reglab/housing_qa huggingface dataset:
SD Codified L § 34A-3-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-12 - Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.

34A-3-12. Functions performed by Department of Agriculture and Natural Resources and Board of Water Management.The Department of Agriculture and Natural Resources shall perform all the functions of the former Department of Environment and Natural Resources, and the Public Health Advisory Committee, the former state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Water Management shall perform any advisory functions as defined in §1-32-1. Source: SL 1973, ch 2, §103; SDCL Supp, §36-22A-11.1; SL 1974, ch 3, §25; SL 1986, ch 295, §18; SL 2021, ch 1 (Ex. Ord. 21-3), § 62, eff. Apr. 19, 2021.
SD Codified L § 34A-3-13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-13 - Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.

34A-3-13. Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor.It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competency of the operator who is in direct responsible charge is certified by the secretary. Each operator who is in direct responsible charge shall, within one year from the date of his or her employment, become certified under the provisions of this chapter. It is a Class 2 misdemeanor for any person to perform the duties of an operator without being certified. Source: SL 1970, ch 217, §9; SDCL Supp, §36-22A-12; SL 1977, ch 190, §199; SL 2011, ch 165, §72.
SD Codified L § 34A-3-14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-14 - Application for certification--Proof of fitness.

34A-3-14. Application for certification--Proof of fitness.Application for certification shall be made in writing by the applicant at such time, in such form and accompanied by such proof of the applicant's fitness as an operator as the secretary may prescribe. Source: SL 1970, ch 217, §10; SDCL Supp, §36-22A-13.
SD Codified L § 34A-3-15 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-15 - Examination and certification of applicants.

34A-3-15. Examination and certification of applicants.Each applicant shall be examined by the department. The examination shall consist of such questions and such phases of the practice as may be prescribed from time to time by the department.If the applicant satisfactorily passes the examination required, and demonstrates possession of the necessary qualifications, the applicant shall be certified. Source: SL 1970, ch 217, §10; SDCL Supp, §36-22A-14; SL 2011, ch 165, §73.
SD Codified L § 34A-3-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-18 - Certifications--Expiration--Renewal.

34A-3-18. Certifications--Expiration--Renewal. All certifications shall expire on the first day of February of each year, at which time all certifications shall have been renewed. Source: SL 1970, ch 217, §10; SDCL Supp, §36-22A-17; SL 2021, ch 162, § 2.
SD Codified L § 34A-3-19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-19 - Certifications--Fees--Deposit and use of funds.

34A-3-19. Certifications--Fees--Deposit and use of funds. The secretary may charge each applicant a fee not to exceed sixty dollars which shall accompany the application. The fees shall be deposited in the state treasury to be credited to the Board of Certification fund, which shall be used to pay expenses, and to administer the provisions, of this chapter. Any surplus at the end of the fiscal year shall be retained by the board for future expenditures. Source: SL 1970, ch 217, §10; SDCL Supp, §36-22A-18; SL 2011, ch 165, §74; SL 2021, ch 162, § 3.
SD Codified L § 34A-3-20 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-20 - Agreements for reciprocal certification.

34A-3-20. Agreements for reciprocal certification.Agreements for reciprocity with other states having an act requiring the certification of operators similar to this chapter, may be executed by the secretary under appropriate rules and regulations promulgated by the secretary in compliance with chapter 1-26. Source: SL 1970, ch 217, §12; SDCL Supp, §36-22A-19; revised pursuant to SL 1972, ch 15, §4.
SD Codified L § 34A-3-21 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-21 - Suspension or revocation of certificate for violations.

34A-3-21. Suspension or revocation of certificate for violations.The secretary may suspend or revoke a certificate issued under this chapter on violation of any of the provisions of this chapter or any rules promulgated pursuant to this chapter. Source: SL 1970, ch 217, §13; SDCL Supp, §36-22A-20; SL 2011, ch 165, §75.
SD Codified L § 34A-3-22 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-22 - Procedure for suspension or revocation.

