Current through Register Vol. 24-18, September 15, 2024
(1) General.
(a) The state board of health may grant
variances, exemptions, and waivers of the requirements of this chapter
according to the procedures outlined in subsection (5) of this section. See WAC
246-290-300(4)(g) and
(7)(f) for monitoring waivers.
(b) Consideration by the board of requests
for variances, exemptions, and waivers shall not be considered adjudicative
proceedings as that term is defined in chapter 34.05 RCW.
(c) Statements and written material regarding
the request may be presented to the board at or before the public hearing where
the application will be considered. Allowing cross-examination of witnesses
shall be within the discretion of the board.
(d) The board may grant a variance,
exemption, or waiver if it finds:
(i) Due to
compelling factors, the public water system is unable to comply with the
requirements; and
(ii) The granting
of the variance, exemption, or waiver will not result in an unreasonable risk
to the health of consumers.
(2) Variances.
(a) MCL.
(i) The board may grant a MCL variance to a
public water system that cannot meet the MCL requirements because of
characteristics of the source water that is reasonably available to the
system.
(ii) A MCL variance may
only be granted in accordance with
40 C.F.R.
141.4.
(iii) A variance shall not be granted from
the MCL for presence of E. coli under WAC
246-290-310(2).
(b) Treatment techniques.
(i) The board may grant a treatment technique
variance to a public water system if the system demonstrates that the treatment
technique is not necessary to protect the health of consumers because of the
nature of the system's source water.
(ii) A treatment technique variance granted
in accordance with 40 C.F.R.
141.4.
(iii) A variance shall not be granted from
any treatment technique requirement under Part 6 of chapter 246-290
WAC.
(c) The board shall
condition the granting of a variance upon a compliance schedule as described in
subsection (6) of this section.
(3) Exemptions.
(a) The board may grant a MCL or treatment
technique exemption to a public water system that cannot meet an MCL standard
or provide the required treatment in a timely manner, or both, in accordance
with 40 C.F.R.
141.4.
(b) No exemption shall be granted from:
(i) The requirement to provide a residual
disinfectant concentration in the water entering the distribution system under
WAC 246-290-662 or
246-290-692; or
(ii) The MCL for presence of E.
coli under WAC
246-290-310(2).
(c) The board shall condition the
granting of an exemption upon a compliance schedule as described in subsection
(6) of this section.
(4)
Waivers. The board may grant a waiver to a public water system if the system
cannot meet the requirements of these regulations pertaining to any subject not
covered by EPA variance and/or exemption regulations.
(5) Procedures.
(a) For variances and exemptions. The board
shall consider granting a variance or exemption to a public water system in
accordance with 40 C.F.R.
141.4.
(b) For waivers. The board shall consider
granting a waiver upon completion of the following actions:
(i) The purveyor applies to the department in
writing. The application, which may be in the form of a letter, shall clearly
state the reason for the request;
(ii) The purveyor provides notice of the
purveyor's application to consumers and provides proof of the notice to the
department;
(iii) The department
prepares a recommendation to the board; and
(iv) The board provides notice for and
conducts a public hearing on the purveyor's request.
(6) Compliance schedule.
(a) The board shall condition the granting of
a variance or exemption based on a compliance schedule. The compliance schedule
shall include:
(i) Actions the purveyor shall
undertake to comply with a MCL or treatment technique requirement within a
specified time period; and
(ii) A
description and time-table for implementation of interim control measures the
department may require while the purveyor completes the actions required in
(a)(i) of this subsection.
(b) The purveyor shall complete the required
actions in the compliance schedule within the stated time frame.
(7) Extensions to variances and
exemptions. The board may extend the final date of compliance prescribed in the
compliance schedule for a variance and/or exemption in accordance with
40 C.F.R.
141.4.
Statutory Authority:
RCW
43.20.050(2) and (3) and
70.119A.080. 03-08-037, §
246-290-060, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW
43.02.050 [43.20.050]. 99-07-021, § 246-290-060, filed 3/9/99, effective
4/9/99. Statutory Authority:
RCW
43.20.050. 94-14-001, § 246-290-060,
filed 6/22/94, effective 7/23/94; 93-08-011 (Order 352B), § 246-290-060,
filed 3/25/93, effective 4/25/93; 91-02-051 (Order 124B), recodified as §
246-290-060, filed 12/27/90, effective 1/31/91. Statutory Authority: P.L.
99-339. 89-21-020 (Order 336), § 248-54-055, filed 10/10/89, effective
11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), §
248-54-055, filed 2/17/88. Statutory Authority:
RCW
43.20.050. 83-19-002 (Order 266), §
248-54-055, filed 9/8/83.
