A supplier of water may request a variance for a public water system by submitting a written request to the Secretary.  Suppliers of water may submit a joint request for variances when they seek similar variances under similar circumstances.  A request for a variance or variances shall include the following information:

(1)           the nature and duration of variance requested;

(2)           relevant analytical results of water quality sampling of the system, including results of relevant tests conducted pursuant to the rules of 15A NCAC 18C Section .1500;

(3)           for any request made under .1601(a) of this Section:

(a)           explanation in full and evidence of the best available treatment technology and techniques;

(b)           economic and legal factors relevant to ability to comply;

(c)           analytical results of raw water quality relevant to ability to comply;

(d)           a proposed compliance schedule, including the date each step toward compliance will be achieved;  Such schedule shall include as a minimum the following dates:

(i)            date by which arrangement for alternative raw water source or improvement of existing raw water source will be completed,

(ii)           date of initiation of the connection of the alternative raw water source or improvement of existing raw water source,

(iii)          date by which final compliance is to be achieved;

(e)           a plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested;

(f)            a plan for interim control measures during the effective period of variance;

(4)           for any request made under .1601(b) of this Section, a statement that the system will perform monitoring and other reasonable requirements prescribed by the Secretary as a condition to the variance;

(5)           other information, if any, believed to be pertinent by the applicant;

(6)           such other information as the Secretary may require.


History Note:        Authority G.S. 130A‑315; 130A‑321; P.L. 93‑523; 40 C.F.R. 142;

Eff. September 1, 1979;

Transferred and Recodified from 10 NCAC 10D .2502 Eff. April 4, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.