(a) The Department of Environmental Conservation shall review each application for a construction grant to determine whether the project qualifies for an avoidance of filtration waiver under the surface water treatment rule and notify the applicant of the results of that review. The Department shall provide an opportunity for the applicant to submit information in support of an affirmative finding.

(b) The Department of Environmental Conservation shall grant waivers to requirements for water filtration and exemptions to public and private water systems as provided under the federal Safe Drinking Water Act, surface water rule, when a water system owner demonstrates that the water system has a proven record of delivering adequate quantities of clean and safe drinking water and that adequate protection of the surface water source is or may be assured. (Added 1991, No. 256 (Adj. Sess.), § 22, eff. June 9, 1992; amended 1995, No. 189 (Adj. Sess.), § 5; 2003, No. 115 (Adj. Sess.), § 42, eff. Jan. 31, 2005; 2019, No. 14, § 40, eff. April 30, 2019.)