The Department may grant variances to design, treatment, and operational requirements based on the following conditions and procedures:

1. (a) No variance will be granted for treatment techniques or activities which will result in an unreasonable risk to public health, cause a public nuisance, create environmental pollution, or allow use of a surface source without filtration unless the system can demonstrate compliance with EPA Regulations 141.71, 141.72, and 141.75.
2. (b) No variance from the E. coli MCL will be granted.
3. (c) The Department may impose additional monitoring, require onsite treatability studies, and may require the applicant to obtain and keep in force a bond to ensure further treatment facilities are obtained to prevent any hazard to public health.
4. (d) The Department may establish a compliance schedule to obtain modifications to the treatment process, obtain a new source of supply, or other action deemed necessary to bring the system into full compliance with these regulations.

Author: Joe Alan Power

Statutory Authority: Code of Ala. 1975, §§22-23-33, 22-23-35, 22-23-49, 22-22A-5, 22-22A-6.

History: May 23, 1977. Repealed and Readopted: January 4, 1989; October 31, 1990. Amended: September 19, 1995 (ER); November 28, 1995; effective January 2, 1996. Amended: Filed October 21, 2014; effective November 25, 2014.