reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapter 43-17 have the same meaning when used in
	 this chapter. In addition, the term "gate" means a section of the fence,
	 including switchbacks and other devices, that crosses a stream, as allowed by
	 SDCL 43-17-35, and that can be opened
	 to allow safe passage.
General Authority:
SDCL
		43-17-36.
Law Implemented:
SDCL
		43-17-36.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:02 - Landowner requirements

Current through Register Vol. 51, page 10, July 15, 2024
Persons constructing or maintaining a fence across a navigable stream
	 shall:
(1) Provide the following
  information to the chief engineer:
(a) The
  name, address, and telephone number of the landowner proposing to construct or
  maintain the fence;
(b) The name,
  address, and telephone number of the person responsible for maintaining the
  fence if different than the landowner; and
(c) The location of the fence where it
  crosses the stream, described by its direction and distance from the nearest
  legal section corner, including section number, township, and range;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:03 - Gate specifications

Current through Register Vol. 51, page 10, July 15, 2024
The gate must have a minimum overhead clearance of 6 feet and a minimum
	 opening that is 6 feet wide. The opening must be outlined with reflective or
	 highly visible material. Fencing materials may be used to close the gap on each
	 side of the gate between the gate and the stream banks. Reflectors, spaced at a
	 maximum of 25 feet, or reflective or highly visible material must be attached
	 to the fencing that connects the gate to the stream banks. The reflectors or
	 other material must be visible both upstream and downstream
	 simultaneously.
General Authority:
SDCL
		43-17-36.
Law Implemented:
SDCL
		43-17-35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:04 - Declaratory ruling on navigability

Current through Register Vol. 51, page 10, July 15, 2024
A request for a declaratory ruling on the navigability of a stream must
	 be in the form of a petition submitted to the chief engineer containing the
	 following:
(1) The name, address, and
  telephone number of the person or persons submitting the petition;
(2) The name and location of the
  stream;
(3) The requested action
  and reasons for the request; and
(4) A fee of $50 for each petition.
General Authority:
SDCL
		1-26-15.
Law Implemented:
SDCL
		43-17-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:05 - Timely consideration by board

Current through Register Vol. 51, page 10, July 15, 2024
The board shall consider the petition submitted pursuant to §
									74:02:10:04 no later than its
	 second regularly scheduled meeting after receipt of the
	 petition.
General Authority:
SDCL
		1-26-15.
Law Implemented:
SDCL
		43-17-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:06 - Petitioner to publish notice

Current through Register Vol. 51, page 10, July 15, 2024
The petitioner shall publish a notice of hearing describing the
	 contents of the petition pursuant to SDCL
	 46-2A-4(1) to
	 46-2A-4(10), as
	 applicable, and SDCL
	 1-26-17.
General Authority:
SDCL
		1-26-15.
Law Implemented:
SDCL
		43-17-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:02 - Water rights › Chapter 74:02:10 - Fences crossing navigable streams › Section 74:02:10:07 - Deletion of stream portions from streams listed in SDCL 43-17-38

