Current through Register No. 13, March 27, 2025
(a) The department
shall notify the applicant in writing of its proposed decision on the
application for a variance.
(b) If
the department proposes to deny the application, the notice sent pursuant to
(a), above, shall:
(1) State the reason(s)
for the proposed denial;
(2) O ffer
the applicant an opportunity to present additional information or argument to
the department within 30 days of the date of the notice; and
(3) Inform the applicant that if additional
information is not received, the application shall be deemed denied as of the
day following the deadline for submitting the information .
(c) If the applicant submits
additional information or argument, the department shall make a final
determination on the request within 30 days after receiving the additional
information or argument.
(d) If the
department proposes to grant a variance request, the notice sent pursuant to
(a), above, shall identify:
(1) The name,
location, and EPA identification number of the water system to which the
variance will apply;
(2) The
proposed variance;
(3) The period
of time for which the variance will be effective;
(4) For a variance requested under
Env-Ws
342.01(a), a proposed schedule in
accordance with Env-Ws 342.06;
(5) For a variance requested under
Env-Ws
342.01(a), that the variance shall be
terminated:
a. W hen the system comes into
compliance with the applicable rule; or
b. U pon a finding by the department, after
public hearing, that the system has failed to comply with any requirements of a
final schedule issued pursuant to
Env-Ws
342.07(j) or
Env-Ws
342.08, as applicable, and cannot or will not take
steps to come back into compliance with the schedule ; and
(6) For a variance requested under
Env-Ws
342.01(b), that the variance shall be
terminated if the department determines, after a public hearing, that:
a. The nature of the raw water source is such
that the specified treatment technique for which the variance was granted is
necessary to protect the health of persons; or
b. The public water system has failed to
comply with monitoring and other requirements prescribed by the department as a
condition to the granting of the variance.
(See Revision Note at chapter heading Env-Ws 300) #6521,
eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8497,
eff 11-30-05 (formerly Env-Ws 342.13
)
