(a) A public water system requesting a small system variance must provide accurate and correct information to the State or the Administrator to issue a small system variance in accordance with this subpart. A State may assist a public water system in compiling information required for the State or the Administrator to issue a small system variance in accordance with this subpart.
(b) Based upon an application for a small system variance and other information, and before a small system variance may be proposed under this subpart, the State or the Administrator must find and document the following:
(1) The public water system is eligible for a small system variance pursuant to Sec. Sec. 142.303 (i.e., the system serves a population of fewer than 10,000 persons) and 142.304 (i.e., the contaminant for which the small system variance is sought is not excluded from variance eligibility);
(2) The public water system cannot afford to comply, in accordance with the affordability criteria established by the State (or by the Administrator in States which do not have primary enforcement responsibility), with the national primary drinking water regulation for which a small system variance is sought, including by:
(i) Treatment;
(ii) Alternative sources of water supply;
(iii) Restructuring or consolidation changes, including ownership change and/or physical consolidation with another public water system; or
(iv) Obtaining financial assistance pursuant to Section 1452 of the Act or any other Federal or State program;
(3) The public water system meets the source water quality requirements for installing the small system variance technology developed pursuant to guidance published under section 1412(b)(15) of the Act;
(4) The public water system is financially and technically capable of installing, operating and maintaining the applicable small system variance technology; and
(5) The terms and conditions of the small system variance, as developed through compliance with Sec. 142.307, ensure adequate protection of human health, considering the following:
(i) The quality of the source water for the public water system; and
(ii) Removal efficiencies and expected useful life of the small system variance technology.