Current through Register Vol. 51, page 10, July 15, 2024
The following portions of streams are deleted from the list of streams
	 where gates or openings are required in fences across streams pursuant to SDCL
	 43-17-38:
(1) The portion of the Belle Fourche River
  from the Wyoming state line to the Belle Fourche Irrigation District Diversion
  Dam in Butte County [SDCL
  43-17-38(18)
  ];
(2) The portion of the Belle
  Fourche River from its intersection with Highway 79 in Butte County to its
  intersection with Meade County Highway 12 on the west side of section 19,
  township 5 north, range 10 east of the Black Hills meridian [SDCL
  43-17-38(18)
  ];
(3) The portion of the Cheyenne
  River from the Wyoming state line to the mouth of Hat Creek in Fall River
  County in the southeast quarter of section 13, township 9 south, range 4 east
  of the Black Hills meridian [SDCL
  43-17-38(14)
  ];
(4) The Little Minnesota River
  from Highway 10 to Lake Traverse in Roberts County [SDCL
  43-17-38(19)
  ];
(5) The North Fork of Whetstone
  River in Roberts and Grant Counties from Highway 15 near Wilmot to the
  Minnesota state boundary [SDCL
  43-17-38(5)
  ];
(6) The portion of the Cheyenne
  River from the Angostura Dam to the Fall River-Custer County line [SDCL
  43-17-38(14)
  ];
(7) The portion of the Cheyenne
  River from Highway 44 to the mouth of the Belle Fourche River [SDCL
  43-17-38(14)
  ];
(8) The Little Missouri River in
  Harding County from the Montana state boundary to the North Dakota state
  boundary [SDCL
  43-17-38(17) ];
  and
(9) The portion of the Belle
  Fourche River from its intersection with Meade County Highway 12 on the west
  side of section 19, township 5 north, range 10 east to its confluence with the
  Cheyenne River, section 33/34, township 6 north, range 15 east of the Black
  Hills Meridian [SDCL
  43-17-38(18)
  ].
General Authority:
SDCL
		43-17-39.
Law Implemented:
SDCL
		43-17-38,
		43-17-39.
Declaratory Ruling:
A list of petitioners requested the Water Management Board to declare
		the portion of the Little Missouri River from the Montana-South Dakota state
		line to the North Dakota-South Dakota state line as not meeting the definition
		of navigable in SDCL
		43-17-34. The board found that the
		river segment was not navigable and adopted ARSD 74:02:10:07(8) to delete the
		river segment because public use was not significant. South Dakota Water
		Management Board Declaratory Ruling dated August 31,
		1994.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean;
(1) "Public water supplies," any
  public-community water system serving a population of 500 or more people that
  does not exclusively purchase water from another public supply that
  fluoridates;
(2) "Department," the
  Department of Environment and Natural Resources or Ms-authorized
  representative; and
(3) "Milligrams
  per liter," (mg/1) a method of expressing analytical results.
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:02 - Written approval required to implement fluoridation

Current through Register Vol. 51, page 10, July 15, 2024
Written approval must be obtained from the department prior to the
	 implementation of the addition of fluoridation to public water supplies. Plans
	 and specifications shall be submitted as prescribed by chapter 74:53:05 unless
	 otherwise waived by the department.
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-2,
		34-24A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:03 - Required minimum fluoride levels

Current through Register Vol. 51, page 10, July 15, 2024
If the fluoride ion content of the water from any entry point for a
	 public water supply is less than 0.5 mg/1, equipment must be provided and
	 operated to adjust the fluoride ion concentration in the range of 0.5 mg/1 to
	 0.9 mg/1, with an optimum level of 4t3 0.7 mg/1. Upon request and submission of
	 laboratory sample results by the system, the department may grant a
	 fluoridation exemption for an entry point when the natural fluoride ion
	 concentration is greater than or equal to 0.5 mg/1. An exemption will be based
	 on annual laboratory sample results of the natural fluoride ion concentration
	 at each entry point. If a system's annual entry point sample has a natural
	 fluoride ion concentration less than 0.5 mg/l the system will be required to
	 submit a confirmation sample and the average of the two samples will be used to
	 determine exemption status. Based on sampling data and operational history, the
	 department may grant, deny or revoke an exemption.
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-1,
		34-24A-2,
		34-24A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:04 - Equipment construction, installation, and operation

Current through Register Vol. 51, page 10, July 15, 2024
The chemical feeder apparatus for introducing fluoride ion into the
	 water supply shall be constructed, installed, and operated in accordance with
	 department requirements.
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-2,
		34-24A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:05 - Daily testing requirements

