§ 109.903. Requirements for an exemption.

 (a)  The Department may exempt a public water system from an MCL or treatment technique requirement upon finding that:

   (1)  Due to compelling factors, the public water system is unable to comply with the contaminant level or treatment technique requirement.

   (2)  The public water system was in operation on the effective date of the contaminant level or treatment technique requirement or, for a system that was not in operation by that date, only if no reasonable alternative source of drinking water is available to the new system.

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

 (b)  The treatment technique requirements established under §  109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) and treatment technique requirements established under §  109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for an exemption.

   The provisions of this §  109.903 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 (207277) to (207278).

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