HAR §11-20-20. Requirements for a variance

(a) The director may grant one or more variances to any public water system from any MCL requirement of an applicable state primary drinking water regulation upon a finding that: (1) Because of characteristics of the raw water sources which are reasonably available to the public water system, the public water system cannot meet the MCL requirement despite application of the best technology, treatment techniques, or other means, which the director finds are generally available (taking costs into consideration); and (2) The granting of a variance will not result in an unreasonable risk to the health of persons served by the public water system. (b) The director may grant one or more variances to any public water system from any requirement of a specified treatment technique of an applicable state primary drinking water regulation upon a finding that the public water system applying for the variance has demonstrated that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such public water system. (c) The director will not grant any variance from the filtration and disinfection criteria. 20-125 3376