Rule 391-3-5-.33. Variances and Exemptions
- (1) Variances and exemptions from certain provisions of these regulations may be granted by the Director pursuant to O.C.G.A. Sec. 12-5-178 and 40 CFR § 141.4 and in the case of arsenic, 40 CFR § 142.20(b).
- (2) Variances or exemptions from the MCLs for total coliforms and E. coli and variances from any of the treatment technique requirements of Subpart H systems may not be granted. As provided in 40 CFR § 142.304(a), small systems variances are not available for rules addressing microbial contaminants, which would include 40 CFR Part 141 Subparts H, P, S, T, W, and Y.
- (3) The Division has stayed the effective date relating to the total coliform MCL of Rule 391-3-5-.18(4)(a) for systems that demonstrate to the Division that the violation of the total coliform MCL 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. This is stayed until March 31, 2016, at which time the total coliform MCL is no longer effective.
Authority: O.C.G.A. § 12-5-170et seq.
History. Original Rule entitled "Variance Request" adopted. F. July 5, 1977; eff. July 26, 1977, as specified by Rule 391-3-5-.47.
Repealed: New Rule entitled "Variances and Exemptions" adopted. F. May 12, 1989; eff. June 1, 1989.
Amended: F. Sept. 24, 1999; eff. Oct. 14, 1999.
Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.
Amended: F. Jan. 8, 2014; eff. Jan. 28, 2014.
Amended: New title "Variances and Exemptions." F. Feb. 29, 2016; eff. Mar. 20, 2016.
Amended: F. Apr. 22, 2021; eff. May 12, 2021.