Mo. Code Regs. Ann. tit. 10, § 60-6.030
Schedules for Variances and Exemptions
Effective Oct 30, 1996section 640.120, RSMo (1994).* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Amended: Filed Feb. 1, 1996, effective Oct 30, 1996. *Original authority 1978, amended 1989, 1992Safe Drinking Water Commission
PURPOSE: This rule establishes schedules for compliance with these rules.
(1) Compliance and Implementation. For a variance as specified in 10 CSR 60- 6.010(1)(A) or an exemption as specified in 10 CSR 60-6.020(1), the department shall provide a schedule for—
- (A) Compliance (including increments of progress) by the public water system with each contaminant level requirement covered by the variance or each contaminant level and treatment technique covered by the exemption; and
- (B) Implementation by the public water system of the control measures the department may require for each contaminant covered by the variance or exemption.
(2) Schedule for Compliance. A proposed schedule for compliance shall contain the conditions as the department may prescribe and shall specify dates by which steps toward compliance are to be taken, including, where applicable:
- (A) The date by which arrangement for an alternative raw water source or improvement of existing raw water source will be completed;
- (B) The date of initiating the connection to an alternative raw water source or improving the existing raw water source; and
- (C) The date by which final compliance is to be achieved.
- (3) Alternative for Compliance. The proposed schedule for compliance for a variance specified in this rule, if the public water system has no access to an alternative raw water source and can effect or anticipate no adequate improvement of the existing raw water source, may specify an indefinite time period for compliance until a new and effective treatment technology is developed. A new compliance schedule shall be prescribed by the department at that time.
- (4) Interim Measures. The proposed schedule for implementation of interim control measures during the period of the variance shall specify interim treatment techniques, methods, equipment and dates by which steps toward meeting the interim control measures are to be met.
(5) Final Compliance.
(A) The proposed schedule for compliance for an exemption specified in this rule shall require compliance with each contaminant level and treatment technique twelve (12) months after the date of the issuance of the exemption. The final date for compliance may be extended for a period not to exceed three (3) years after the date of the issuance of the exemption if the public water system establishes that—
- 1. The system cannot meet the standard
without capital improvements which cannot be completed within the period of the exemption;
- 2. In the case of a system which needs
financial assistance for the necessary improvements, the system has entered into an agreement to obtain financial assistance; or
- 3. The system has entered into an
enforceable agreement to become a part of a regional public water system and the system is taking all practicable steps to meet the standard.
- (B) In the case of a system which does not serve more than five hundred (500) service connections and which needs financial assistance for the necessary improvements, an exemption granted under this rule may be renewed for one (1) or more additional two (2)-year periods, if the system establishes that it continues to meet the requirements of this section.
- (6) Compliance Schedule. This schedule shall be prescribed by the department at the time of the granting of the variance or exemption, subsequent to provision of the opportunity for hearing as required by 10 CSR 60-6.040.
- (7) Conditions. The department may prescribe the reasonable conditions as part of any variance or exemption.
- (8) The department shall act on any variance or exemption within ninety (90) days after the receipt of the variance or exemption request.
AUTHORITY: section 640.120, RSMo (1994).* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Amended: Filed Feb. 1, 1996, effective Oct 30, 1996. *Original authority 1978, amended 1989, 1992.