65-171q. Same; exemptions; required findings; notice; requests for public hearings; scheduled compliance.
65-171q
65-171q. Same; exemptions; required findings; notice; requests for publichearings; scheduled compliance.(a) The secretary of health and environment may grant anexemption from any requirement relating to a maximum contaminant level orfrom any treatment technique requirement, or from both, of an applicableprimary drinking water standard to a public water supply system upon a findingthat: (1) The exemption will not result in an unreasonable risk to the publichealth; (2) the public water supply system is unable to comply with thecontaminant level or treatment technique requirement due to compelling factors,which may include economic factors; and (3) the public water supply systemwas in operation on the effective date of the contaminant level or treatmenttechnique requirement.
(b) Prior to granting an exemption, the secretary shall provide noticein a newspaper of general circulation serving the area served by the publicwater supply system of the proposed exemption and that interested personsmay request a public hearing on the proposed exemption.
(c) If a public hearing is requested the secretary shall set a time andplace for the hearing. Frivolous and insubstantial requests for a hearingmay be denied by the secretary. An exemption shall be conditioned on monitoring,testing, analyzing or other requirements to insure the protection of thepublic health. An exemption granted shall include a schedule of complianceunder which the public water supply system is required to meet each contaminantlevel or treatment technique requirement for which an exemption is grantedwithin a reasonable time as specified by the secretary.
History: L. 1977, ch. 212, § 9; April 14.