North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-15 - Variances and exemptions

Current through Supplement No. 393, July, 2024
1.
General
				authority and limitations.
The department may grant a variance to a
				public water system from any treatment technique requirement except the
				treatment technique requirements for filtration and disinfection set forth
				under title 40 Code of Federal Regulations part 141, subpart H. The department
				may grant an exemption to a public water system from any treatment technique
				requirement except the disinfection treatment requirements set forth under
				title 40 Code of Federal Regulations part 141, subpart H.
The department may grant a variance or an exemption to a
				  public water system from any maximum contaminant level except the maximum
				  contaminant level for E.coli bacteria.
2.
Variances.
Variances for
				public water systems serving ten thousand or more persons shall comply with
				section 1415(a) of the federal Safe Drinking Water Act [
				42
				U.S.C. 300g-4(a) ].
				Variances for public water systems serving fewer than ten thousand persons
				shall comply with one of the following: section 1415(a) of the federal Safe
				Drinking Water Act [
				42
				U.S.C. 300g-4(a) ]; or
				section 1415(e) of the federal Safe Drinking Water Act [
				42
				U.S.C. 300g-4(e) ] and title
				40 Code of Federal Regulations part 142, subpart K.
In granting variances pursuant to section 1415(a) of the
				  federal Safe Drinking Water Act [
				  42
				  U.S.C. 300g-4(a) ], the
				  department identifies as best technology, treatment techniques, or other means
				  generally available for achieving compliance with the maximum contaminant
				  levels and treatment technique requirements those set forth under title 40 Code
				  of Federal Regulations part 142, subpart G. In granting variances pursuant to
				  section 1415(e) of the federal Safe Drinking Water Act [
				  42
				  U.S.C. 300g-4(e) ], the
				  department identifies as acceptable technologies those established under
				  section 1412(b)(15) of the federal Safe Drinking Water Act [
				  42 U.S.C.
				  300g-1(b)(15) ].
3.
Exemptions.
Exemptions for public water systems shall comply with section 1416 of the
				federal Safe Drinking Water Act [
				42
				U.S.C. 300g-5 ] and title 40 Code of Federal
				Regulations part 142, subpart G.
4.
Procedures.
Actions to consider a variance or exemption may be
				initiated by the department or by a public water system through a written
				request to the department. The department shall act on any written variance or
				exemption request submitted by a public water system within ninety days of
				receipt of the request. The department shall provide notice and opportunity for
				a public hearing before granting any variance and before prescribing a
				compliance schedule for any variance or exemption.
General Authority:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 61-28.1-03, 61-28.1-05;
					 S.L.2017, ch.199, § 69