Rule 391-3-5-.33 - Variances and Exemptions(1) Variances and exemptions from certain provisions of these regulations may be granted by the Director pursuant to O.C.G.A. Sec. 12-5-178 and 40 CFR § 141.4 and in the case of arsenic, 40 CFR § 142.20(b).(2) Variances or exemptions from the MCLs for total coliforms and E. coli and variances from any of the treatment technique requirements of Subpart H systems may not be granted. As provided in 40 CFR § 142.304(a), small systems variances are not available for rules addressing microbial contaminants, which would include 40 CFR Part 141 Subparts H, P, S, T, W, and Y.(3) The Division has stayed the effective date relating to the total coliform MCL of Rule 391-3-5-.18(4)(a) for systems that demonstrate to the Division that the violation of the total coliform MCL is due to a persistent growth of total coliforms in the distribution system rather than fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation or maintenance of the distribution system. This is stayed until March 31, 2016, at which time the total coliform MCL is no longer effective.Ga. Comp. R. & Regs. R. 391-3-5-.33
O.C.G.A. § 12-5-170et seq.
Original Rule entitled "Variance Request" adopted. F. July 5, 1977; eff. July 26, 1977, as specified by Rule 391-3-5-.47.Repealed: New Rule entitled "Variances and Exemptions" adopted. F. May 12, 1989; eff. June 1, 1989.Amended: F. Sept. 24, 1999; eff. Oct. 14, 1999.Amended: F. Dec. 10, 2002; eff. Dec. 30, 2002.Amended: F. Jan. 8, 2014; eff. Jan. 28, 2014.Amended: New title "Variances and Exemptions." F. Feb. 29, 2016; eff. Mar. 20, 2016.Amended: F. Apr. 22, 2021; eff. May 12, 2021.