WAC 246-290-060   Variances, exemptions, and waivers.  (1) General.

     (a) The state board of health may grant variances, exemptions, and waivers of the requirements of this chapter according to the procedures outlined in subsection (5) of this section. See WAC 246-290-300 (4)(g) and (8)(f) for monitoring waivers.

     (b) Consideration by the board of requests for variances, exemptions, and waivers shall not be considered adjudicative proceedings as that term is defined in chapter 34.05 RCW.

     (c) Statements and written material regarding the request may be presented to the board at or before the public hearing where the application will be considered. Allowing cross-examination of witnesses shall be within the discretion of the board.

     (d) The board may grant a variance, exemption, or waiver if it finds:

     (i) Due to compelling factors, the public water system is unable to comply with the requirements; and

     (ii) The granting of the variance, exemption, or waiver will not result in an unreasonable risk to the health of consumers.

     (2) Variances.

     (a) MCL.

     (i) The board may grant a MCL variance to a public water system that cannot meet the MCL requirements because of characteristics of the source water that is reasonably available to the system.

     (ii) A MCL variance may only be granted in accordance with 40 CFR 141.4.

     (iii) A variance shall not be granted from the MCL for presence of total coliform under WAC 246-290-310(2).

     (b) Treatment techniques.

     (i) The board may grant a treatment technique variance to a public water system if the system demonstrates that the treatment technique is not necessary to protect the health of consumers because of the nature of the system's source water.

     (ii) A treatment technique variance granted in accordance with 40 CFR 141.4.

     (iii) A variance shall not be granted from any treatment technique requirement under Part 6 of chapter 246-290 WAC.

     (c) The board shall condition the granting of a variance upon a compliance schedule as described in subsection (6) of this section.

     (3) Exemptions.

     (a) The board may grant a MCL or treatment technique exemption to a public water system that cannot meet an MCL standard or provide the required treatment in a timely manner, or both, in accordance with 40 CFR 141.4.

     (b) No exemption shall be granted from:

     (i) The requirement to provide a residual disinfectant concentration in the water entering the distribution system under WAC 246-290-662 or 246-290-692; or

     (ii) The MCL for presence of total coliform under WAC 246-290-310(2).

     (c) The board shall condition the granting of an exemption upon a compliance schedule as described in subsection (6) of this section.

     (4) Waivers. The board may grant a waiver to a public water system if the system cannot meet the requirements of these regulations pertaining to any subject not covered by EPA variance and/or exemption regulations.

     (5) Procedures.

     (a) For variances and exemptions. The board shall consider granting a variance or exemption to a public water system in accordance with 40 CFR 141.4.

     (b) For waivers. The board shall consider granting a waiver upon completion of the following actions:

     (i) The purveyor applies to the department in writing. The application, which may be in the form of a letter, shall clearly state the reason for the request;

     (ii) The purveyor provides notice of the purveyor's application to consumers and provides proof of the notice to the department;

     (iii) The department prepares a recommendation to the board; and

     (iv) The board provides notice for and conducts a public hearing on the purveyor's request.

     (6) Compliance schedule.

     (a) The board shall condition the granting of a variance or exemption based on a compliance schedule. The compliance schedule shall include:

     (i) Actions the purveyor shall undertake to comply with a MCL or treatment technique requirement within a specified time period; and

     (ii) A description and time-table for implementation of interim control measures the department may require while the purveyor completes the actions required in (a)(i) of this subsection.

     (b) The purveyor shall complete the required actions in the compliance schedule within the stated time frame.

     (7) Extensions to variances and exemptions.

     (a) The board may extend the final date of compliance prescribed in the compliance schedule for a variance and/or exemption in accordance with 40 CFR 141.4.



[Statutory Authority: RCW 43.20.050 (2) and (3) and70.119A.080 . 03-08-037, § 246-290-060, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-060, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-060, filed 6/22/94, effective 7/23/94; 93-08-011 (Order 352B), § 246-290-060, filed 3/25/93, effective 4/25/93; 91-02-051 (Order 124B), recodified as § 246-290-060, filed 12/27/90, effective 1/31/91. Statutory Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-055, filed 10/10/89, effective 11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), § 248-54-055, filed 2/17/88. Statutory Authority: RCW 43.20.050. 83-19-002 (Order 266), § 248-54-055, filed 9/8/83.]