Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

25 Pa. Code § 109.902. Variance request.

§ 109.902. Variance request.

 A water supplier may request the granting of a variance or a variance renewal for a public water system by submitting a request for a variance in writing to the Department. Water suppliers may submit a joint request for variances when they seek similar variances under similar circumstances. A written request for a variance shall include the following information:

   (1)  The nature and duration of the variance requested.

   (2)  Relevant analytical results of water quality sampling of the system including, but not limited to, results of tests required by Subchapter C (relating to monitoring requirements) and raw water quality analyses.

   (3)  For a request made under §  109.901(a) (relating to requirements for a variance):

     (i)   Evidence that the best available treatment technology and techniques have been applied and a full explanation of the technology and techniques.

     (ii)   Factors relevant to ability to comply and availability of alternative raw water sources.

     (iii)   A proposed compliance schedule, including the date each step toward compliance will be achieved. The schedule shall include as a minimum the following dates:

       (A)   Date by which arrangement for alternative raw water source or improvement of existing raw water source will be completed.

       (B)   Date of initiation of the connection of the alternative raw water source or improvement of existing raw water source.

       (C)   Date by which final compliance is to be achieved.

     (iv)   A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested.

     (v)   A plan for interim control measures during the effective period of variance.

   (4)  For a request made under §  109.901(b), a statement that the supplier will perform monitoring and other reasonable requirements prescribed by the Department in concurrence with the Administrator as a condition of the variance.

   (5)  Other information believed to be pertinent by the applicant.

   (6)  Other relevant information the Department may require.


   The provisions of this §  109.902 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.