Current through September, 2024
Section 11-20-22 - Consideration of a variance request(a) In the director's consideration of whether the public water system is unable to comply with a contaminant level requirement of a state primary drinking water regulation because of the nature of the raw water source, the director shall consider such factors as he considers to be relevant, including the following: (1) The availability, effectiveness, and reliability of treatment methods for the contaminant for which the variance is requested; and(2) Cost and other economic considerations such as for implementing treatment, improving the quality of the source water or using an alternate source.(b) In the director's consideration of whether a public water system should be granted a variance to a required treatment technique because such treatment is unnecessary to protect the public health, the director shall consider such factors as the following: (1) Quality of the water source including water quality data and pertinent sources of pollution; and(2) Susceptibility of the source to contamination and the source protection measures employed by the public water system. [Eff 12/26/81; comp 3/7/92; am and comp 1/2/93; am and comp 12/15/94; comp 10/13/97; comp 9/7/99; comp 11/30/02; comp 12/16/05; comp 11/28/11; comp MAY 02 2014 ] (Auth: HRS §§ 340E-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-3, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2, 300g-4; 40 C.F.R. Parts 141, 142, § 141.4, § 142.10, § 142.20 )