Section Env-Ws 342.04 - Consideration of a Variance Request(a) The department shall act on a variance request within 90 days of receipt of a request that complies with Env-Ws 342.02 and Env-Ws 342.03.(b) In its consideration of whether the public water system is unable to comply with an applicable MCL because of the nature of the raw water source, the department shall consider the following: (1) The concentration of the contaminant in the water;(2) The availability and effectiveness of treatment methods for the contaminant for which the variance is requested; and(3) Cost and other economic considerations such as implementing treatment, improving the quality of the source water, or using an alternate Source.(c) A variance shall be issued to a system only if it is still needed after the system appliesthe best technology, treatment techniques, or other means.(d) In its consideration of whether a public water system shall be granted a variance to a required treatment technique because such treatment is unnecessary to protect public health, the department shall consider the following: (1) Quality of the water source including water quality data and potential sources of pollution; and(2) Source protection measures employed by the public water system.N.H. Admin. Code § Env-Ws 342.04
(See Revision Note at chapter heading Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8497, eff 11-30-05 (formerly Env-Ws 342.12 )