Section 11-20-19.5 - Variances and exemptions(a) Variances or exemptions from certain provisions of this chapter may be granted pursuant to sections 1415 and 1416 of the Safe Drinking Water Act and subpart K of 40 C.F.R. part 142 (for small system variances) by the director, except that variances or exemptions from the MCLs for total coliforms and E. coli and variances from any of the treatment technique requirements of section 11-20-46 may not be granted. Note: As provided in 40 C.F.R. section 142.304(a), small system variances are not available for rules addressing microbial contaminants, which would include sections 11-20-9.1, 11-20-46, 11-20-46.1, 11-20-46.2, and 11-20-50.(b) The EPA has stayed the effective date of this section relating to the total coliform MCL of section 11-20-6(a) for systems that demonstrate to the State that the violation of the total coliform MCL is due to a persistent growth of total coliforms in the distribution system rather than fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation of maintenance of the distribution system. This is stayed until March 31, 2016, at which time the total coliform MCL is no longer effective.Haw. Code R. § 11-20-19.5
[Eff and Comp 12/28/2017] (Auth: HRS §§ 34DE-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-3, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11; 40 C.F.R. Parts 141, §141.4, and 142)