Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS › Section 11-20-43 - Variances from the maximum contaminant levels for synthetic organic chemicals

Current through June, 2024
(a) The following
				is the best technology, treatment techniques, or other means available for
				achieving compliance with the MCLs for synthetic organic chemicals: Removal
				using packed tower aeration; removal using granular activated carbon (except
				for vinyl chloride).
(b) Community
				water systems and non-transient non-community water systems shall agree to
				install or use any treatment method identified in subsection (a), or both, as a
				condition for granting a variance except as provided in subsection (c). If,
				after the supplier of water's installation of the treatment method, the public
				water system cannot meet the MCL, that supplier of water shall be eligible for
				a variance under the provisions of section
				11-20-20.
(c) If a supplier of water can demonstrate
				through comprehensive engineering assessments, which may include pilot plant
				studies, that the treatment methods identified in subsection (a) would only
				achieve a de minimis reduction in contaminants, the director may issue a
				schedule of compliance that requires the supplier of water being granted the
				variance to examine other treatment methods as a condition of obtaining the
				variance.
(d) If the director
				determines that a treatment method identified in subsection (c) is technically
				feasible, the director may require the supplier of water to install or use that
				treatment method, or both, in connection with a compliance schedule issued
				under the provisions of section
				11-20-26.
				The director's determination shall be based upon studies by the supplier of
				water and other relevant information.
(e) The director may require a supplier of
				water to use bottled water or point-of-use devices or other means as a
				condition of granting a variance or an exemption from the requirements of
				section
				11-20-4(d),
				to avoid an unreasonable risk to health.
(f) The supplier of water that uses bottled
				water as a condition for receiving a variance or an exemption from the
				requirements of section
				11-20-4(d)
				is fully responsible for the provision of a minimum quantity of bottled water
				to every person via door-to-door bottled water delivery and shall meet the
				requirements in either paragraph (1) or (2) below:
(1) The director shall require and approve a
				monitoring program for bottled water. The supplier of water shall develop and
				put in place a monitoring program that provides reasonable assurances that the
				bottled water meets all MCLs. The supplier of water shall monitor a
				representative sample of the bottled water for all contaminants regulated under
				section
				11-20-4(d)
				the first three months that it supplies the bottled water to the public, and
				annually thereafter. Results of the monitoring program shall be provided to the
				director; or
(2) The supplier of
				water shall obtain a certification from the bottled water company that the
				bottled water supplied has been taken from an "approved source" as defined in
				21
				C.F.R. §§
											129.3(a); the bottled water
				company has conducted monitoring in accordance with
				21 C.F.R. §§
											129.80(g)(1) through (3);
				and the bottled water does not exceed any MCLs or quality limits as set out in
				21 C.F.R. §§ 103.35, 110, and 129. The supplier of water shall
				provide the certification to the director the first three months after it
				supplies bottled water and annually thereafter.