Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart C - Protection of Natural Resources
Article II - Water Resources
Chapter 109 - SAFE DRINKING WATER
Subchapter I - VARIANCES AND EXEMPTIONS ISSUED BY THE DEPARTMENT
Section 109.901 - Requirements for a variance
Current through Register Vol. 55, No. 13, March 29, 2025
(a) The Department may grant one or more variances to a public water system from a requirement respecting a MCL upon finding that:
(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.
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).