NAC445A.488. Variances: Prescription of additional control measures and schedules for compliance.

     1. The Commission will, when it grants a variance to a public water system pursuant to NAC 445A.487 or 445A.4872, prescribe:

     (a) A schedule for compliance, including increments of progress, with the contaminant level requirement with respect to which the variance was granted.

     (b) Such additional control measures as it may require for the contaminant during the period ending on the date compliance with the requirement is required.

     2. The Commission will require, when it grants a variance to a public water system pursuant to NAC 445A.487 or 445A.4872, unless an exemption is granted to a public water system pursuant to NAC 445A.489 or 445A.490, compliance with the conditions of the variance not later than 3 years after the date on which the variance was granted, except that a public system may be granted up to 2 additional years to comply with a variance technology, to secure an additional source of water, restructure or consolidate if the Division or the appropriate district board of health determines that additional time is necessary for capital improvements or to allow for financial or technical assistance from any other federal or state program.

     3. No such schedule for compliance or effectuation may take effect until the Division or the appropriate district board of health has approved, or approved with modifications, the schedule after notice and a public hearing held in the same manner as the variance hearing.

     4. A schedule approved by the Commission must require compliance by the public water system with each contaminant level requirement for which the variance was granted, as expeditiously as the Commission determines to be practicable.

     [Bd. of Health, Water Quality Standards Art. 7 §§ 7.1.2-7.1.2.2.2, eff. 12-14-77]—(NAC A 12-3-90; A by Environmental Comm’n by R126-05, 10-31-2005; R194-08, 10-27-2009)