34A-3-22. Procedure for suspension or revocation.No certificate may be suspended or revoked except in compliance with chapter 1-26. Source: SL 1970, ch 217, §13; SDCL Supp, §36-22A-21; revised pursuant to SL 1972, ch 15, §4; SL 2011, ch 165, §76.
SD Codified L § 34A-3-23 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-23 - New certificate after suspension or revocation--Judicial review.

34A-3-23. New certificate after suspension or revocation--Judicial review.If a certificate is suspended or revoked as provided in §§34A-3-21 and 34A-3-22, a new application for certification may be considered by the secretary if, when and after the conditions upon which suspension or revocation was based has been corrected and evidence of this fact has been satisfactorily submitted to the secretary. A new certificate may then be granted after all provisions of this chapter and the rules and regulations adopted hereunder have been complied with. The determination of the secretary is subject to review as provided by chapter 1-26. Source: SL 1970, ch 217, §13; SDCL Supp, §36-22A-22; revised pursuant to SL 1972, ch 15, §4.
SD Codified L § 34A-3-24 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-24 - Rules promulgated by secretary--Contents.

34A-3-24. Rules promulgated by secretary--Contents.The secretary, with the advice of the Board of Certification and in accordance with chapter 1-26, shall promulgate rules to establish the basis for classification of water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, to establish qualifications of applicants and procedures for examination of candidates, membership of and duties of the Board of Certification and such other provisions as are necessary for the administration of this chapter. Source: SL 1970, ch 217, §5; SDCL Supp, §36-22A-23; revised pursuant to SL 1972, ch 15, §4; SL 1977, ch 280, §41; SL 1993, ch 256, §23.
SD Codified L § 34A-3-26 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03 - Water Supply And Treatment System Operators|Section 34A-3-26 - Civil fine for supervision of water treatment plant by uncertified operator.

34A-3-26. Civil fine for supervision of water treatment plant by uncertified operator.Any system or operator who violates the provisions of §34A-3-4 is subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1992, ch 254, §91; SL 1993, ch 34, §5.
SD Codified L § 34A-3A-1 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-1 - Public policy.

34A-3A-1. Public policy.It is hereby declared to be the public policy of the state to achieve and maintain safe drinking water for the public which will protect human health and safety and prevent the creation of public nuisances. To these ends it is the purpose of this chapter to ensure that public water systems in the state meet or exceed minimum standards for drinking water quality and to foster cooperation and coordination with other state and local agencies, other states, and the federal government pursuant to the Federal Safe Drinking Water Act, Public Law 93-523, as amended to January 1, 2011. Source: SL 1983, ch 260, §1; SL 1986, ch 27, §36; SL 2011, ch 165, §78.
SD Codified L § 34A-3A-2 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-2 - Definitions.

34A-3A-2. Definitions.Terms used in this chapter mean:(1)"Area of influence," the area surrounding a pumping or recharging well within which the potentiometric surface or the water table has been changed;(2)"Board," the Water Management Board;(3)"Cone of depression," the shape of the area of influence in cross section;(4)"Critical aquifer protection area," all or part of an area located within an area for which an application or designation as a sole source aquifer has been submitted and approved by the administrator of the United States Environmental Protection Agency;(5)"Department," the Department of Agriculture and Natural Resources;(6)"Maximum contaminant level," the maximum permissible level of a contaminant in water which is delivered to any user of a public water system;(7)"Potentiometric surface," an imaginary surface representing the total head of groundwater in a confined aquifer and defined by the level to which water will rise in a well;(8)"Public water system," a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and as provided for in 40 CFR sections 141.2 and 142.2 as amended to January 1, 2011;(9)"Recharge area," the area through which water may percolate to the aquifer and eventually reach the well;(10)"Secretary," the secretary of the Department of Agriculture and Natural Resources;(11)"Sole source aquifer," an aquifer which provides fifty percent or more of the drinking water for an area and which if contaminated, would create a significant hazard to public health;(12)"Supplier of water," any person who owns or operates a public water system;(13)"Water table," that surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere;(14)"Wellhead protection area," the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield. Source: SL 1983, ch 260, §2; SL 1987, ch 259, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 1999, ch 181, §1; SL 2011, ch 165, §79; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 34A-3A-3 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-3 - Promulgation of rules establishing standards and compliance procedures--Violation.

