Statement of Purpose

 Citation

 Scope

This policy includes all engineering related drinking water rule waivers within each Regional Office jurisdiction, including waivers recommended by Health Districts located within the Regional Office jurisdiction.

 Policy

Authority for granting waivers for the Idaho Rules for Public Drinking Water Systems, Sections IDAPA 16.01.08.550 through 552 is hereby transferred to the Regional Administrator for each of the six regions of DEQ. Application for the waiver must be made by the public water system using the attached application form or through a letter which contains the same information as the form. Health Districts located within the Regional Office jurisdiction shall forward recommended waiver applications to the appropriate DEQ Regional Office for action. The responsible regional staff shall review the application using the attached checklist, prepare a Staff Analysis, and draft the waiver.

In considering granting the waiver, the regional staff may request peer review through another regional office or central office staff. If the waiver is denied, the public water system should be notified as soon as possible with the reasons for denial through a letter from the Regional Administrator generated by the Regional Office staff person responsible for processing the waiver application. If the waiver can be granted, the whole package must be sent through the regional office section supervisor for their review, and then on to the Regional Administrator for consideration, approval (or denial), and signature.

Waiver Application

A waiver application form is provided with this policy to provide a format by which a public water system can apply for a waiver. The application provides basic information about the water system such as PWS#, name, address, and phone numbers. It also identifies the name of the project for which the waiver is wanted and the location of the project or waiver site. The applying water system is asked to cite and directly quote the Rule(s) for which the waiver is requested. They are also asked if they are current with their fees to DEQ and if they are in compliance with all other drinking water rules. The application information should be sufficient for a regional office staff person to begin an evaluation of considerations for providing or denying the waiver. If additional information is needed, the staff person will need to request the information from the water system or the system's engineer.

Staff Analysis

The Staff Analysis is perhaps the most important part of the waiver process. The analysis fully documents the evaluation and consideration that is given to the waiver request and either supports waiver issuance or denial. The analysis may start with a site visit to the project or waiver site whereby the DEQ staff person can see directly the situation and location of any possible contamination sources. The attached Waiver Development Checklist is provided to assist in preparation of the Staff Analysis and the Waiver.

A Staff Analysis format is provided with this policy as a guide. The analysis should provide the background information from the waiver application and additional information that the DEQ staff person has developed while conducting the evaluation. The analysis then cites and comprehensively quotes the Rule(s) for which the waiver is requested. The analysis presents all the considerations for the waiver as it relates to the three conditions set forth in IDAPA 16.01.08.005.01.a as follows:

• The requirement is not necessary for the protection of public health.
• The requirement is not necessary for protection from contamination.
• The requirement is not necessary for satisfactory operation and maintenance.

The next section of the analysis lists any or all of the conditions that the water system must meet for the waiver to be granted. These conditions could be alternative requirements to the waived Rule(s) which allow the water system to meet the three restrictions listed above. One very important aspect of the evaluation and the analysis is to review and consider all other sections of the drinking water rules (and standards) which could relate to the waiver. For instance, if the waiver is addressing a well lot where the well is or will be placed too close to the property line, the evaluation must address the proper distance to non-potable pipelines such as sewer, storm water, or pressure irrigation which are, or could be, located too close to the well itself. A special condition may require a special sanitary easement beyond the property line to exclude sources of contamination which are covered in another section of the Rules. The last section of the analysis is for a summary, conclusions, and recommendations. It should contain a concise summary of the rationale and information considered in determining why the waiver was recommended for approval or denial. Documenting and recording the rationale is very important in case the decision is challenged or litigated in the future. The record will protect both the public water system and DEQ.

Waiver

The attached waiver form replaces the earlier approach of a letter to make the action more formal and possibly more easy to find in the files later. The waiver form concisely summarizes the background or stated need for the waiver and cites and states exactly and comprehensively the Rule(s) which are being waived. The waiver then presents the general and site specific conditions which the water system must meet to be granted the waiver. These conditions could include a compliance schedule to achieve compliance with some other aspect of the drinking water rules such as the Total Coliform Rule. The waiver form includes a signature block for the Regional Administrator to sign and date the waiver as a formal issuance. The waiver would then be transmitted to the water system and any other interested parties with a short transmittal letter. A form letter or format for the transmittal has not been provided.

In the event a waiver is denied by the Regional Administrator, the water system may submit additional information to the Regional Administrator for further consideration or submit a request to the Drinking Water Manager in the Water Quality and Remediation Division for reconsideration by the Division Administrator.

Consent Order

In some cases a Consent Order may need to be developed, negotiated, and signed before the waiver can be granted. If the public water system is not in compliance with some other aspect of the Rules, compliance would have to be met before issuance of the waiver. For instance, if the water system is not current with their fees or maybe their IOC, VOC, or SOC monitoring, then the fees must be paid and the monitoring completed before the waiver is granted. If the water system is in violation of some aspect of the Total Coliform Rule, then a condition could be included in the waiver to bring them into compliance. However, if the water system is two rounds behind in their lead/copper monitoring, compliance may take several months to over a year to achieve. In that case a Consent Order with a compliance schedule would be needed to bring the water system into compliance and still grant the waiver in a reasonable time period. No waiver for Sections 550 through 552 of the Rules should be granted without bringing the water system into compliance with all other parts of the Rules. However, Regional Office staff should exercise discretion in circumstances where difficult or highly expensive modifications are needed and an extended compliance schedule is appropriate. A standard Consent Order is not included with this policy but is under development.

Recordkeeping

Waiver(s) for a particular public water system should be maintained in a separate and distinct file to allow them to always be easily seen and found. For instance, a unique colored folder could be used for waivers to mark them in the files. Also, a copy of the waiver or denial and supporting documentation shall be sent to the Drinking Water Manager in Central Office to maintain a file on waivers.

 Implementation

This policy shall be effective immediately.

DATED: 1997.

WALLACE N. CORY, P.E.
ADMINISTRATOR