# WAC 246-290-060: WAC 246-290-060. Variances, exemptions, and waivers > Washington · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_060 ## Section - **Citation:** WAC 246-290-060 - **Heading:** WAC 246-290-060. Variances, exemptions, and waivers - **Jurisdiction:** Washington - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Administrative Code / Title 246 / Chapter 246-290 / Section 246-290-060 ## Text (1) General. (a) The state board of health may grant variances, exemptions, and waivers of the requirements of this chapter according to the procedures outlined in subsection (5) of this section. See WAC 246-290-300 (4)(g) and (7)(f) for monitoring waivers. (b) Consideration by the board of requests for variances, exemptions, and waivers shall not be considered adjudicative proceedings as that term is defined in chapter 34.05 RCW. (c) Statements and written material regarding the request may be presented to the board at or before the public hearing where the application will be considered. Allowing cross-examination of witnesses shall be within the discretion of the board. (d) The board may grant a variance, exemption, or waiver if it finds: (i) Due to compelling factors, the public water system is unable to comply with the requirements; and (ii) The granting of the variance, exemption, or waiver will not result in an unreasonable risk to the health of consumers. (2) Variances. (a) MCL. (i) The board may grant a MCL variance to a public water system that cannot meet the MCL requirements because of characteristics of the source water that is reasonably available to the system. (ii) A MCL variance may only be granted in accordance with 40 C.F.R. 141.4. (iii) A variance shall not be granted from the MCL for presence of E. coli under WAC 246-290-310 (2). (b) Treatment techniques. (i) The board may grant a treatment technique variance to a public water system if the system demonstrates that the treatment technique is not necessary to protect the health of consumers because of the nature of the system's source water. (ii) A treatment technique variance granted in accordance with 40 C.F.R. 141.4. (iii) A variance shall not be granted from any treatment technique requirement under Part 6 of chapter 246-290 WAC. (c) The board shall condition the granting of a variance upon a compliance schedule as described in subsection (6) of this section. (3) Exemptions. mers because of the nature of the system's source water. (ii) A treatment technique variance granted in accordance with 40 C.F.R. 141.4. (iii) A variance shall not be granted from any treatment technique requirement under Part 6 of chapter 246-290 WAC. (c) The board shall condition the granting of a variance upon a compliance schedule as described in subsection (6) of this section. (3) Exemptions. (a) The board may grant a MCL or treatment technique exemption to a public water system that cannot meet an MCL standard or provide the required treatment in a timely manner, or both, in accordance with 40 C.F.R. 141.4. (b) No exemption shall be granted from: (i) The requirement to provide a residual disinfectant concentration in the water entering the distribution system under WAC 246-290-662 or 246-290-692 ; or (ii) The MCL for presence of E. coli under WAC 246-290-310 (2). (c) The board shall condition the granting of an exemption upon a compliance schedule as described in subsection (6) of this section. (4) Waivers. The board may grant a waiver to a public water system if the system cannot meet the requirements of these regulations pertaining to any subject not covered by EPA variance and/or exemption regulations. (5) Procedures. (a) For variances and exemptions. The board shall consider granting a variance or exemption to a public water system in accordance with 40 C.F.R. 141.4. (b) For waivers. The board shall consider granting a waiver upon completion of the following actions: (i) The purveyor applies to the department in writing. The application, which may be in the form of a letter, shall clearly state the reason for the request; (ii) The purveyor provides notice of the purveyor's application to consumers and provides proof of the notice to the department; (iii) The department prepares a recommendation to the board; and (iv) The board provides notice for and conducts a public hearing on the purveyor's request. (6) Compliance schedule. on, which may be in the form of a letter, shall clearly state the reason for the request; (ii) The purveyor provides notice of the purveyor's application to consumers and provides proof of the notice to the department; (iii) The department prepares a recommendation to the board; and (iv) The board provides notice for and conducts a public hearing on the purveyor's request. (6) Compliance schedule. (a) The board shall condition the granting of a variance or exemption based on a compliance schedule. The compliance schedule shall include: (i) Actions the purveyor shall undertake to comply with a MCL or treatment technique requirement within a specified time period; and (ii) A description and time-table for implementation of interim control measures the department may require while the purveyor completes the actions required in (a)(i) of this subsection. (b) The purveyor shall complete the required actions in the compliance schedule within the stated time frame. (7) Extensions to variances and exemptions. The board may extend the final date of compliance prescribed in the compliance schedule for a variance and/or exemption in accordance with 40 C.F.R. 141.4. ## Nearby sections - [WAC 246-290-001 WAC 246-290-001. Purpose and scope](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_001.md) - [WAC 246-290-002 WAC 246-290-002. Guidance](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_002.md) - [WAC 246-290-010 WAC 246-290-010. Definitions, abbreviations, and acronyms](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_010.md) - [WAC 246-290-020 WAC 246-290-020. Applicability](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_020.md) - [WAC 246-290-025 WAC 246-290-025. Adoption by reference](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_025.md) - [WAC 246-290-030 WAC 246-290-030. General administration](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_030.md) - [WAC 246-290-035 WAC 246-290-035. Water system ownership](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_035.md) - [WAC 246-290-040 WAC 246-290-040. Engineering requirements](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_040.md) - [WAC 246-290-050 WAC 246-290-050. Enforcement](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_050.md) - [WAC 246-290-060 WAC 246-290-060. Variances, exemptions, and waivers](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_060.md) - [WAC 246-290-100 WAC 246-290-100. Water system plan](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_100.md) - [WAC 246-290-105 WAC 246-290-105. Small water system management program](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_105.md) - [WAC 246-290-106 WAC 246-290-106. Duty to provide service](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_106.md) - [WAC 246-290-107 WAC 246-290-107. Place of use expansion](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_107.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_246_290_060. Check the current official text before relying on it. Not legal advice.