§ 109.901. Requirements for a variance.

 (a)  The Department may grant one or more variances to a public water system from a requirement respecting a MCL upon finding that:

   (1)  The public water system has installed and is using the best treatment technology, treatment methods or other means that the Department in concurrence with the Administrator finds are generally available to reduce the level of the contaminant.

   (2)  The water supplier has demonstrated to the Department that, because of characteristics of the raw water sources which are reasonably available to the system, the system cannot meet the requirements respecting the MCLs.

   (3)  The granting of a variance will not result in an unreasonable risk to the health of persons served by the system.

 (b)  The Department may grant one or more variances to a public water system from a treatment technique requirement upon a finding that the public water supplier applying for the variance has demonstrated that, because of the nature of the raw water source of the system the treatment technique is not necessary to protect the health of the persons served by the system. The treatment technique requirements established under §  109.202(c) (relating to State MCLs, MRDLs and treatment techniques requirements) and treatment technique requirements established under §  109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for a variance.

   The provisions of this §  109.901 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (207275) to (207278).

   This section cited in 25 Pa. Code §  109.902 (relating to variance request); 25 Pa. Code §  109.906 (relating to consideration of a request for a variance or exemption); 25 Pa. Code §  109.907 (relating to disposition of a request for a variance or exemption); and 25 Pa. Code §  109.908 (relating to compliance schedules).