Schedules for Variances and Exemptions

PURPOSE: This rule establishes schedules for compliance with conditions of general variances granted under 10 CSR 60-6.010 to any size public water system and exemptions granted under 10 CSR 60-6.020. (1) Schedules for variances granted under 10 CSR 60-6.010. (A) Compliance and Implementation. The department shall provide a schedule for— 1. Compliance (including increments of progress) by the public water system with each contaminant level requirement covered by the variance; and 2. Implementation by the public water system of the control measures the department may require for each contaminant covered by the variance. (B) Schedule for Compliance. 1. A proposed schedule for compliance shall contain the conditions as the department may prescribe and shall specify dates by which steps toward compliance are to be taken, including, where applicable: A. The date by which arrangement for an alternative water source or improvement of existing raw water source will be completed; B. The date of initiating the connection to an alternative water source or improving the existing raw water source; and C. The date by which final compliance is to be achieved. 2. Alternative for Compliance. The proposed schedule for compliance for a variance specified in this rule, if the public water system has no access to an alternative water source and can effect or anticipate no adequate improvement of the existing raw water source, may specify an indefinite time period for compliance until a new and effective treatment technology is developed. A new compliance schedule shall be prescribed by the department at that time. (C) Public Hearing. Before the schedule may take effect, the department shall provide notice and opportunity for a public hearing on the schedule as specified in 10 CSR 606.040. The notice and hearing may cover more than one schedule. (D) Interim Measures. The proposed schedule for implementation of interim control measures during the period of the variance shall specify interim treatment techniques, methods, equipment and dates by which steps toward meeting the interim control measures are to be met. (2) Schedules for Exemptions Granted Under (A) The department shall provide, at the time the exemption is granted, a schedule for— 1. Compliance (including increments of progress or measures to develop an alternative source of water supply) by the public water system with each contaminant level requirement or treatment technique requirement with respect to which the exemption was granted; and 2. Implementation by the public water system of the control measures the department may require for each contaminant covered by the exemption during the period ending on the date compliance with such requirement is required. (B) Before the schedule may take effect, the department shall provide notice and opportunity for a public hearing on the schedule as specified in 10 CSR 60-6.040. The notice and hearing may cover more than one (1) schedule. (C) Except as provided in subsection (2)(D), the schedule shall require compliance by the system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as soon as practicable (as the department may reasonably determine) but not later than three (3) years after the compliance date otherwise applicable to the contaminant level or treatment technique requirement. (D) In the case of a system which does not serve more than three thousand three hundred (3,300) persons and which needs financial assistance for the necessary improvements under the original compliance schedule, an exemption granted under 10 CSR 606.020(4)(D)1. or 2. may be renewed for one (1) or more additional two (2)-year periods, but not to exceed a total of six (6) additional years, if the system establishes that it is taking all practicable steps to meet— 1. The requirements of 10 CSR 606.020(4)(D)1.–3.; and 2. The established compliance schedule to achieve full compliance with the contaminant level or treatment technique for which the exemption was granted. (E) Each exemption granted by the department under 10 CSR 60-6.020 shall be conditioned by the department upon compliance by the public water system with the schedule prescribed by the department pursuant to this subsection. (F) Schedule for Compliance. A proposed schedule for compliance shall contain the conditions as the department may prescribe and shall specify dates by which steps toward compliance are to be taken, including, where applicable: 1. The date by which arrangement for an alternative water source or improvement of existing raw water source will be completed; 2. The date of initiating the connection to an alternative water source or improving the existing raw water source; and 3. The date by which final compliance is to be achieved. 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 Aug. 4, 1987, effective Jan. 1, 1988. Amended: Filed Feb. 1, 1996, effective Oct 30, 1996. 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.