Current through Register Vol. 51, page 10, July 15, 2024
The fluoride content shall be determined each day on a representative
	 sample of fluoridated water using a testing method approved by the department.
	 A variance to this requirement may be allowed by the department upon request
	 and submission of evidence that other testing procedures are satisfactory.
	 Daily testing records shall be available for review by the department upon
	 request.
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-1,
		34-24A-2,
		34-24A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:06 - Samples must be tested by a certified laboratory Frequency

Current through Register Vol. 51, page 10, July 15, 2024
Representative samples of fluoridated water shall be collected from
	 the distribution system and submitted for testing to a laboratory certified by
	 the department for fluoride testing. Sample results from the laboratory shall
	 be reported to the department monthly either as a hardcopy report or electronic
	 means acceptable by the department. Samples shall be collected in accordance
	 with the following schedule:
(1)
  Population over 10,000: one sample per week;
(2) Population of 3,000 to 10,000: two
  samples per month ; and
(3)
  Population less than 3,000: one sample each month.
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-1,
		34-24A-2,
		34-24A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:01 - Fluoridation of water supplies › Section 74:04:01:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-24A-2.
Law Implemented:
SDCL
		34-24A-1,
		34-24A-2,
		34-24A-3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 34A-3A-2 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Acceptable results," the results of
  performance evaluation audits with one or more concentrations of a parameter
  within two standard deviations;
(2)
  "Certified laboratory," a laboratory that meets the requirements necessary to
  provide accurate and timely data for the analysis of drinking water
  samples;
(3) "Deficiency," a lack
  of the equipment, personnel, or quality control necessary to produce reliable
  chemical or microbiological data;
(4) "EPA," the United States Environmental
  Protection Agency;
(5)
  "Laboratory," a place equipped for the analysis of public water system
  samples;
(6) "Laboratory
  certification compliance officer," the certification program compliance officer
  appointed by the secretary of the department;
(7) "Laboratory certification officer," the
  certification officer appointed by the secretary of the department, with the
  concurrence of the director of health laboratories, to perform on-site
  evaluations of laboratories for the environmental disciplines involved with
  drinking water analyses;
(8)
  "On-site evaluation," an inspection of the laboratory by the laboratory
  certification officer for the purpose of reviewing the adequacy of equipment,
  supplies, personnel, methods of analysis, quality control, and laboratory data
  for producing accurate analyses;
(9) "Performance evaluation audit," analysis
  of a set of samples of known chemical or microbiological concentration supplied
  semiannually by EPA or the state;
(10) "Provisionally certified," a laboratory
  which has minor deficiencies but is able to produce reliable data;
(11) "Quality assurance plan," a written
  protocol established by the laboratory which contains procedures for sample
  handling, sample analysis, calibration of equipment, frequency of quality
  control requirements, data validation, reporting of data, and other
  requirements as specified by the secretary;
(12) "Quality control," the process of
  introducing duplicate samples, samples of known concentrations, and other
  procedures into a sample set to assure that the data produced by the laboratory
  is accurate;
(13) "Secretary," the
  secretary of the Department of Environment and Natural Resources or a
  designated agent of the secretary;
(14) "Unacceptable results," the results of
  performance evaluation audits with one or both concentrations of a parameter
  outside established control limits.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:02 - Requirements for laboratory certification

Current through Register Vol. 51, page 10, July 15, 2024
Laboratories desiring to conduct analytical measurements of drinking
	 water for public water systems regulated under chapter 74:04:05, Drinking Water
	 Standards, must meet the requirements of this chapter.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:03 - Requirements for certification

