116425. (a) The department may exempt any public water system from
any maximum contaminant level or treatment technique requirement if
it finds all the following:
(1) The public water system was in operation, or had applied for a
permit to operate, on the effective date of the maximum contaminant
level or treatment technique requirement.
(2) Due to compelling factors, which may include either of the
following factors, the public water system is unable to comply with
the maximum contaminant level or treatment technique requirement or
to implement measures to develop an alternative water supply:
(A) Economic factors.
(B) The entire service area of the public water system consists of
a disadvantaged community, as defined under Section 1452(d) of the
federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets
the affordability criteria established by the department, after
review and public hearing.
(3) The granting of the exemption will not result in an
unreasonable risk to health.
(4) Management or restructuring changes, or both, cannot
reasonably be made that will result in compliance with this chapter
or, if compliance cannot be achieved, improve the quality of the
drinking water.
(b) If the department grants a public water system an exemption
for a primary drinking water standard under subdivision (a), the
department shall prescribe, at the time an exemption is granted, a
schedule for both of the following:
(1) Compliance by the public water system with each contaminant
level or treatment technique requirement for which the exemption was
granted.
(2) Implementation by the public water system of interim control
measures the department may require for each contaminant or treatment
technique requirement for which the exemption was granted.
(c) Any schedule prescribed by the department pursuant to this
section shall require compliance by the public water system with each
contaminant level or treatment technique requirement for which the
exemption was granted within 12 months from the granting of the
exemption.
(d) The final date for compliance with any schedule issued
pursuant to this section may be extended by the department for a
period not to exceed three years from the date of the granting of the
exemption if the department finds all of the following:
(1) The system cannot meet the standard without capital
improvements that cannot be completed prior to the date established
pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act
(42 U.S.C. 300g-(b)(1)).
(2) In the case of a system that needs financial assistance for
the necessary improvements, the system has entered into an agreement
to obtain the financial assistance or the system has entered into an
enforceable agreement to become part of a regional public water
system.
(3) The system is taking all practicable steps to meet the
standard.
(e) In the case of a system that does not serve more than a
population of 3,300 and that needs financial assistance for the
necessary improvements, an exemption granted pursuant to paragraph
(2) of subdivision (d) shall not exceed a total of six years.
(f) Prior to the granting of an exemption pursuant to this
section, the department shall provide notice and an opportunity for a
public hearing. Notice of any public hearing held pursuant to this
section shall be given by the department in writing to the public
water system seeking the exemption and to the public as provided in
Section 6061 of the Government Code. A public hearing provided
pursuant to this subdivision is not an adjudicative hearing and is
not required to comply with Section 100171.
(g) A public water system may not receive an exemption under this
section if the system is granted a variance pursuant to Section
116430.
(h) Unless the department has already granted an exemption
pursuant to subdivision (a), the department may exempt a public water
system from compliance with a maximum containment level or treatment
technique requirement for up to two years if the department finds,
and continues to find, that a plan submitted by the water system may
reasonably be expected to bring the water system into compliance by
any of the following means:
(1) The physical consolidation of the system with one or more
other systems.
(2) The consolidation of significant management and administrative
functions of the system with one or more other systems.
(3) The transfer of ownership of the system.
116430. (a) The department may grant a variance or variances from
primary drinking water standards to a public water system. Any
variance granted pursuant to this subdivision shall conform to the
requirements established under the federal Safe Drinking Water Act,
as amended (42 U.S.C. Sec. 300g-4).
(b) (1) In addition to the authority provided in subdivision (a),
at the request of any public water system, the department shall grant
a variance from the primary drinking water standard adopted by the
department for fluoride. A variance granted by the department
pursuant to this subdivision shall prohibit fluoride levels in excess
of 75 percent of the maximum contaminant level established in the
national primary drinking water regulation adopted by the United
States Environmental Protection Agency for fluoride, or three
milligrams per liter, whichever is higher, and shall be valid for a
period of up to 30 years. The department shall review each variance
granted pursuant to this section at least every five years. The
variance may be withdrawn upon reasonable notice by the department if
the department determines that the community served by the public
water system no longer accepts the fluoride level authorized in the
variance or the level of fluoride authorized by the variance poses an
unreasonable risk to health. In no case may a variance be granted in
excess of the United States Environmental Protection Agency maximum
contaminant level.
