Section 58.01.08.004 - WAIVERS, VARIANCES, AND EXEMPTIONS40 CFR 141.4 is incorporated by reference.
01.Monitoring Waivers. 40 CFR 141.23(b)141.23(c), 141.24(f), 141.24(h) are incorporated by reference. a. Waivers from sampling requirements in Subsections 100.03, 100.04, 200.01, and 503.03.e.v. may be available to all PWSs for all contaminants except nitrate, nitrite, and disinfection byproducts and are based upon a vulnerability assessment, use assessment, the analytical results of previous sampling, or some combination of vulnerability assessment, use assessment, and analytical results.b. If a PWS elects to request a waiver from monitoring, it must do so in writing at least sixty (60) days prior to the required monitoring deadline date.c. Waiver determinations are to be made by the Department on a contaminant specific basis and must be in writing.d. PWSs which do not receive waivers must sample at the required, monitoring frequencies02.Facility, Design Standard, and Operating Criteria Waivers. The Department may waive any requirement of Sections 500 through 552 that is not explicitly imposed by Idaho Statute, if it can be shown to the Department's satisfaction that the requirement is not necessary for the protection of public health, protection from contamination, and satisfactory operation and maintenance of a PWS.03.Variances. a. A general variance may be granted by the Department if a PWS owner submits a written request and demonstrates to the satisfaction of the Department that the minimum requirements of 42 USC Section 1415(a) (SDWA) are met.b. A small system variance for a maximum contaminant level or treatment technique may be granted by the Department if a PWS owner submits a written request and demonstrates to the satisfaction of the Department that the minimum requirements of 42 USC Section 1415(e) (SDWA) are met.04.Exemptions. An exemption may be granted by the Department if a PWS owner submits a written request and demonstrates to the satisfaction of the Department that the minimum requirements of 42 USC Section 1416(a) (SDWA) are met.05.Conditions. A waiver, exemption, or variance may be granted upon any conditions that the Department, determines are appropriate and in accordance with these rules. Failure by the PWS owner to comply with any condition voids the waiver, variance, or exemption.06.Public Hearing. The Department will provide public notice and an opportunity for public hearing in the area served by the PWS before any exemption or variance under Section 005 is granted by the Department. At the conclusion of the hearing, the Department will record the findings and issue a decision approving, denying, modifying, or conditioning the request.Idaho Admin. Code r. 58.01.08.004