Current through Register Vol. 51, page 10, July 15, 2024
Laboratories must meet the following criteria to achieve or maintain
	 certification:
(1) Submit acceptable
  results on all parameters for which the laboratory is certified for at least
  one semiannual performance evaluation audit each year;
(2) Undergo an on-site evaluation at least
  once every three years by the state laboratory certification officer for each
  area of analysis. An on-site evaluation may be conducted more frequently if
  substantial changes are made in laboratory staff, operation, equipment, or
  ownership that cause the overall performance of the laboratory to be adversely
  affected or if unacceptable audit results are submitted by the
  laboratory;
(3) Produce valid data
  as indicated by performance evaluation samples, internal audit samples, on-site
  review of data validation results, and transcription procedures and
  calculations;
(4) Adhere to the
  provisions in the laboratory's written quality assurance plan;
(5) Submit additional information to the
  state concerning the laboratory's staff, equipment, methods, and other
  information as requested;
(6) To
  receive certification to conduct inorganic chemical analyses, the laboratory
  must achieve quantitative results on analyses that are within acceptance limits
  as specified in 47 Fed. Reg. 31,840-31,841 (July 17, 1992) except that the
  acceptance limits for antimony are ± 30% @ 
  3 0.006 mg/L;
(7) To receive certification to conduct
  volatile organic chemical analyses, the laboratory must meet the requirements
  specified in 40 C.F.R.
  §
										141.24 (f)(20) (July
  1, 1992), 40 C.F.R. §
										141.40 (h) (July 1, 1992),
  and 57 Fed. Reg. 31,841 (July 17, 1992);
(8) To receive certification to conduct
  synthetic organic chemical analyses, the laboratory must achieve quantitative
  results on analyses that are within the acceptance limits specified in 57 Fed.
  Reg. 31,842 (July 17, 1992); and
(9) To receive certification to conduct lead
  and copper analyses, the laboratory must meet the requirements specified in
  40 C.F.R. §
										141.89 (July 1, 1992).
Laboratories may conduct inorganic chemical and volatile organic
	 chemical sample analyses under provisional certification until January 1,
	 1996.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:04 - Criteria for revoking certification

Current through Register Vol. 51, page 10, July 15, 2024
Revocation of certification shall be based on one or more of the
	 following criteria and may be for one or more analytical parameters:
(1) Production of unacceptable results for
  two consecutive performance evaluation audits;
(2) Failure to correct identified deviations
  from laboratory certification requirements specified in an on-site evaluation
  report;
(3) Failure to meet time
  requirements for reporting data;
(4) Failure to perform analyses in accordance
  with the following methods:
(a) Inorganic
  chemicals - 40 C.F.R. §
											141.23 (July 1, 1992) and 57 Fed. Reg.
  31,839-31,840 (July 17, 1992);
(b)
  Synthetic organic chemicals -
  40 C.F.R. §
											141.24 (h) (12-13) (July 1,
  1992) and 57 Fed. Reg. 31,842 and 31,846 (July 17, 1992);
(c) Total trihalomethanes - 40 C.F.R. §
  141.30 (July 1, 1992) and 58 Fed. Reg. 41,345 (August 3, 1993);
(d) Radionuclides -
  40 C.F.R. §
											141.25 (July 1, 1992);
(e) Total coliform -
  40 C.F.R. §§
											141.21 (f) and
  141.74(a) (July
  1, 1992);
(f) Fecal coliform -
  40 C.F.R. §§
											141.21 (f) and
  141.74(a) (July
  1, 1992);
(g)
Escherichia
  coli
- 40 C.F.R.
  §
											141.21 (f) (July 1,
  1992);
(h) Heterotrophic plate
  count - 40 C.F.R. §
											141.74 (a) (July 1,
  1992);
(i) Turbidity -
  40 C.F.R. §
											141.74 (a) (July 1,
  1992);
(j) Volatile organic
  chemicals - 40 C.F.R.
  §§
											141.24 (f)(16)
  and 141.40(g-h) (July
  1, 1992) and 57 Fed. Reg. 31,841 and 31,845 (July 17, 1992);
(k) Residual disinfectant concentration -
  40 C.F.R. §§
											141.74 (a) (July 1,
  1992);
(l) Temperature -
  40 C.F.R. §
											141.74 (a) (July 1,
  1992);
(m) pH -
  40 C.F.R. §
											141.74 (a) (July 1,
  1992);
(n) Lead and copper
  parameters as specified in §§ 74:04:05:74 to 74:04:05:99, inclusive -
  40 C.F.R. §
											141.89 (July 1, 1992);
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:05 - Certification status of new laboratories

