Rule 391-3-30-.08 - Variance Requests(1) Any application for a variance pursuant O.C.G.A. § 12-5-7(a)(1) to impose restrictions on outdoor water use that are more stringent than those described in this Rule shall provide the following information demonstrating that the outdoor water use restrictions required by Chapter 391-3-30 will not avoid or relieve a local water shortage and the degree to which additional restrictions will avoid or relieve such water shortage: (a) A statement of which Drought Response Level (Level 1, Level 2, Level 3, or Level 3 plus) the public water system seeks to apply, the duration of those restrictions, and a description of why such restrictions are necessary. For the purposes of this Rule, "Level 3 plus" means all Level 3 water usage restrictions plus additional restrictions proposed by the public water system in order to avoid or relieve a local water shortage.(b) For permittees whose principal source of water is surface water, a water supply and demand analysis which includes a quantitative analysis of the effect that additional restrictions will have upon the permittee's source of water in terms of increased storage or streamflow available to the permittee for each month during which they will be implemented. The water supply and demand analysis shall, at a minimum, consist of a 24-month projection of the response of reservoir storage, or water withdrawals as a percent of streamflow, whichever is applicable, to demands represented by monthly water use for each month of the preceding calendar year, assuming calendar year 2007 - 2008 hydrologic conditions, and shall be conducted in accordance with the "Water Supply and Demand Analysis Worksheet."(c) Quantity estimate of reduced water use on a monthly basis expected from implementing such restrictions for each month during which they will be implemented compared to a quantity estimate of reduced water use on a monthly basis expected from implementing the restrictions otherwise required by Chapter 391-3-30;(d) Quantity estimate of the effect such restrictions will have upon the permittee's source of water in terms of increased storage or streamflow available to the permittee for each month during which they will be implemented.(2) As provided for in O.C.G.A. § 12-5-7(a)(2), a political subdivision of this state or local government authority shall not be prohibited from imposing more stringent restrictions on outdoor water use than those required by Chapter 391-3-30 in case of an emergency which immediately threatens the public health, safety, or welfare; provided, however, that such emergency restrictions shall be valid for a period not to exceed seven days unless a variance is granted by the Director. (3) Any application for a variance pursuant O.C.G.A. § 12-5-7(b)requesting restrictions on outdoor water use that are less stringent than those described in this Rule shall provide the following information demonstrating that the outdoor water use restrictions required by this Rule are not needed to avoid or relieve a local water shortage:(a) A statement of which Drought Response Level (non-drought, Level 1, or Level 2) the public water system seeks to apply, the duration of the less stringent restrictions, and a description of why the restrictions described in the Rule are not necessary.(b) For permittees whose principal source of water is surface water, a water supply and demand analysis which includes a quantitative analysis of the effect that the proposed less stringent restrictions will have upon the permittee's source of water in terms of storage or streamflow available to the permittee for each month during which they will be implemented. The water supply and demand analysis shall, at a minimum, consist of a 24-month projection of the response of reservoir storage, or water withdrawals as a percent of streamflow, whichever is applicable, to demands represented by monthly water use for each month of the preceding calendar year, assuming calendar year 2007 - 2008 hydrologic conditions, and shall be conducted in accordance with the "Water Supply and Demand Analysis Worksheet."(c) Permittees whose water supply is obtained in whole or in part from storage in or releases from any project owned and operated by the United States Army Corps of Engineers may request a variance requesting restrictions on outdoor water use that are less stringent than those described in this Rule. However, for permittees that get more than 25 percent of their water supply from such projects, because these permittees have little control over the management of their water supply source, there shall be a rebuttable presumption that such variance requests should be denied by the Director.(4) Upon consideration of the "good cause" showing required in subsections 391-3-30-.08(1) or (3) of these Rules, as provided for in O.C.G.A. § 12-5-7(c), the Director shall render a decision on an application for a variance within five business days after receipt thereof and grant a variance to the applicant of the restrictions required by this Rule if the applicant has provided sufficient evidence to support a reasonable conclusion that a variance is warranted.(5) In order to provide for efficient implementation of the variance program and to facilitate effective communication to the media and the public regarding drought requirements, it is necessary and appropriate that variance requests be consistent with the framework of the Rule. Therefore, variance requests are limited to the Drought Response Levels (non-drought, Level 1, Level 2, Level 3, or Level 3 plus), and their corresponding Drought Response Strategies, as articulated in the rule.Ga. Comp. R. & Regs. R. 391-3-30-.08
O.C.G.A. §§ 12-5-7 and 12-5-8.
Original Rule entitled "Variance Requests" adopted. F. July 15, 2015; eff. August 4, 2015.