34A-3A-3. Promulgation of rules establishing standards and compliance procedures--Violation.The Water Management Board shall promulgate rules, pursuant to chapter 1-26, establishing:(1)Safe drinking water standards with maximum contaminant levels necessary to protect public health and safety. No maximum contaminant level may be more stringent than those established under the Federal Safe Drinking Water Act, as amended to January 1, 2011; and(2)Procedures to ensure compliance with this chapter including quality control, testing, monitoring, record keeping, reporting, and public notice.A violation of the rules adopted pursuant to this section is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation. Source: SL 1983, ch 260, §3; SL 1987, ch 259, §2; SL 1988, ch 285, §37; SL 1992, ch 158, §37; SL 2011, ch 165, §80.
SD Codified L § 34A-3A-4 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-4 - Enforcement powers of secretary.

34A-3A-4. Enforcement powers of secretary.The secretary may:(1)Review and approve the location, design, plans, and specifications for the construction or modification of public water systems;(2)Conduct compliance investigations, including but not limited to, entering and inspecting systems and records of any supplier of water, to take samples and to take or to require the supplier to take all other reasonable steps necessary to ensure compliance with this chapter and rules adopted pursuant thereto;(3)Require plans to provide safe drinking water under emergency circumstances and issue emergency orders requiring a supplier to take immediate action to prevent or eliminate an immediate hazard to public health or safety; and(4)Receive financial and technical assistance from the federal government and other public or private agencies. Source: SL 1983, ch 260, §4.
SD Codified L § 34A-3A-5 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-5 - Variances of standards--Grounds for authorizing.

34A-3A-5. Variances of standards--Grounds for authorizing.The secretary may authorize a variance from any maximum contaminant level established in §34A-3A-3 if:(1)The raw water sources which are available to a specific system cannot meet the maximum contaminant level specified despite application of the best technology, treatment techniques, or other means which the secretary finds are generally and reasonably available, taking cost into consideration;(2)The concentration of the contaminant or contaminants, for which the maximum contaminant level is exceeded by granting such variance, will not result in unreasonable risk to health;(3)Within one year of the date of variance authorization, a schedule for compliance is issued and the owner of the supply agrees to implement the compliance schedule. Source: SL 1983, ch 260, §5.
SD Codified L § 34A-3A-6 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-6 - Exemption of public water supply systems--Requirements.

34A-3A-6. Exemption of public water supply systems--Requirements.The secretary may exempt any public water supply system from any maximum contaminant level upon finding that:(1)Due to compelling factors, including economic, the public water system is unable to comply with the contaminant level. In assessing the compelling factors the secretary shall consider such factors as construction, installation, or modification of treatment equipment or systems, and the time needed to replace an existing noncomplying facility with a new treatment system;(2)The public water system was in operation on the effective date of the maximum contaminant level regulations;(3)The granting of the exemption will not result in an unreasonable risk to health; and(4)Within one year of the date of exemption authorization, a schedule for compliance be issued and the owner of the supply agree to implement the schedule. Source: SL 1983, ch 260, §6.
SD Codified L § 34A-3A-7 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-7 - Action for variance or exemption--Notice--Hearing.

34A-3A-7. Action for variance or exemption--Notice--Hearing.Action to consider a variance or exemption may be initiated by the secretary or by the owner of the supply through a formal request submitted to the secretary. Public notice and hearing on the application for a variance or exemption shall comply with the provisions of chapter 1-26. Source: SL 1983, ch 260, §7.
SD Codified L § 34A-3A-12 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-12 - Notice of variance, exemption, or violation of compliance schedule.

34A-3A-12. Notice of variance, exemption, or violation of compliance schedule.If a variance or exemption is granted or if a compliance schedule contained in a variance or exemption is violated, public notification as required by §34A-3A-3 shall be given by the supplier of water. Source: SL 1983, ch 260, §12; SL 1988, ch 285, §42.
SD Codified L § 34A-3A-13 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-13 - Notice by secretary on failure of supplier.

