NAC445A.490. Exemptions: Prescription of control measures and schedules for compliance; additional requirements.

     1. The Commission will, when it grants an exemption to a public water system, prescribe:

     (a) A schedule for compliance, including increments of progress or measures to develop an alternative source of water supply, with the contaminant level or treatment technique requirement with respect to which the exemption was granted.

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

     2. No such schedule for compliance or effectuation may take effect until the Commission 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 exemption hearing.

     3. A schedule approved by the Commission or the appropriate district board of health must require compliance by the public water system with each contaminant level requirement for which the exemption was granted as expeditiously as the Commission or the appropriate district board of health determines to be practicable except as otherwise provided by the Federal Act.

     4. An exemption may not be granted unless the public water system establishes that:

     (a) The public water system cannot meet the standard without the capital improvements which cannot be completed before the date established by the Federal Act;

     (b) In the case of a public water system which needs financial assistance for the necessary improvements, the public water system has entered into an agreement to obtain such financial assistance from any other state or federal program or any such assistance is reasonably likely to be available within the period of the exemption; or

     (c) The public water system has entered into an enforceable agreement to become part of a regional public water system and the public water system is taking all practicable steps to meet the standard.

     5. In the case of a public water system which does not serve a population of more than 3,300 and which needs financial assistance for the necessary improvements, an exemption granted under subsection 4 may be renewed for one or more additional 2-year periods, but not to exceed a total of 6 years, if the public water system establishes that it is taking all practicable steps to meet the requirements of subsection 4.

     6. A public water system may not receive an exemption under this section if the system was granted a variance under NAC 445A.487 or 445A.4872.

     [Bd. of Health, Water Quality Standards Art. 7 §§ 7.5-7.5.4.3, 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)