§ 109.907. Disposition of a request for a variance or exemption.
(a) If the Department proposes to deny the application for a variance or exemption, it will notify the applicant of its preliminary determination to issue a denial. The notice will include a statement of reasons for the proposed denial, and will offer the applicant an opportunity to present, within 30 days of receipt of the notice, additional information or argument to the Department. The Department will make a final determination on the request after receiving the additional information or argument. If no additional information or argument is submitted by the applicant, the application will be denied.
(b) If the Department makes a determination to grant a variance or exemption request, it will notify the applicant of the decision in writing. The notice will identify the variance or exemption, the facility covered, and will specify the period of time for which the variance or exemption will be effective.
(1) For an exemption or the type of variance in § 109.901(a) (relating to requirements for a variance), the notice will provide that the variance or exemption will be terminated when the system comes into compliance with the applicable maximum contaminant level requirement, and may be rescinded upon a finding by the Department that the system has failed to comply with the final schedule or other terms or conditions of the variance or exemption.
(2) For the type of variance specified in § 109.901(b), the notice will provide that the variance may be terminated at any time the Department finds that:
(i) The nature of the raw water source is such that the specified treatment technique from which the variance was granted is necessary to protect the health of persons served by the system.
(ii) The public water system has failed to comply with monitoring or other terms or conditions of the variance.
(3) Variances are effective for the period stated in the variance, which may not exceed 2 years from the date of issuance.
(4) No exemption may extend beyond the expiration dates prescribed in the Federal act and the Federal regulations.
(c) If the Department makes a determination to grant a variance or exemption request, it will document its findings as required under 40 CFR 142.20(a)(1) (relating to State-issued variances and exemptions under section 1415(a) and section 1416 of the act) for granting a variance, and under 40 CFR 142.20(b)(1) for granting an exemption.
Source The provisions of this § 109.907 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial page (290584).
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