(2) The department shall grant a variance pursuant to paragraph
(1) only if it determines, after conducting a public hearing in the
community served by the public water system, that there is no
substantial community opposition to the variance and the variance
does not pose an unreasonable risk to health. The public water system
shall provide written notification, approved by the department, to
all customers which shall contain at least the following information:
(A) The fact that a variance has been requested.
(B) The date, time and location of the public hearing that will be
conducted by the department.
(C) The level of fluoride that will be allowed by the requested
variance and how this level compares to the maximum contaminant
levels prescribed by the state primary drinking water standard, the
federal national primary drinking water regulation, and the federal
national secondary drinking water regulation.
(D) A discussion of the types of health and dental problems that
may occur when the fluoride concentration exceeds the maximum
contaminant levels prescribed by the state standard and the federal
regulations.
(3) If, at any time after a variance has been granted pursuant to
paragraph (1), substantial community concerns arise concerning the
level of fluoride present in the water supplied by the public water
system, the public water system shall notify the department, conduct
a public hearing on the concerns expressed by the community,
determine the fluoride level that is acceptable to the community, and
apply to the department for an amendment to the variance which
reflects that determination.
116425. (a) The department may exempt any public water system from
any maximum contaminant level or treatment technique requirement if
it finds all the following:
(1) The public water system was in operation, or had applied for a
permit to operate, on the effective date of the maximum contaminant
level or treatment technique requirement.
(2) Due to compelling factors, which may include either of the
following factors, the public water system is unable to comply with
the maximum contaminant level or treatment technique requirement or
to implement measures to develop an alternative water supply:
(A) Economic factors.
(B) The entire service area of the public water system consists of
a disadvantaged community, as defined under Section 1452(d) of the
federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets
the affordability criteria established by the department, after
review and public hearing.
(3) The granting of the exemption will not result in an
unreasonable risk to health.
(4) Management or restructuring changes, or both, cannot
reasonably be made that will result in compliance with this chapter
or, if compliance cannot be achieved, improve the quality of the
drinking water.
(b) If the department grants a public water system an exemption
for a primary drinking water standard under subdivision (a), the
department shall prescribe, at the time an exemption is granted, a
schedule for both of the following:
(1) Compliance by the public water system with each contaminant
level or treatment technique requirement for which the exemption was
granted.
(2) Implementation by the public water system of interim control
measures the department may require for each contaminant or treatment
technique requirement for which the exemption was granted.
(c) Any schedule prescribed by the department pursuant to this
section shall require compliance by the public water system with each
contaminant level or treatment technique requirement for which the
exemption was granted within 12 months from the granting of the
exemption.
(d) The final date for compliance with any schedule issued
pursuant to this section may be extended by the department for a
period not to exceed three years from the date of the granting of the
exemption if the department finds all of the following:
(1) The system cannot meet the standard without capital
improvements that cannot be completed prior to the date established
pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act
(42 U.S.C. 300g-(b)(1)).
(2) In the case of a system that needs financial assistance for
the necessary improvements, the system has entered into an agreement
to obtain the financial assistance or the system has entered into an
enforceable agreement to become part of a regional public water
system.
(3) The system is taking all practicable steps to meet the
standard.
(e) In the case of a system that does not serve more than a
population of 3,300 and that needs financial assistance for the
necessary improvements, an exemption granted pursuant to paragraph
(2) of subdivision (d) shall not exceed a total of six years.
(f) Prior to the granting of an exemption pursuant to this
section, the department shall provide notice and an opportunity for a
public hearing. Notice of any public hearing held pursuant to this
section shall be given by the department in writing to the public
water system seeking the exemption and to the public as provided in
Section 6061 of the Government Code. A public hearing provided
pursuant to this subdivision is not an adjudicative hearing and is
not required to comply with Section 100171.
(g) A public water system may not receive an exemption under this
section if the system is granted a variance pursuant to Section
116430.