Current through Register Vol. 51, page 10, July 15, 2024
For laboratories requesting first-time certification or certification
	 to analyze additional or newly regulated parameters, the certificate compliance
	 officer may administratively grant a laboratory provisional certification
	 status, pending an on-site evaluation. Provisional certification may be granted
	 only when the certification compliance officer has determined that the
	 laboratory has the proper equipment and trained personnel to perform the
	 analyses and has satisfactorily analyzed performance evaluation samples for the
	 parameters in question.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:06 - Criteria for downgrading to provisional certification status

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall notify the laboratory in writing that it has been
	 downgraded from certified to provisionally certified for a particular
	 analytical parameter for any of the following reasons:
(1) Failure to analyze a performance
  evaluation sample within acceptance limits established by EPA, unless the
  laboratory has identified and corrected the problem within one month after
  being notified of the failure and the laboratory certification compliance
  officer is satisfied with the explanation of the failure. Acceptance limits
  established by EPA are determined through analysis of numerous samples
  submitted by laboratories nationwide. If the laboratory certification
  compliance officer determines that the laboratory need not be downgraded, he
  shall verify that the problem was corrected by having the laboratory analyze an
  unknown sample within one month. A follow-up on-site evaluation may also be
  performed to verify that the problem was corrected. If the laboratory fails to
  analyze the unknown sample within EPA acceptance limits, the laboratory shall
  be downgraded to provisionally certified; or
(2) Failure to notify the laboratory
  certification officer of major changes which might impair analytical
  capability.
The laboratory may remain provisionally certified for a period of six
	 months before certification is revoked. An additional six months may be granted
	 if the continued provisional status does not affect the generation of valid
	 data. The laboratory must notify its clients of its downgraded status and
	 supply a copy of the notice to the laboratory certification compliance
	 officer.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:07 - Procedure for revocation and appeal of revocation

Current through Register Vol. 51, page 10, July 15, 2024
The procedure for revocation of certification is as follows:
(1) The secretary shall issue a letter of
  intent to revoke certification to the laboratory by certified mail with return
  receipt requested;
(2) If the
  laboratory wishes to challenge the revocation, it may request a hearing before
  the secretary. This may be done by submitting a written request within 30 days
  after receipt of the revocation notice. The request must contain the reasons
  for the challenge and must be signed by the laboratory director; and
(3) After a contested case hearing conducted
  pursuant to SDCL 1-26, a decision concerning the revocation shall be made by
  the secretary.
If certification is revoked, the laboratory may not analyze drinking
	 water for compliance purposes until certification has been
	 reinstated.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2),
		34A-3A-4(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:08 - Reinstatement of certification

Current through Register Vol. 51, page 10, July 15, 2024
Certification may be reinstated after an on-site evaluation
	 demonstrating that the deficiencies which caused the revocation or downgrading
	 have been corrected and after the required parameters are successfully analyzed
	 during the next performance evaluation audit.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:07 - Laboratory quality control › Section 74:04:07:09 - Reciprocal certification

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue a certificate of reciprocity and may continue
	 reciprocal certification to out-of-state laboratories according to the
	 following criteria:
(1) The laboratory
  is certified by EPA or the state in which it is located;
(2) The laboratory has successfully analyzed
  the last two performance evaluation audits; and
(3) The laboratory has provided a copy of its
  quality assurance manual to the laboratory certification compliance officer.
The reciprocally certified laboratory must send copies of its most
	 recent performance evaluation audits and evidence of recertification by its
	 certifying agency to the secretary within 30 days after receipt of those
	 documents.
Reciprocal certification shall be revoked if all the criteria in this
	 section are not met. There is no reciprocal provisional
	 certification.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:08 - Public beach and municipal swimming pool standards, Deleted

