Section 33.1-17-01-15 - Variances and exemptions1.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.N.D. Admin Code 33.1-17-01-15
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.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