No public water system shall be granted a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL) without first demonstrating that the system cannot meet the MCL or MRDL despite application of Best Available Technology (BAT).
    (1) If a public water system has not installed BAT before requesting a variance from a maximum contaminant level or maximum residual disinfectant level, the Department shall require, as a condition of granting the variance, that the system install BAT except as provided in subsection (2), below.
    (2) If a public water system can demonstrate through comprehensive engineering assessments, which shall include pilot plant studies, that BAT would only achieve an insignificant reduction in a contaminant or disinfectant residual, the Department shall require, as a condition of granting a variance, that the system examine other treatment methods.
    (3) If the Department determines that a treatment method examined under subsection (2), above, is technically feasible, the public water system shall propose a new compliance schedule addressing installation of the treatment method, and the Department shall issue a new variance requiring the system to install the treatment method. The Department’s determination shall be based upon studies by the system and other relevant information.
Rulemaking Authority Florida Statutes § 403.861(9). Law Implemented 403.852(12), 403.853, 403.854 FS. History-New 11-19-87, Formerly 17-22.500, Amended 1-18-89, Formerly 17-560.600, Amended 11-27-01.