North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-17 - Public Water Supply Systems › Chapter 33-17-01 - Public Water Supply Systems in North Dakota › Section 33-17-01-15 - 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.
Until March 31, 2016, 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 coliform bacteria, at which time the total
				  coliform maximum contaminant level is no longer effective.
Beginning April 1, 2016, the department may grant a variance
				  or 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 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
Law Implemented:
NDCC
					 61-28.1-03,
					 61-28.1-05