Variances and Conditional Waivers

If a water system cannot comply with an MCL, the SDWA allows states to grant variances and conditional waivers in certain situations.

Variance

A variance can be granted by the state if the following conditions apply:

• The water system has already installed BAT
• There is no unreasonable risk posed to the public health.

In granting a variance, the WDNR must establish a schedule for the system to come into compliance and any additional measures the water system must undertake during the period of the variance.

Conditional Waiver (or Exemption)

The state may also grant a conditional waiver to a water system if the following three conditions exist:

• The water system is unable to comply due to compelling factors
• No unreasonable risk to public health will exist as a result of the conditional waiver
• The water system was in operation prior to January 1, 1989, or if a newer system, there is no reasonable alternate drinking water source available.

In granting a conditional waiver, the state may require conditions such as:

• Increased monitoring
• Public notification
• Installation of point-of-use treatment or filtration devices
• Providing alternate water supplies to the customers.

Conditional waivers are not generally granted for a period exceeding three years

Difference Between Variances and Conditional Waivers

As opposed to variances, conditional waivers do not necessarily require the system to install treatment technology prior to conditional waiver application.