Procedures and Requirements for Exemptions

PURPOSE: This rule establishes requirements for requesting exemptions to maximum contaminant levels and treatment techniques. (1) Conditions of Exemption. The department may exempt a public water system from any maximum contaminant level (MCL) requirement, except for those MCL violations that present an acute, short-term risk to public health, or any treatment technique requirement, or both, upon a finding that— (A) Due to compelling factors (which may include economic factors, including qualification of the public water system as a system serving a disadvantaged community), the public water system is unable to comply with the contaminant level or treatment technique requirement or to implement measures to develop an alternative source of water supply; (B) The public water system was in operation on the effective date of the contaminant level or treatment technique requirement, or for a public water system that was not in operation by that date, no reasonable alternative source of drinking water is available to the system; (C) The granting of the exemption will not result in an unreasonable risk to the health of persons served by the system; and (D) Management or restructuring changes (or both) cannot reasonably be made that will result in compliance with sections 640.100– 640.140, RSMo or rules promulgated thereunder, or if compliance cannot be achieved, improve the quality of the drinking water. (2) Exemption Request. A supplier of water seeking an exemption shall submit a written request to the department. Suppliers of water may submit a joint request when they seek similar exemptions under similar circumstances. Any written request for an exemption shall include the following information: (A) The nature and duration of exemption requested; (B) Relevant analytical results of water quality sampling of the system; (C) Explanation of the compelling factors, such as time or economic factors or lack of an alternative source of water, which prevent the system from achieving compliance; (D) Consideration of management and restructuring changes, such as— 1. Rate increases, accounting changes, operator certification, and contractual agreements for joint operation with one (1) or more public water systems; 2. Activities to acquire and maintain technical, financial, and managerial capacity; and 3. Ownership changes, physical consolidation with another public water system, or other feasible and appropriate means of consolidation which would result in compliance; (E) Plans to seek state or federal financial assistance within the period of the exemption to implement management and restructuring changes, and capital improvements as necessary; (F) A proposed compliance schedule including the date when each step toward compliance will be achieved; (G) Any other information the applicant believes to be pertinent; and (H) Other information the department may require. (3) Consideration of an Exemption Request. In considering whether the public water system is unable to comply due to compelling factors, the department shall review the factors it determines relevant including the following: (A) Construction, installation or modification of treatment equipment or systems; (B) The time needed to put into operation a new treatment facility replacing an existing system which is not in compliance; (C) Economic feasibility of compliance; (D) Feasibility of management and restructuring changes, and the availability of state or federal financial assistance within the period of the exemption to implement these changes, including: 1. Rate increases, accounting changes, operator certification, and contractual agreements for joint operation with one (1) or more public water systems; 2. Activities to acquire and maintain technical, financial, and managerial capacity; and 3. Ownership changes, physical consolidation with another public water system, or other feasible and appropriate means of consolidation which would result in compliance; and (E) Availability of an alternative source of water, including the feasibility of partnerships with neighboring public water systems, as identified by the public water system or by the department consistent with the Capacity Development Strategy. (4) Disposition of Exemption Request. (A) If the department proposes to grant an exemption request submitted pursuant to sections (1)–(3) of this rule, it shall notify the applicant of its decision in writing. The notice shall identify the exemption, the facility covered and shall specify, as appropriate, the termination date of the exemption. (B) The notice also shall provide that the exemption will be terminated when the system comes into compliance with the applicable regulation and may be terminated upon a finding by the department that the system has failed to comply with any requirements of a final schedule issued pursuant to 10 CSR 606.030. (C) If the department determines that a request for an exemption is inadequate or incomplete, it may deny the request. (D) No exemption shall be granted unless the public water system establishes that it is taking all practicable steps to meet the standard and— 1. The system cannot meet the standard without capital improvements which cannot be completed prior to two (2) years after the effective date of the rule; 2. In the case of a system which needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance or assistance pursuant to 10 CSR 60-13, or any other federal or state program reasonably likely to be available within the period of the exemption; or 3. The system has entered into an enforceable agreement to become a part of a regional public water system. AUTHORITY: sections 640.100 and 640.120, RSMo Supp. 1998.* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed July 1, 1999, effective March 30, 2000. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999; 640.120, RSMo 1978, amended 1989, 1992, 1998.