NAC445A.489. Exemptions: General conditions and procedure for granting.

     1. The Commission may grant an exemption from any requirement respecting a maximum contaminant level or treatment technique of an applicable primary drinking water regulation to:

     (a) A public water system which was in operation on the effective date of the requirement if:

          (1) Because of compelling factors, including economic considerations, such as qualification of the public water system as serving a disadvantaged community, the public water system is unable to comply or to implement measures to develop an alternative source of supply;

          (2) The granting of the exemption will not result in an unreasonable risk to health; and

          (3) Management or restructuring changes, or both, cannot reasonably be made that will result in compliance with the primary drinking water standards or, if compliance cannot be achieved, improve the quality of the drinking water; or

     (b) A public water system which was not in operation on the effective date of the requirement if:

          (1) Because of compelling factors, including economic considerations, such as qualification of the public water system as serving a disadvantaged community, the public water system is unable to comply or to implement measures to develop an alternative source of supply;

          (2) There is no reasonable alternative source of drinking water available to the public water system;

          (3) The granting of the exemption will not result in an unreasonable risk to health; and

          (4) Management or restructuring changes, or both, cannot reasonably be made that will result in compliance with the primary drinking water standards or, if compliance cannot be achieved, improve the quality of the drinking water.

     2. Public hearings and other procedures for consideration of requests for exemptions from NAC 445A.450 to 445A.5405, inclusive, must be conducted in accordance with the procedures for seeking variances from the Commission.

     3. As used in this section, “disadvantaged community” means an area served by a public water system in which the average income per household is less than 80 percent of the median household income of the county.

     [Bd. of Health, Water Quality Standards Art. 7 §§ 7.4-7.4.3 & 7.6, eff. 12-14-77]—(NAC A 12-3-90; 7-16-92; A by Environmental Comm’n by R126-05, 10-31-2005; R194-08, 10-27-2009)