S.C. Code Regs. § 61-58.9.C

Current through Register Vol. 48, No. 07, July 26, 2024

Section 61-58.9.C - Exemptions

(1) The Department may exempt any public water system within the State from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable state primary drinking water regulation upon a finding that:

(a) Due to compelling factors (which may include economic factors), the public water system is unable to comply with such contaminant level or treatment technique requirement;

(b) The public water system was in operation on the effective date of such contaminant level or treatment technique requirement; and,

(c) The granting of the exemption will not result in an unreasonable risk to health.

(2) Requests for an exemption.

A supplier of water may request the granting of an exemption by submitting a request for exemption in writing to the Department. Suppliers of water may submit a joint request for exemptions when they seek similar exemptions under similar circumstances. Any written request for an exemption shall include the following information:

(a) The nature and duration of exemption requested.

(b) Relevant analytical results of water quality sampling of the system, including results of relevant tests conducted pursuant to the requirements of these regulations.

(c) Explanation of the compelling factors such as time or economic factors which prevent such system from achieving compliance.

(d) Other information, if any, believed by the applicant to be pertinent to the application.

(e) A proposed compliance schedule, including the date when each step toward compliance will be achieved.

(f) Such other information as the Department may require.

(3) Consideration of an exemption request.

(a) The Department will act on any exemption request submitted pursuant to paragraph (2) above within 90 days of receipt of the request.

(b) In its consideration of whether the public water system is unable to comply due to compelling factors, the Department will consider such factors as the following:

(i) Construction, installation, or modification of the treatment equipment or systems.

(ii) The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance.

(iii) Economic feasibility of compliance.

(4) Disposition of an exemption request.

(a) If the Department decides to deny the application for an exemption, it will notify the applicant of its intention to issue a denial. Such notice will include a statement of reasons for the proposed denial, and will offer the applicant an opportunity to present, within 30 days of receipt of the notice, additional information or argument to the Department. The Department will make a final determination on the request within 30 days after receiving any such additional information or argument. If no additional information or argument is submitted by the applicant, the application will be denied.

(b) If the Department proposes to grant an exemption request submitted pursuant to paragraph (2) above, it will notify the applicant of its decision in writing. Such notice will identify the facility covered, and will specify the termination date of the exemption. Such notice will provide that the exemption will be terminated when the system comes into compliance with the applicable regulation, and may be terminated upon a finding by the Department that the system has failed to comply with any requirements of a final schedule issued pursuant to paragraph (6) below.

(c) The Department will propose a schedule for:

(i) Compliance (including increments of progress) by the public water system with each contaminant level requirement and treatment technique requirement covered by the exemption; and,

(ii) Implementation by the public water system of such control measures as the Department may require for each contaminant covered by the exemption.

(d) The schedule will be prescribed by the Department at the time the exemption is granted, subsequent to provision of opportunity for hearing pursuant to paragraph (5) below.

(5) Public notice and opportunity for hearing.

(a) Before a schedule proposed by the Department pursuant to paragraph (4) above may take effect, the Department will provide notice and opportunity for public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the proposal of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice.

(b) Public notice of an opportunity for hearing on an exemption schedule will be circulated in a manner designed to inform interested and potentially interested persons of the proposed schedule, and will include at least the following:

(i) Posting of a notice in the principal post office of each municipality or area served by the public water system, and publishing of a notice in a newspaper or newspapers of general circulation in the area served by the public water system.

(ii) Such notice will include a summary of the proposed schedule and shall inform interested persons that they may request a public hearing on the proposed schedule.

(c) Requests for hearing may be submitted by any interested person. Frivolous or insubstantial requests for hearing may be denied by the Department. Requests must be submitted to the Department within 30 days after issuance of the public notices provided for in paragraph (b) of this section. Such request shall include the following information:

(i) The name, address and telephone number of the individual, organization or other entity requesting a hearing.

(ii) A brief statement of the interest of the person making the request in the proposed schedule and of information that the requesting person intends to submit at such hearing.

(iii) The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

(d) The Department will give notice of any hearing to be held pursuant to a request submitted by an interested person or on its own motion. Notice will be given and such hearing conducted in accordance with the Department's administrative procedures.

(e) The exemption and schedule will become effective 30 days after notice of opportunity for hearing is given pursuant to paragraph (a) of this section if no timely request for hearing is submitted and the Department does not determine to hold a hearing on its own motion.

(6) Final schedule.

(a) If a public hearing is held pursuant to paragraph (5) above, the Department will take into consideration information obtained during such hearing, and revise the proposed schedule as necessary and prescribe the final schedule.

(b) Such schedule must require compliance 12 months after the issuance of the exemption.

(7) Extension for date of compliance.

(a) The final date for compliance provided in any schedule in the case of any exemption may be extended by the Department for a period not to exceed 3 years after the date of the issuance of the exemption if the public water system establishes that:

(i) The system cannot meet the standard without capital improvements which cannot be completed within the period of such exemption;

(ii) In the case of a system which needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance; or,

(iii) The system has entered into an enforceable agreement to become a part of a regional public water system; and the system is taking all practicable steps to meet the standard.

(b) In the case of a system which does not serve more than 500 service connections and which needs financial assistance for the necessary improvements, an exemption granted under paragraph (a)(i) or (ii) may be renewed for one or more additional 2-year periods if the system establishes that it is taking all practicable steps to meet the requirements of paragraph (a) of this section.

(8) Bottled water, point-of-use and point-of-entry devices.

(a) The Department may require a public water system to use bottled water, point-of-use, or point-of-entry devices as a condition for granting an exemption from the requirements of R.61-58.5.B(2), D(2)(b) and N.

(b) Public water systems that use bottled water as a condition of obtaining an exemption from the requirements of R.61-58.5.B(2), D(2)(b) and N must meet the requirements set out in R.61-58.9.F(8).

(c) Public water systems that use point-of-use or point-of-entry devices as a condition for receiving an exemption must meet the requirements of R.61-58.9.F(9).

S.C. Code Regs. 61-58.9.C