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25 Pa. Code § 109.908. Compliance schedules.

§ 109.908. Compliance schedules.

 (a)  For a variance specified in §  109.901(a) (relating to requirements for a variance) or an exemption specified in §  109.903 (relating to requirements for an exemption), the Department will issue a schedule for:

   (1)  Compliance by the public water system with the maximum contaminant level requirement covered by the variance or exemption and the treatment technique requirement covered by the exemption.

   (2)  Implementation by the public water supplier of control measures as the Department may require for the contaminant covered by the variance or exemption. The schedule will specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be completed.

 (b)  For a variance specified by §  109.901(a), the schedule for compliance will specify dates by which steps toward compliance are to be taken, including:

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

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

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

 (c)  The schedule for a variance shall cover a time period no greater than 2 years. A new schedule covering a time period no greater than 2 years shall be proposed for the variance renewal.

 (d)  The compliance schedule for an exemption will be limited to the time reasonably necessary for the public water system to achieve compliance, and will not extend beyond the dates prescribed in the Federal act or Federal regulations for the expiration of exemptions.

 (e)  In accordance with 40 CFR 142.20(b)(2) (relating to State-issued variances and exemptions under section 1415(a) and section 1416 of the act), the Department may renew an exemption for a public water system that serves fewer than 3,300 persons and which needs financial assistance for the necessary improvements under the initial compliance schedule, provided the Department establishes that the system is taking all practicable steps to meet the requirements of this subchapter and the established compliance schedule to achieve full compliance with the applicable MCL or treatment technique requirement. The Department must document its findings in granting an extension under this subsection.


   The provisions of this §  109.908 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial page (290585).

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