Laserfiche WebLink
<br />----- - --------0 <br /> <br />this subsection shall be available only to a system-- <br />~~(A) that cannot afford to comply, in accordance <br />with affordability criteria established by the <br />Administrator (or the State in the case of a State that <br />has primary enforcement responsibility under section <br />1413), with a national primary drinking water <br />regulation, including compliance through-- <br />~~ (i) treatment; <br /> <br />[[Page no STAT. 1642]] <br /> <br />"(ii) alternative source of water supply; or <br />~~(iii) restructuring or consolidation (unless <br />the Administrator (or the State in the case of a <br />State that has primary enforcement responsibility <br />under section 1413) makes a written determination <br />that restructuring or consolidation is not <br />practicable); and <br />"(B) for which the Administrator (or the State in <br />the case of a State that has primary enforcement <br />responsibility under section 1413) determines that the <br />terms of the variance ensure adequate protection of <br />human health, considering the quality of the source <br />water for the system and the removal efficiencies and <br />expected useful life of the treatment technology <br />required by the variance. <br />~~(4) Compliance schedules.--A variance granted under this <br />subsection shall require compliance with the conditions of the <br />variance not later than 3 years after the date on which the <br />variance is granted, except that the Administrator (or the State <br />in the case of a State that has primary enforcement <br />responsibility under section 1413) may allow up to 2 additional <br />years to comply with a variance technology, secure an <br />alternative source of water, restructure or consolidate if the <br />Administrator (or the State) determines that additional time is <br />necessary for capital improvements, or to allow for financial <br />assistance provided pursuant to section 1452 or any other <br />Federal or State program. <br />~~(5) <<NOTE: Review.>> Duration of variances.--The <br />Administrator (or the State in the case of a State that has <br />primary enforcement responsibility under section 1413) shall <br />review each variance granted under this subsection not less <br />often than every 5 years after the compliance date established <br />in the variance to determine whether the system remains eligible <br />for the variance and is conforming to each condition of the <br />variance. <br />"(6) Ineligibility for variances.--A variance shall not be <br />available under this subsection for-- <br />~~(A) any maximum contaminant level or treatment <br />technique for a contaminanc with respect to which a <br />national primary drinking water regulation was <br />promulgated prior to January I, 1986; or <br />"(B) a national prima~y drinking water regulation <br />for a microbial contaminant (including a bacterium, <br />virus, or other organism) or an indicator or treatment <br />technique for a microbial contaminant. <br />"(7) Regulations and guidance.-- <br />"(AI In general.--Not later than 2 years after the <br />date of enactment of this subsection and in consultation <br />with the States, the Administrator shall promulgate <br /> <br />http://www.epa.gov/safewater/sdwaltext.html <br /> <br />-l- "5..... -'J V-l UJ <br /> <br />12/20/2001 <br />