The Secretary may exempt any public water system in the state from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable rule of this Subchapter upon a finding that:

(1)           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;

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

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


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

Eff. September 1, 1979;

Amended Eff. December 19, 1979;

Transferred and Recodified from 10 NCAC 10D .2506 Eff. April 4, 1990;

Amended Eff. July 1, 1993;

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