(1) A supplier
of water may request a variance from a maximum contaminant level, maximum
residual disinfectant level, or treatment technique requirement by submitting a
request in writing to the appropriate Department of Environmental Protection
District Office or appropriate Approved County Health Department. Any written
request for a variance shall include the following information:
(a) The nature and duration of the variance
requested.
(b) Relevant analytical
results of water quality sampling of the public water system, including results
of relevant tests conducted in accordance with the requirements of Chapter
62-550, F.A.C.
(c) For any request
for a variance from a maximum contaminant level (MCL) or maximum residual
disinfectant level (MRDL):
1. Explanation in
full and evidence that the public water system cannot meet the MCL or MRDL
despite application of Best Available Technology.
2. An evaluation indicating that alternative
sources of water are not reasonably available to the public water system. The
evaluation may consider economic and legal factors.
3. Analytical results of raw water quality
relevant to the variance request.
4. A proposed compliance schedule, including
the date each step toward compliance will be achieved. Such schedule shall
include as a minimum the following dates:
a.
Date by which arrangement for improvement of the existing raw water source will
be completed,
b. Date of initiation
of improvement of the existing raw water source; and,
c. Date by which final compliance is to be
achieved,
5. A plan for
the provision of safe drinking water in the case of an excessive rise in the
contaminant or residual disinfectant level for which the variance is
requested.
6. A plan for interim
control measures during the effective period of the variance, including a
proposed schedule for implementing such measures. The schedule shall include
dates by which steps toward implementing the interim control measures will be
taken.
(d) For any
request for a variance from a treatment technique requirement:
1. Analytical results of raw water quality
relevant to the variance request and a description of raw water pollution
sources relevant to the variance request.
2. A plan for source protection measures
relevant to the variance request.
3. A plan for monitoring relevant to the
variance request.
(e)
Other information believed by the applicant to be pertinent to the
application.
(f) Such other
information as needed to demonstrate entitlement to a
variance.
(2) The
Department shall grant a variance from a maximum contaminant level (MCL) or
maximum residual disinfectant level (MRDL) when reasonable assurance is
provided by the applicant to demonstrate each of the following:
(a) That granting of a variance will not
result in an unreasonable risk to the health of persons served by the public
water system.
(b) That because of
the characteristics of the raw water sources reasonably available to the public
water system, the system cannot meet the MCL or MRDL despite application of
Best Available Technology.
(c) That
alternative sources of water are not reasonably available to the public water
system.
(3) When granting
a variance from a maximum contaminant level or maximum residual disinfectant
level to a public water system that has not installed Best Available Technology
(BAT) before requesting the variance, the Department, except as provided in
subsection
62-560.600(2),
F.A.C., shall grant the variance on the condition that the system install
BAT.
(4) The Department shall grant
a variance from a treatment technique requirement when reasonable assurance is
provided by the applicant to demonstrate that the treatment technique
requirement is not necessary to protect the health of persons because of the
nature of the raw water source for the public water system.
(5) The proposed compliance schedule for a
variance from a maximum contaminant level (MCL) or maximum residual
disinfectant level (MRDL), shall provide for compliance with the MCL or MRDL as
expeditiously as possible. If the schedule provides for compliance later than
five years after the date of application for the variance, the applicant shall
document its rationale for the extended compliance schedule. The schedule may,
if the public water system cannot effect or anticipate 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 schedule addressing installation of the new technology shall be proposed by
the applicant and a new variance shall be issued by the Department.
(6) A variance cannot be obtained from
operation, maintenance, monitoring, or reporting requirements.
(7) A variance cannot be obtained from the
following:
(a) The total coliform maximum
contaminant level as specified in paragraph
62-550.310(5)(a),
F.A.C. (unless the public water system demonstrates that the violation is due
to a persistent growth of total coliforms in the distribution system rather
than fecal or pathogenic contamination, a treatment lapse or deficiency, or a
problem in the operation or maintenance of the distribution system);
(b) The total coliform and
E.
coli maximum contaminant levels as specified in paragraphs
62-550.310(5)(b) and
(d), F.A.C.; (40 C.F.R. §
141.4(a) revised as of July
1, 2014.) This paragraph shall be effective on July 7, 2015.
(c) The filtration and disinfection treatment
technique requirements applicable to subpart H systems;
(d) The treatment technique requirement for
control of disinfection byproduct precursors.
(8) Suppliers of water who are granted a
variance under this chapter by the Department shall give notice consistent with
the method of delivery requirements of subsection
62-560.410(3),
F.A.C., within 30 days of being granted the variance, and shall repeat the
notice every 3 months while the variance is in effect. The notice shall contain
the following information:
(a) An explanation
of the reason(s) for the variance;
(b) The date on which the variance was
issued;
(c) A brief status report
on the steps the system is taking to install treatment, find alternative
sources of water, or otherwise comply with the terms of the variance;
(d) A notice of any opportunity for public
input in the review of the variance; and,
(e) The name, business address, and phone
number of the water system owner, operator or designee of the public water
system as a source of additional information concerning the
notice.
Notes
Fla. Admin. Code Ann. R. 62-560.510
Rulemaking Authority
403.8055,
403.853(3),
403.861(9) FS.
Law Implemented 403.853(1),
(3),
403.854(1)
FS.
New 11-19-87, Formerly
17-22.745, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-560.510, Amended
9-26-95, 11-27-01, 1-17-05, Amended by
Florida
Register Volume 41, Number 135, July 14, 2015 effective
7/7/2015.
New 11-19-87, Formerly 17-22.745, Amended 1-18-89, 1-3-91,
1-1-93, Formerly 17-560.510, Amended 9-26-95, 11-27-01, 1-17-05,
7-7-15.