(h) Unless the department has already granted an exemption
pursuant to subdivision (a), the department may exempt a public water
system from compliance with a maximum containment level or treatment
technique requirement for up to two years if the department finds,
and continues to find, that a plan submitted by the water system may
reasonably be expected to bring the water system into compliance by
any of the following means:
(1) The physical consolidation of the system with one or more
other systems.
(2) The consolidation of significant management and administrative
functions of the system with one or more other systems.
(3) The transfer of ownership of the system.
116430. (a) The department may grant a variance or variances from
primary drinking water standards to a public water system. Any
variance granted pursuant to this subdivision shall conform to the
requirements established under the federal Safe Drinking Water Act,
as amended (42 U.S.C. Sec. 300g-4).
(b) (1) In addition to the authority provided in subdivision (a),
at the request of any public water system, the department shall grant
a variance from the primary drinking water standard adopted by the
department for fluoride. A variance granted by the department
pursuant to this subdivision shall prohibit fluoride levels in excess
of 75 percent of the maximum contaminant level established in the
national primary drinking water regulation adopted by the United
States Environmental Protection Agency for fluoride, or three
milligrams per liter, whichever is higher, and shall be valid for a
period of up to 30 years. The department shall review each variance
granted pursuant to this section at least every five years. The
variance may be withdrawn upon reasonable notice by the department if
the department determines that the community served by the public
water system no longer accepts the fluoride level authorized in the
variance or the level of fluoride authorized by the variance poses an
unreasonable risk to health. In no case may a variance be granted in
excess of the United States Environmental Protection Agency maximum
contaminant level.
(2) The department shall grant a variance pursuant to paragraph
(1) only if it determines, after conducting a public hearing in the
community served by the public water system, that there is no
substantial community opposition to the variance and the variance
does not pose an unreasonable risk to health. The public water system
shall provide written notification, approved by the department, to
all customers which shall contain at least the following information:
(A) The fact that a variance has been requested.
(B) The date, time and location of the public hearing that will be
conducted by the department.
(C) The level of fluoride that will be allowed by the requested
variance and how this level compares to the maximum contaminant
levels prescribed by the state primary drinking water standard, the
federal national primary drinking water regulation, and the federal
national secondary drinking water regulation.
(D) A discussion of the types of health and dental problems that
may occur when the fluoride concentration exceeds the maximum
contaminant levels prescribed by the state standard and the federal
regulations.
(3) If, at any time after a variance has been granted pursuant to
paragraph (1), substantial community concerns arise concerning the
level of fluoride present in the water supplied by the public water
system, the public water system shall notify the department, conduct
a public hearing on the concerns expressed by the community,
determine the fluoride level that is acceptable to the community, and
apply to the department for an amendment to the variance which
reflects that determination.
116425. (a) The department may exempt any public water system from
any maximum contaminant level or treatment technique requirement if
it finds all the following:
(1) The public water system was in operation, or had applied for a
permit to operate, on the effective date of the maximum contaminant
level or treatment technique requirement.
(2) Due to compelling factors, which may include either of the
following factors, the public water system is unable to comply with
the maximum contaminant level or treatment technique requirement or
to implement measures to develop an alternative water supply:
(A) Economic factors.
(B) The entire service area of the public water system consists of
a disadvantaged community, as defined under Section 1452(d) of the
federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets
the affordability criteria established by the department, after
review and public hearing.
(3) The granting of the exemption will not result in an
unreasonable risk to health.
(4) Management or restructuring changes, or both, cannot
reasonably be made that will result in compliance with this chapter
or, if compliance cannot be achieved, improve the quality of the
drinking water.
(b) If the department grants a public water system an exemption
for a primary drinking water standard under subdivision (a), the
department shall prescribe, at the time an exemption is granted, a
schedule for both of the following:
(1) Compliance by the public water system with each contaminant
level or treatment technique requirement for which the exemption was
granted.
(2) Implementation by the public water system of interim control
measures the department may require for each contaminant or treatment
technique requirement for which the exemption was granted.
(c) Any schedule prescribed by the department pursuant to this
section shall require compliance by the public water system with each
contaminant level or treatment technique requirement for which the
exemption was granted within 12 months from the granting of the
exemption.
