regulation which requires the use of a specific treatment
technique with respect to a contaminant, the system must demonstrate that the
technique is not necessary to protect the health of the system's customers.
(3-24-22)
b. Small System
Variances. A small system variance for a maximum contaminant level or treatment
technique may be granted by the Department if a public water system submits an
application and demonstrates to the satisfaction of the Department that the
following minimum requirements as required by
42 USC Section
1415(e) are met. These
include, but are not limited to: (3-24-22)
i.
The system serves three thousand three hundred (3,300) or fewer persons;
(3-24-22)
ii. If the system serves
more than three thousand three hundred (3,300) persons but fewer than ten
thousand (10,000) persons, the application shall be approved by the U.S.
Environmental Protection Agency; (3-24-22)
iii. The U.S. Environmental Protection Agency
has identified a variance technology that is applicable to the size and source
water quality conditions of the public water system; (3-24-22)
iv. The system installs, operates and
maintains such treatment technology, treatment technique, or other means; and
(3-24-22)
v. The system cannot
afford to comply with a national primary drinking water regulation in
accordance with affordability criteria established by the Department, including
compliance through treatment, alternative source of water supply, restructuring
or consolidation. (3-24-22)
03.
Exemptions. An exemption may
be granted by the Department if a public water system submits an application
and demonstrates to the satisfaction of the Department that the following
minimum requirements as required by
42 USC Section
1416(a) are met. These
include but are not limited to: (3-24-22)
a.
The system is unable to comply with a maximum contaminant level or treatment
technique due to compelling factors, which may include economic factors;
(3-24-22)
b. The system was in
operation by the effective date of such contaminant level or treatment
technique and no reasonable source of water is available to the system; or
(3-24-22)
c. If the system was not
in operation by the effective date of such contaminant level or treatment
technique, then no reasonable alternative source of water is available to the
system; and (3-24-22)
d. The
granting of an exemption will not result in an unreasonable risk to health;
(3-24-22)
e. Management or
restructuring changes cannot reasonably be made to comply with the contaminant
level or treatment technique to improve the quality of the drinking water;
(3-24-22)
f. The system cannot meet
the standard without capital improvements which cannot be completed prior to
the date established pursuant to
42 USC Section
1412b(10);
(3-24-22)
g. If the system needs
financial assistance, the system has entered into an agreement to obtain such
financial assistance; or (3-24-22)
h. The system has entered into an enforceable
agreement to become a part of a regional public water system and is taking all
practical steps to meet the standard. (3-24-22)
04.
Conditions. A waiver,
exemption or variance may be granted upon any conditions that the Department,
in its discretion, determines are appropriate. Failure by the public water
system to comply with any condition voids the waiver, variance or exemption.
(3-24-22)
05.
Public
Hearing. The Department shall provide public notice and an opportunity
for public hearing in the area served by the public water system before any
exemption or variance under Section
005 is granted by the Department.
At the conclusion of the hearing, the Department shall record the findings and
issue a decision approving, denying, modifying, or conditioning the
application. (3-24-22)
06.
Exceptions. Any person aggrieved by the Department's decision on a
request for a waiver, variance or exemption may file a petition for a contested
case with the Board. Such petitions shall be filed with the Board, as
prescribed in, IDAPA 58.01.23, "Contested Case Rules and Rules for Protection
and Disclosure of Records." (3-24-22)
07.
Surface Water Variances.
Variances from the requirements of Sections
300 through
303 are not allowed.
(3-24-22)
08.
Surface Water
Exemptions. Exemptions from
40 CFR
141.72(a)(3) and
40 CFR
141.72(b)(2) are not
allowed. (3-24-22)