34A-3A-13. Notice by secretary on failure of supplier.Notice to the public required by this chapter may be given by the secretary on behalf of the supplier of water if the supplier of water fails to comply with the public notification requirements of this chapter. Source: SL 1983, ch 260, §13.
SD Codified L § 34A-3A-14 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-14 - Application to public water systems.

34A-3A-14. Application to public water systems.This chapter applies to each public water system unless the system consists only of distribution and storage facilities; obtains all of its water from, but is not owned or operated by a public water system to which this chapter applies; does not sell water to any person; and is not a carrier which conveys passengers in interstate commerce. Source: SL 1983, ch 260, §14.
SD Codified L § 34A-3A-15 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-15 - Injunctive and declaratory relief.

34A-3A-15. Injunctive and declaratory relief.The secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court. Source: SL 1983, ch 260, §15; SL 1992, ch 158, §38.
SD Codified L § 34A-3A-16 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-16 - Approval and certification of laboratory facilities and personnel.

34A-3A-16. Approval and certification of laboratory facilities and personnel.The director of laboratories shall establish and carry out a program for approval and certification of laboratory facilities and personnel which conduct analytical measurements required by any rules promulgated pursuant to this chapter. Source: SL 1983, ch 260, §16.
SD Codified L § 34A-3A-17 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-17 - Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications.

34A-3A-17. Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications.The department shall develop procedures necessary to safeguard public health and welfare and prevent pollution of public water supply systems. The department shall develop a voluntary wellhead protection program which will specify the following:(1)Guidelines for a wellhead protection program to protect the public water supplies from new and existing facilities which may be potential or actual pollution sources, including, but not limited to, the design of new facilities and modification of existing facilities, the department approval or denial under existing authority of plans and specifications for new facilities or modifications to existing facilities, the construction and the installation of release detection and containment systems, siting criteria for new facilities, operation and maintenance criteria, contingency plans for pollutant release containment and cleanup, technical assistance, and education and training;(2)Guidelines specifying the duties of the department and local governments in developing and implementing the wellhead protection program;(3)Guidelines for determining the extent of wellhead protection areas. Factors for consideration may include, but are not limited to, the cone of depression, the area of influence, the area of contribution and the recharge area;(4)Guidelines for determining all potential and actual pollution sources which may have an adverse effect on public health;(5)Guidelines for taking into consideration potential sources of pollution when siting new wells for public water supplies; and(6)Guidelines for developing contingency plans for pollution release containment, cleanup and the provision of alternative drinking water supplies for each public water system in the event of well or wellfield pollution. Source: SL 1989, ch 306, §42.
SD Codified L § 34A-3A-18 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-18 - Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements.

34A-3A-18. Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements.Following completion of any new well for domestic use, a water quality sample shall be collected and submitted to the Department of Health Laboratory or another laboratory approved by the department. If the well flows or if the well driller installs the pump, the well driller shall collect and submit the water quality sample. If the pump is not installed by the well driller, the owner shall collect and submit the water sample. The completed analysis shall be submitted to the department by the well driller or owner within thirty days after the submittal of the well completion report which is filed with the department pursuant to §46-6-11. At a minimum, the water sample shall be analyzed for nitrate, coliform bacteria, sodium, conductivity, and sulfate. Other contaminants may be analyzed for at the option of the well owner or driller. The owner or well driller shall pay for the cost of all analyses. Source: SL 1989, ch 306, §46.
SD Codified L § 34A-3A-19 (2021)
2021 South Dakota Codified Laws|Title 34A - Environmental Protection|Chapter 03A - Safe Drinking Water|Section 34A-3A-19 - State administration of the public water system supervision program--Fee.

34A-3A-19. State administration of the public water system supervision program--Fee.In order to safeguard the public health, safety, and welfare of this state through a customer service approach, the state shall retain administration of the public water system supervision program as provided in the Federal Safe Drinking Water Act as amended to January 1, 2011. In order to meet the increasing delegation requirements the result of the 1986 amendments to the Federal Safe Drinking Water Act, a fee shall be imposed upon the users of drinking water facilities as provided in §34A-3A-20 to defray the costs to the state of administering the program. Source: SL 1992, ch 254, §67; SL 2011, ch 165, §81.