NAC445A.487. Variances: General conditions and procedure for granting.

     1. The Commission may grant a variance from a primary drinking water regulation to a public water system which cannot meet a requirement respecting a maximum contaminant level specified in such drinking water regulation because of characteristics of the raw water source or sources which are reasonably available to the system. A variance may be issued to a system on the condition that the public water system install the best available technology, treatment techniques or other means which the Commission and the Administrator of the United States Environmental Protection Agency find are reasonably available after taking costs into consideration and based on an evaluation satisfactory to the Commission that indicates that alternative sources of water are not reasonably available to the public water system. Before such a variance may be granted, the Commission must find that the variance will not result in an unreasonable risk to health.

     2. The Commission may grant a variance to a public water system from any provision of a primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant. Before the issuance of such a variance, the public water system must demonstrate to the satisfaction of the Commission that the treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of the system.

     3. The Commission may grant a variance from a secondary drinking water regulation to a public water system in accordance with the procedures for seeking variances from the Commission.

     4. Public hearings and other procedures for consideration of requests for variances from NAC 445A.450 to 445A.492, inclusive, must be conducted in accordance with the procedures for seeking variances from the Commission. The Commission will grant a variance from a regulation only if it finds from the evidence presented at the hearing that:

     (a) There are circumstances or conditions which:

          (1) Are unique to the applicant;

          (2) Do not generally affect other persons subject to the regulation;

          (3) Make compliance with the regulation unduly burdensome; and

          (4) Cause a hardship to and abridge a substantial property right of the applicant; and

     (b) Granting the variance:

          (1) Is necessary to render substantial justice to the applicant and enable him or her to preserve and enjoy his or her property right; and

          (2) Will not be detrimental or pose a danger to public health and safety.

Ê Whenever an applicant for a variance alleges that he or she suffers or will suffer economic hardship by complying with the regulation, the applicant must submit evidence demonstrating the costs of his or her compliance with the regulation. The Commission will consider the evidence and determine whether those costs are unreasonable.

     5. As used in this section, “best available technology, treatment techniques or other means” means technology, techniques and means which are found reasonably available by the Administrator of the United States Environmental Protection Agency and which are identified and applied in accordance with 40 C.F.R. §§ 141.61 to 141.66, inclusive, and 142.61 to 142.65, inclusive, as adopted by reference in NAC 445A.4525.

     [Bd. of Health, Water Quality Standards Art. 6, eff. 12-14-77]—(NAC A 7-16-92; A by Environmental Comm’n by R126-05, 10-31-2005; R194-08, 10-27-2009)