Current through Register Vol. 51, page 10, July 15, 2024
At the request of the Department of Environment and Natural Resources,
	 the Legislative Research Council has deleted Chapter 74:04:08, Public Beach and
	 Municipal Pool Standards effective April 1 5, 2013, pursuant to SDCL
	 1-26-8.1 and
	 1-26A-1. The law implemented and
	 general authority for the rules in this chapter were amended out of the law by SL 2011, ch 166,
	 §1, thus the rules
	 are deemed obsolete by operation of law.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Community water system," a public water
  system, as defined in SDCL
  34A-3A-2(8),
  which serves at least 15 service connections used by year-round residents or
  regularly serves at least 25 year-round residents. The term includes any
  collection, treatment, storage, and distribution facilities under control of
  the operator of the system and used primarily in connection with the system and
  any collection of pretreatment storage facilities not under such control which
  are used primarily in connection with the system;
(2) "Certificate of approval," a certificate
  issued by the secretary authorizing the operation of a new community or
  nontransient noncommunity water system;
(3) "Coverage ratio," a measure of
  sufficiency of net operating profit to cover the debt service requirements of a
  water system;
(4) "Department," the
  South Dakota Department of Environment and Natural Resources;
(5) "Facility plan," an engineering
  evaluation of present and future water supply, treatment, storage, or
  distribution needs; an evaluation of several alternatives; and the election and
  justification of a final alternative;
(6) "Financial capacity," the water system's
  ability to acquire and manage sufficient financial resources to allow the
  system to achieve and maintain compliance with the Safe Drinking Water Act as
  amended to August 6, 1996, requirements;
(7) "Managerial capacity," the ability of a
  water system to conduct its affairs in a manner enabling the system to achieve
  and maintain compliance with the Safe Drinking Water Act as amended to August
  6, 1996, requirements;
(8)
  "Nontransient noncommunity water system," "NTNC," a public water system that is
  not a community water system and that regularly serves at least 25 of the same
  persons at such places as work places, offices, and schools for at least six
  months a year;
(9) "Operating
  ratio," a measure of whether operating revenues are sufficient to cover
  operating, maintenance, and replacement expenses;
(10) "Secretary," the secretary of the South
  Dakota Department of Environment and Natural Resources or a designated
  representative of the secretary; and
(11) "Technical capacity," the physical
  infrastructure of the water system including the adequacy of the source water
  and the adequacy of treatment, storage, and distribution infrastructure and the
  ability of system personnel to adequately operate and maintain the
  system.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:02 - Definition of new water system

Current through Register Vol. 51, page 10, July 15, 2024
A new water system, for purposes of this chapter, is a system that will
	 become a community water system or NTNC on or after October 1, 1999. A system
	 is a community water system or NTNC if the plat or building site indicates the
	 water system is designed as a community water system or NTNC or otherwise
	 demonstrates that the system is or will be serving as a community water system
	 or NTNC. Any system that has infrastructure in place before October 1, 1999,
	 and then becomes a new water system by the addition of new users is not
	 required to obtain a certificate of approval.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:03 - Compliance with capacity requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each new water system must demonstrate to the department that it has
	 adequate technical, managerial, and financial capacity before it may provide
	 water for human consumption.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:04 - Certificate of approval required for new water system operation

Current through Register Vol. 51, page 10, July 15, 2024
After a new water system has demonstrated that it has adequate
	 technical, managerial, and financial capacity, as provided in §§
									74:04:09:05 and
	 74:04:09:06, the secretary shall
	 issue a certificate of approval before operations may begin. No new water
	 system may provide water to its consumers until a certificate of approval has
	 been issued for the system. A new water system operating without a certificate
	 of approval is subject to penalties provided for in SDCL
	 34A-3A-3.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-3,
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:05 - Technical, managerial, and financial capacity criteria

