15A NCAC 18C .1604       DISPOSITION OF A VARIANCE REQUEST

(a)  If the Secretary decides to deny the application for a variance, the applicant shall be notified of the intention to issue a denial.  Such notice shall include a statement of reasons for the proposed denial. Within 30 days after the receipt of such notice, the applicant may request a hearing for the purpose of contesting the proposed denial.  Such hearing shall be conducted in the manner set forth in G.S. 150B‑22 through 150B‑37.  If no hearing is requested by the applicant within the 30 day period, the application shall be denied.

(b)  If the Secretary proposes to grant a variance request submitted pursuant to .1602 of this Section, the applicant shall be notified of the decision in writing.  Such notice shall identify the variance, the facility covered, and shall specify the period of time for which the variance will be effective:

(1)           For the type of variance specified in .1601(a) of this Section, such notice shall provide that the variance will be terminated when the system comes into compliance with the applicable regulation, and may be terminated upon a finding by the Secretary that the system has failed to comply with any requirements of a final schedule issued pursuant to .1605 of this Section.

(2)           For the type of variance specified in .1601(b) of this Section, such notice shall provide that the variance may be terminated at any time upon a finding that the nature of the raw water source is such that the specified treatment technique for which the variance was granted is necessary to protect the health of persons or upon a finding that the public water system has failed to comply with monitoring and other requirements prescribed by the Secretary as a condition to the granting of the variance.

(c)  For a variance specified in .1601(a)(1) of this Section, the Department shall propose a schedule for:

(1)           compliance (including increments of progress) by the public water system with each contaminant level requirement covered by the variance, and

(2)           implementation by the public water system of such control measures as the Department may require for each contaminant covered by the variance.

(d)  The proposed schedule for compliance shall specify dates by which steps towards compliance are to be taken, including at the minimum, where applicable:

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

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

(3)           date by which final compliance is to be achieved.

(e)  The proposed schedule may, if the public water system has no access to an alternative raw water source, and can effect or anticipate no adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed at which time a new compliance schedule shall be prescribed by the Secretary.

(f)  The proposed schedule for implementation of interim control measures during the period of variance shall specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be met.

(g)  The schedule shall be prescribed by the secretary within one year after the granting of the variance, subsequent to provision of opportunity for hearing pursuant to .1605 of this Section.

 

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 .2504 Eff. April 4, 1990;

Amended Eff. September 1, 1991;

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