Department of Environmental Protection

Submit IOC Waiver Request (3900-FM-BSDW0020c)

On May 23, 2009, the department updated Chapter 109 (Safe Drinking Water) regulations. This was to meet federal standards and maintain the Safe Drinking Water Program. The monitoring waiver rules also needed changes. In 2018, updates included new fees for waivers.

Overview

The compliance cycle runs from 2011-2019, then from 2020-2028. It splits into three periods:

  • 2020-2022

  • 2023-2025

  • 2026-2028

Public water systems (PWS) must monitor or apply for waivers using new forms starting 2020.

PWSs must submit waiver requests with:

  • Past monitoring results

  • A land use inventory around water sources

  • A list of substances used in those areas

  • A map showing water sources and nearby land uses

Each entry point (EP) needs a separate waiver request. If treatment is installed at an EP, that point can't get a waiver for the treated contaminant.

Requests must be in writing and approved before the monitoring period ends. Until then, PWSs must monitor.

Waivers last one compliance period but can be renewed. The department can revoke waivers if conditions change.

IOC Requirements

  • Surface water PWSs must monitor annually or obtain/renew waivers.

  • Groundwater PWSs must monitor every three years or obtain/renew waivers.

 

Regulation Updates

The final rulemaking was published on May 23, 2009. It included updates on monitoring waivers and:

  • Incorporated federal requirements for various rules.

  • Added new data quality requirements.

  • Clarified several compliance rules.

The 2018 updates, published on August 18, 2018, revised fees and moved them to a new code section.