NAC445A.4872. Variances: Small water systems.

     1. The Commission may grant a variance, subject to the provisions of subsection 2, for compliance with a requirement specifying a maximum contaminant level or treatment technique to:

     (a) Public water systems serving 3,300 or fewer persons; or

     (b) With approval from the Federal Government, public water systems serving more than 3,300 persons but fewer than 10,000 persons,

Ê if the variance meets the requirements of this section.

     2. A variance is available under subsection 1 if:

     (a) The Federal Government has identified a variance technology under 42 U.S.C. § 300g-1(b)(15) of the Federal Act that is applicable to the size and quality conditions of the source water of the public water system;

     (b) The public water system installs, operates and maintains, in accordance with guidance or regulations issued by the Federal Government, such treatment technology, treatment technique or other means; and

     (c) The Division determines the conditions of subsection 3 are met.

     3. A variance under this section is only available to a public water system that cannot afford, in accordance with affordability criteria, to comply with a national drinking water regulation, including compliance through:

     (a) Treatment;

     (b) Alternative source water supply; or

     (c) Restructuring or consolidation, unless the Division makes a determination that restructuring or consolidation is not practicable.

     4. The Commission must determine that the terms of the variance ensure adequate protection of human health, considering the quality of the source water for the public water system and the removal efficiencies and expected useful life of the treatment technology required by the variance.

     5. As used in this section, “affordability criteria” includes the public water system being in an area in which the average income per household is less than 80 percent of the median household income of the county in which the system is located, and the public water system has water rates equal to or exceeding 1.5 percent of water system median household income upon implementation of a project to achieve compliance with the regulation from which a variance is sought. For the purposes of this subsection:

     (a) The median household income of the county in which the system is located must be taken from the latest data available from the Bureau of the Census of the United States Department of Commerce.

     (b) The water system median household income must be taken from the latest data available from the Bureau of the Census for the subject tract, unless a site specific survey is conducted using methodologies approved by the Division or the appropriate district board of health.

     (Added to NAC by Environmental Comm’n by R126-05, eff. 10-31-2005)