(d) The final date for compliance with any schedule issued
pursuant to this section may be extended by the department for a
period not to exceed three years from the date of the granting of the
exemption if the department finds all of the following:
(1) The system cannot meet the standard without capital
improvements that cannot be completed prior to the date established
pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act
(42 U.S.C. 300g-(b)(1)).
(2) In the case of a system that needs financial assistance for
the necessary improvements, the system has entered into an agreement
to obtain the financial assistance or the system has entered into an
enforceable agreement to become part of a regional public water
system.
(3) The system is taking all practicable steps to meet the
standard.
(e) In the case of a system that does not serve more than a
population of 3,300 and that needs financial assistance for the
necessary improvements, an exemption granted pursuant to paragraph
(2) of subdivision (d) shall not exceed a total of six years.
(f) Prior to the granting of an exemption pursuant to this
section, the department shall provide notice and an opportunity for a
public hearing. Notice of any public hearing held pursuant to this
section shall be given by the department in writing to the public
water system seeking the exemption and to the public as provided in
Section 6061 of the Government Code. A public hearing provided
pursuant to this subdivision is not an adjudicative hearing and is
not required to comply with Section 100171.
(g) A public water system may not receive an exemption under this
section if the system is granted a variance pursuant to Section
116430.
(h) Unless the department has already granted an exemption
pursuant to subdivision (a), the department may exempt a public water
system from compliance with a maximum containment level or treatment
technique requirement for up to two years if the department finds,
and continues to find, that a plan submitted by the water system may
reasonably be expected to bring the water system into compliance by
any of the following means:
(1) The physical consolidation of the system with one or more
other systems.
(2) The consolidation of significant management and administrative
functions of the system with one or more other systems.
(3) The transfer of ownership of the system.
116430. (a) The department may grant a variance or variances from
primary drinking water standards to a public water system. Any
variance granted pursuant to this subdivision shall conform to the
requirements established under the federal Safe Drinking Water Act,
as amended (42 U.S.C. Sec. 300g-4).
(b) (1) In addition to the authority provided in subdivision (a),
at the request of any public water system, the department shall grant
a variance from the primary drinking water standard adopted by the
department for fluoride. A variance granted by the department
pursuant to this subdivision shall prohibit fluoride levels in excess
of 75 percent of the maximum contaminant level established in the
national primary drinking water regulation adopted by the United
States Environmental Protection Agency for fluoride, or three
milligrams per liter, whichever is higher, and shall be valid for a
period of up to 30 years. The department shall review each variance
granted pursuant to this section at least every five years. The
variance may be withdrawn upon reasonable notice by the department if
the department determines that the community served by the public
water system no longer accepts the fluoride level authorized in the
variance or the level of fluoride authorized by the variance poses an
unreasonable risk to health. In no case may a variance be granted in
excess of the United States Environmental Protection Agency maximum
contaminant level.
(2) The department shall grant a variance pursuant to paragraph
(1) only if it determines, after conducting a public hearing in the
community served by the public water system, that there is no
substantial community opposition to the variance and the variance
does not pose an unreasonable risk to health. The public water system
shall provide written notification, approved by the department, to
all customers which shall contain at least the following information:
(A) The fact that a variance has been requested.
(B) The date, time and location of the public hearing that will be
conducted by the department.
(C) The level of fluoride that will be allowed by the requested
variance and how this level compares to the maximum contaminant
levels prescribed by the state primary drinking water standard, the
federal national primary drinking water regulation, and the federal
national secondary drinking water regulation.
(D) A discussion of the types of health and dental problems that
may occur when the fluoride concentration exceeds the maximum
contaminant levels prescribed by the state standard and the federal
regulations.
(3) If, at any time after a variance has been granted pursuant to
paragraph (1), substantial community concerns arise concerning the
level of fluoride present in the water supplied by the public water
system, the public water system shall notify the department, conduct
a public hearing on the concerns expressed by the community,
determine the fluoride level that is acceptable to the community, and
apply to the department for an amendment to the variance which
reflects that determination.
