R309-100-10. Exemptions

  (1) The Board may grant an exemption from the requirements of R309-200 or from any required treatment technique if:

  (a) Due to compelling factors (which may include economic factors), the public water system is unable to comply with contaminant level or treatment technique requirements, and

  (b) The public water system was in operation on the effective date of such contaminant level or treatment technique requirement, and

  (c) The granting of the exemption will not result in an unreasonable risk to health.

  (2) No exemptions from the maximum contaminant level for total coliforms are permitted.

  (3) No exemptions from the minimum disinfection requirements of R309-200-5(7) will be permitted for sources classified by the Director as directly influenced by surface water.

  (4) Within one year of the granting of an exemption, the Board shall prescribe a schedule by which the water system will come into compliance with contaminant level or treatment technique requirement. The requirements of Section 1416 of the Federal Safe Drinking Water Act, PL 104-182, are hereby incorporated by reference.

  (5) The Board shall provide notice and opportunity for an exemption hearing as provided in 40 CFR Section 142.54.