851 



•native treatment technique which is the basis of 

 the variance. 



(b) Enforcement of schedule or other requirement. 

 Any schedule or other requirement on which a 



variance granted under paragraph (1)(B) or (2) of 

 subsection (a) of this section is conditioned may 

 be enforced under section 300g-3 of this title as if 

 such schedule or other requirement was part of a 

 national primary drinlcing water regulation. 



(c) Applications for variances; regulations: reason- 

 able time for acting. 



If an application for a variance imder subsection 



(a) of this section is made, the State receiving the 

 application or the Administrator, as the case may be, 

 shall act upon such application within a reasonable 

 period (as determined xmder regulations prescribed 

 by the Administrator) after the date of its sub- 

 mission. 



(d) "Treatment technique requirement" defined. 



For purposes of this section, the term "treatment 

 technique requirement" means a requirement in a 

 national primary drinking water regulation which 

 specifies for a contaminant (in accordance with sec- 

 tion 300f(l) (C) (ii) of this title) each treatment 

 technique known to the Administrator which leads 

 to a reduction in the level of such contaminant sufH- 

 clent to satisfy the requirements of section 300g-l 



(b) (3) of this title. (July 1. 1944, ch. 373, title XIV. 

 § 1415, as added Dec. 16, 1974, Pub. L. 93-523, { 2(a). 

 88 Stat. 1869.) 



§ 300g-5. Exemptions. 



(a) Requisite findings. 



A State which has primary enforcement responpi- 

 bility may exempt any public water system within 

 the State's jurisdiction from any requirement re- 

 specting a maximum contaminant level or any treat- 

 ment technique requirement, or from both, of an 

 applicable national primary drinking water regtila- 

 tion upon a finding that — 



(1) due to compelling factors (which may In- 

 clude economic factors) , the public water system 

 is unable to comply with such contaminant level or 

 treatment technique requirement. 



(2) the public water system was in oiJeration on 

 the effective date of such contaminant level or 

 treatment technique requirement, and 



(3) the granting of the exemption will not re- 

 sult in an unreasonable risk to health. 



(b) Compliance schedule and implementation of con- 

 trol measures; notice and hearing; dates for com- 

 pliance with schedule; compliance, enforcement; 

 approval or revision of schedules and revocation of 

 exemptions. 



(1) If a State grants a public water system e^n 

 exemption under subsection (a) of this section, the 

 State shall prescribe, within one year of the datft 

 the exemption is granted, a schedule for — 



(A) compliance (including increments of prog- 

 ress) by the public water system with each con- 

 tainment level requirement and treatment tech- 

 nique requirement with respect to which the ex- 

 emption was granted, and 



(B) implementation by the public water system 



84-049 O - 77 - 56 



of such control measures as the State may require 

 for each containment, subject to such contaminant 

 level requirement or treatment technique require- 

 ment, during the period ending on the date com- 

 pliance with such requirement Is required. 

 Before a schedule prescribed by a State pursuant to 

 this subsection may take effect, the State shall pro- 

 vide notice and opportunity for a public hearing on 

 the schedule. A notice given pursuant to the preced- 

 ing sentence may cover the prescribing of more than 

 one such schedule and a hearing held pursuant to 

 such notice shall include each of the schedules cov^ 

 ered by the notice. 



(2 ) ( A) A schedule prescribed pursuant to this sub-. 

 section for a public water system granted an exemp-. 

 tion under subsection (a) of this section shall require 

 compliance by the system with each contaminant 

 level and treatment technique requirement with re- 

 spect to which the exemption was granted as expedi- 

 tiously as practicable (as the State may reasonably 

 determine) but (except as provided in subparagraph 

 (B)) — 



(i) in the case of an exemption granted with re-, 

 spect to a contaminant level or treatment tech- 

 nique requirement ^^.j-escribeii by tl}e interim, 

 national primary drinking water regulations 

 promulgated under section 300g-l(a) of this tiUe. 

 not later than January 1, 1981; and 



(ii) in the case of an exemption granted with 

 respect to a contaminant level or treatment tech- 

 nique requirement prescribed by revised naUonal 

 primary drinking water regulations, not later than 

 seven years after the date such requirement takes 

 effect. 



(B) Notwithstanding clauses (1) and (11) of sub- 

 paragraph (A) of this paragraph, the final date for 

 compliance prescribed in a schedule prescribed pur- 

 suant to this subsection for an exemption granted 

 for a public water system which (as determined by 

 the State granting the exemption) has entered into 

 an enforceable agreement to become a part of a re- 

 gional public water system shall— 



(i) in the case of a schedule prescribed for an 

 exemption granted with respect to a contaminant 

 level or treatment technique requirement pre- 

 scribed by interim national primary drinking 

 water regulations, be not later than January 1 

 1983; and ' 



■^ (ii) in the case of a schedule prescribed for an 

 exemption granted with respect to a contami- 

 nant level or treatment technique requirement 

 prescribed by revised national primary drinking 

 water regulations, be not later than nine yeara 

 after such requirement takes effect. 

 (3) Each public water system's exemption granted 

 by a State under subsection (a) of this section shall 

 be conditioned by the State upon compliance by the 

 public water system with the schedule prescribed by 

 the State pursuant to this subsection. The require- 

 ments of each schedule prescribed by a State pur- 

 suant to this subsection shall be enforceable by the 

 State under its laws. Any requirement of a schedule 

 on which an exemption granted under this section is 

 conditioned may be enforced under section 300g-3 of 



