Florida Regulations 62-560.510: Drinking Water Variance Request
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(1) A supplier of water may request a variance from a maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement by submitting a request in writing to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department. Any written request for a variance shall include the following information:
(a) The nature and duration of the variance requested.
(b) Relevant analytical results of water quality sampling of the public water system, including results of relevant tests conducted in accordance with the requirements of Fl. Admin. Code Chapter 62-550
(c) For any request for a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL):
1. Explanation in full and evidence that the public water system cannot meet the MCL or MRDL despite application of Best Available Technology.
2. An evaluation indicating that alternative sources of water are not reasonably available to the public water system. The evaluation may consider economic and legal factors.
3. Analytical results of raw water quality relevant to the variance request.
4. A proposed compliance schedule, including the date each step toward compliance will be achieved. Such schedule shall include as a minimum the following dates:
a. Date by which arrangement for improvement of the existing raw water source will be completed,
b. Date of initiation of improvement of the existing raw water source; and,
c. Date by which final compliance is to be achieved,
5. A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant or residual disinfectant level for which the variance is requested.
6. A plan for interim control measures during the effective period of the variance, including a proposed schedule for implementing such measures. The schedule shall include dates by which steps toward implementing the interim control measures will be taken.
(d) For any request for a variance from a treatment technique requirement:
1. Analytical results of raw water quality relevant to the variance request and a description of raw water pollution sources relevant to the variance request.
2. A plan for source protection measures relevant to the variance request.
3. A plan for monitoring relevant to the variance request.
(e) Other information believed by the applicant to be pertinent to the application.
(f) Such other information as needed to demonstrate entitlement to a variance.
(2) The Department shall grant a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL) when reasonable assurance is provided by the applicant to demonstrate each of the following:
(a) That granting of a variance will not result in an unreasonable risk to the health of persons served by the public water system.
(b) That because of the characteristics of the raw water sources reasonably available to the public water system, the system cannot meet the MCL or MRDL despite application of Best Available Technology.
(c) That alternative sources of water are not reasonably available to the public water system.
(3) When granting a variance from a maximum contaminant level or maximum residual disinfectant level to a public water system that has not installed Best Available Technology (BAT) before requesting the variance, the Department, except as provided in subsection 62-560.600(2), F.A.C., shall grant the variance on the condition that the system install BAT.
(4) The Department shall grant a variance from a treatment technique requirement when reasonable assurance is provided by the applicant to demonstrate that the treatment technique requirement is not necessary to protect the health of persons because of the nature of the raw water source for the public water system.
(5) The proposed compliance schedule for a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL), shall provide for compliance with the MCL or MRDL as expeditiously as possible. If the schedule provides for compliance later than five years after the date of application for the variance, the applicant shall document its rationale for the extended compliance schedule. The schedule may, if the public water system cannot effect or anticipate adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed, at which time a new schedule addressing installation of the new technology shall be proposed by the applicant and a new variance shall be issued by the Department.
(6) A variance cannot be obtained from operation, maintenance, monitoring, or reporting requirements.
(7) A variance cannot be obtained from the following:
(a) The total coliform maximum contaminant level as specified in Fl. Admin. Code R. 62-550.310(5)(a) (unless the public water system demonstrates that the violation 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);
(b) The total coliform and E. coli maximum contaminant levels as specified in paragraphs 62-550.310(5)(b) and (d), F.A.C.; (40 C.F.R. § 141.4(a) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.
(c) The filtration and disinfection treatment technique requirements applicable to subpart H systems;
(d) The treatment technique requirement for control of disinfection byproduct precursors.
(8) Suppliers of water who are granted a variance under this chapter by the Department shall give notice consistent with the method of delivery requirements of subsection 62-560.410(3), F.A.C., within 30 days of being granted the variance, and shall repeat the notice every 3 months while the variance is in effect. The notice shall contain the following information:
(a) An explanation of the reason(s) for the variance;
(b) The date on which the variance was issued;
(c) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms of the variance;
(d) A notice of any opportunity for public input in the review of the variance; and,
(e) The name, business address, and phone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.
Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1) FS. History-New 11-19-87, Formerly 17-22.745, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-560.510, Amended 9-26-95, 11-27-01, 1-17-05, 7-7-15.
Terms Used In Florida Regulations 62-560.510
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Relevant analytical results of water quality sampling of the public water system, including results of relevant tests conducted in accordance with the requirements of Fl. Admin. Code Chapter 62-550
(c) For any request for a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL):
1. Explanation in full and evidence that the public water system cannot meet the MCL or MRDL despite application of Best Available Technology.
2. An evaluation indicating that alternative sources of water are not reasonably available to the public water system. The evaluation may consider economic and legal factors.
3. Analytical results of raw water quality relevant to the variance request.
4. A proposed compliance schedule, including the date each step toward compliance will be achieved. Such schedule shall include as a minimum the following dates:
a. Date by which arrangement for improvement of the existing raw water source will be completed,
b. Date of initiation of improvement of the existing raw water source; and,
c. Date by which final compliance is to be achieved,
5. A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant or residual disinfectant level for which the variance is requested.
6. A plan for interim control measures during the effective period of the variance, including a proposed schedule for implementing such measures. The schedule shall include dates by which steps toward implementing the interim control measures will be taken.
(d) For any request for a variance from a treatment technique requirement:
1. Analytical results of raw water quality relevant to the variance request and a description of raw water pollution sources relevant to the variance request.
2. A plan for source protection measures relevant to the variance request.
3. A plan for monitoring relevant to the variance request.
(e) Other information believed by the applicant to be pertinent to the application.
(f) Such other information as needed to demonstrate entitlement to a variance.
(2) The Department shall grant a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL) when reasonable assurance is provided by the applicant to demonstrate each of the following:
(a) That granting of a variance will not result in an unreasonable risk to the health of persons served by the public water system.
(b) That because of the characteristics of the raw water sources reasonably available to the public water system, the system cannot meet the MCL or MRDL despite application of Best Available Technology.
(c) That alternative sources of water are not reasonably available to the public water system.
(3) When granting a variance from a maximum contaminant level or maximum residual disinfectant level to a public water system that has not installed Best Available Technology (BAT) before requesting the variance, the Department, except as provided in subsection 62-560.600(2), F.A.C., shall grant the variance on the condition that the system install BAT.
(4) The Department shall grant a variance from a treatment technique requirement when reasonable assurance is provided by the applicant to demonstrate that the treatment technique requirement is not necessary to protect the health of persons because of the nature of the raw water source for the public water system.
(5) The proposed compliance schedule for a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL), shall provide for compliance with the MCL or MRDL as expeditiously as possible. If the schedule provides for compliance later than five years after the date of application for the variance, the applicant shall document its rationale for the extended compliance schedule. The schedule may, if the public water system cannot effect or anticipate adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed, at which time a new schedule addressing installation of the new technology shall be proposed by the applicant and a new variance shall be issued by the Department.
(6) A variance cannot be obtained from operation, maintenance, monitoring, or reporting requirements.
(7) A variance cannot be obtained from the following:
(a) The total coliform maximum contaminant level as specified in Fl. Admin. Code R. 62-550.310(5)(a) (unless the public water system demonstrates that the violation 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);
(b) The total coliform and E. coli maximum contaminant levels as specified in paragraphs 62-550.310(5)(b) and (d), F.A.C.; (40 C.F.R. § 141.4(a) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.
(c) The filtration and disinfection treatment technique requirements applicable to subpart H systems;
(d) The treatment technique requirement for control of disinfection byproduct precursors.
(8) Suppliers of water who are granted a variance under this chapter by the Department shall give notice consistent with the method of delivery requirements of subsection 62-560.410(3), F.A.C., within 30 days of being granted the variance, and shall repeat the notice every 3 months while the variance is in effect. The notice shall contain the following information:
(a) An explanation of the reason(s) for the variance;
(b) The date on which the variance was issued;
(c) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms of the variance;
(d) A notice of any opportunity for public input in the review of the variance; and,
(e) The name, business address, and phone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.
Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1) FS. History-New 11-19-87, Formerly 17-22.745, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-560.510, Amended 9-26-95, 11-27-01, 1-17-05, 7-7-15.