Current through Register Vol. 51, page 10, July 15, 2024
New water systems must meet the following criteria in order to obtain a
	 certificate of approval:
(1) Technical
  capacity criteria:
(a) Finished water meets
  all required drinking water standards;
(b) Personnel operate the system effectively;
  and
(c) A valid water right is
  obtained;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:06 - Documentation requirements for demonstration of adequate technical, managerial, and financial capacity

Current through Register Vol. 51, page 10, July 15, 2024
New water systems must submit the following in order to obtain a
	 certificate of approval:
(1) New water
  system application as set forth in §
									74:04:09:07;
(2) A business plan, which includes a
  facilities plan, management plan, and financial plan, as set forth in §
									74:04:09:08; and
(3) Plans and specifications.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
Plans and specifications required to be filed with DENR, chs
		74:53:04 and 74:53:05.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:07 - New water system application requirements

Current through Register Vol. 51, page 10, July 15, 2024
The application must be submitted on forms provided by the department
	 and must be signed by the developer or owner. If the owner is a corporation,
	 all officers of the corporation must sign the application. The new water system
	 application shall include the following complete information:
(1) The names, addresses, and telephone
  numbers of the owners and operators of the project. The name and address of a
  contact person, if different than above, and telephone numbers for all listed
  names must be included;
(2) The
  legal description of the facility by county, quarter, section, township, and
  range;
(3) The name of the project
  or facility;
(4) A layout map
  showing the location of the project;
(5) The number of expected
  hook-ups;
(6) Documentation that a
  water right permit has been obtained as specified in SDCL
  46-1-15;
(7) Description of the water source;
  and
(8) Certification of compliance
  with SDCL 1-40-27.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		1-40-27,
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:08 - Business plan requirements

Current through Register Vol. 51, page 10, July 15, 2024
A business plan must be submitted on forms provided by the department.
	 The business plan shall consist of the following three parts:
(1) Facilities plan. The facilities plan
  shall describe the scope of the water service to be provided and shall include
  the following:
(a) A description of the nature
  and extent of the area to be served and provisions for extending the water
  supply system to include additional areas. The description shall include
  population and land use projections and forecasts of water usage;
(b) An assessment of current and expected
  drinking water compliance based on monitoring data from the proposed water
  source;
(c) A description of the
  alternatives considered, including interconnections with existing water
  systems, and the reasons for choosing the approach selected for providing water
  service. The description shall include the technical, managerial, financial,
  and operational reasons for the selected approach; and
(d) An engineering description of the
  facilities to be constructed, including the construction phases and future
  plans for expansion. The description shall include an estimate of the full cost
  of any required construction, operation, and maintenance;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:09 - Operations and maintenance manual

Current through Register Vol. 51, page 10, July 15, 2024
An operations and maintenance manual must be submitted to the
	 department before system start-up. At least one copy of the manual must be kept
	 on the water system premises and at least one manual must be kept with all
	 other water system records. The manual must be submitted to the department for
	 review as soon as practicable before system start-up and shall contain the
	 following information:
(1) A
  description of the facilities;
(2)
  An explanation of start-up and normal operation procedures;
(3) A routine maintenance program;
(4) Records and reporting system;
(5) Sampling and analyses program;
(6) Staffing and training
  requirements;
(7) Identification of
  pollution sources at the water supply;
(8) Safety program;
(9) A plan for tracking unaccounted-for
  water, which shall be developed and implemented;
(10) Emergency plan and operating procedures;
  and
(11) Manufacturer's manuals.
The operations and maintenance manual shall be reviewed and updated as
	 necessary to reflect changes in the operation or maintenance of the water
	 system.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:10 - Facilities plan and operations and maintenance manual to be prepared by competent persons

