R309-100-9. Variances

  (1) Variances to the requirements of R309-200 of these rules may be granted by the Board to water systems which, because of characteristics of their raw water sources, cannot meet the required maximum contaminant levels despite the application of best technology and treatment techniques available as listed in Title 40 CFR Part 141, as published on July 1, 2018 (taking costs into consideration).

  (2) The variance will be granted only if doing so will not result in an unreasonable risk to health.

  (3) No variance from the maximum contaminant level for total coliforms are permitted.

  (4) No variance from the minimum filtration and disinfection requirements of R309-525 and R309-530 will be permitted for sources classified by the Director as directly influenced by surface water.

  (6) Within one year of the date any variance is granted, the Board shall prescribe a schedule by which the water system will come into compliance with the maximum contaminant level in question. The requirements of Section 1415 of the Federal Safe Drinking Water Act, PL 104-182, are hereby incorporated by reference. The Board shall provide notice and opportunity for public hearing prior to granting any variance or determining the compliance schedule. Procedures for giving notice and opportunity for hearing will be as outlined in 40 CFR Section 142.44.

  (7) Variances or exemptions from certain provisions of these regulations may be granted pursuant to Sections 1415 and 1416 of the Federal Safe Drinking Water Act and Subpart K of Part 142 (for small system variances) by the entity with primary enforcement responsibility, except that variances or exemptions from the MCLs for total coliforms and E. coli and variances from any of the treatment technique requirements of Subpart H of Part 141 may not be granted.

  (a) As provided in 40 CFR 142.304(a), small system variances are not available for rules addressing microbial contaminants, which would include Subparts H, P, S, T, W, and Y of Part 141.