Current through Register Vol. 51, page 10, July 15, 2024
The facilities plan and operations and maintenance manual must be
	 prepared by a person or persons qualified under SDCL chapter 36-18 pertaining
	 to the registration and certification of engineers, architects, and land
	 surveyors. The operations and maintenance manual must be signed, dated, and the
	 seal of registration imprinted.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:11 - Sample results from the water source required

Current through Register Vol. 51, page 10, July 15, 2024
Sample results from the water source as set forth in chapter 74:04:05
	 must be submitted before system start-up. A certificate of approval may not be
	 issued until the sample results have been evaluated by the
	 department.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:12 - When to apply for a certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
A new water system application must be made for a certificate of
	 approval as early in the development process of the new water system as
	 possible. The new water system application and business plan must be submitted
	 to the department at least 90 days before the anticipated system start-up.
	 Plans and specifications must be submitted no later than 30 days before the
	 bid-letting or before the contract is awarded as required in §
									74:53:04:05.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:13 - Complete application

Current through Register Vol. 51, page 10, July 15, 2024
The department shall conduct a completeness review of each new water
	 system application and business plan within 30 days after submission. The
	 department shall notify the applicant in writing whether the new water system
	 application and business plan is complete. If the application or business plan
	 is incomplete, the department shall identify the items required to complete
	 them. The department shall determine the adequacy of the applicant's response
	 to each of the incomplete items within 15 days of receipt of the response and
	 notify the applicant in writing.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:14 - Technical, managerial, and financial capacity review

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days after the department has determined the information
	 submitted by the applicant is complete, the department shall conduct a
	 technical, managerial, and financial capacity review. The department shall
	 notify the applicant in writing whether or not the new system has demonstrated
	 adequate capacity.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:15 - New water system capacity approval

Current through Register Vol. 51, page 10, July 15, 2024
After the department has completed the capacity and plans and
	 specifications review and has determined the system has adequate capacity, the
	 department shall notify the applicant, in writing, that construction may
	 begin.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:16 - Construction schedule

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit a construction schedule to the department
	 stating when construction activities are expected to begin and
	 end.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:17 - Pre-construction meeting

Current through Register Vol. 51, page 10, July 15, 2024
The department may require a pre-construction meeting with the owner
	 and manager of the water system.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:18 - Construction inspections

Current through Register Vol. 51, page 10, July 15, 2024
The department may conduct inspections at the work site to ensure
	 compliance with all applicable requirements. Failure to submit to inspection
	 constitutes a basis for denial of certification.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:19 - Official plans and specifications filed

Current through Register Vol. 51, page 10, July 15, 2024
If revisions are made to the approved plans and specifications, an
	 addendum to the plans and specifications or as-built plans and specifications
	 must be completed for each project and one copy must be submitted to the
	 department before system start-up. The water system shall also keep at least
	 one copy available for public inspection.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:20 - Notice of completion

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit to the secretary a notice of completion. The
	 notice of completion certifies that the applicant has constructed the water
	 system according to the approved plans and specifications.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:21 - Issuance of a certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
After the water system has met all of the requirements stated within
	 this chapter, the secretary shall issue a certificate of approval and the
	 system may be placed in service. A certificate of approval may be denied if the
	 requirements are not met.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:09 - Capacity requirements for new community and new nontransient noncommunity water systems › Section 74:04:09:22 - Transfer of a certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
A certificate of approval may be transferred to a new owner if the
	 current owner notifies the secretary at least 30 days in advance of the
	 proposed transfer date and the notice includes a written agreement between the
	 existing and new owner containing a specific date for transfer of certificate
	 of approval responsibility, coverage, and liability between them. The notice
	 shall also include a certification that all water system records and
	 documentation required by this chapter will be transferred to the new owner
	 before the transfer date. The new owner shall also provide certification of
	 compliance with SDCL
	 1-40-27. If the secretary does not
	 receive a notice of ownership transfer, the current owner is responsible for
	 all conditions stated within this chapter.
General Authority:
SDCL
		1-40-27,
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25.