South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:12 - Drinking Water Standards › Section 74:04:12:16 - VOCs - Waivers for monitoring

Current through Register Vol. 51, page 10, July 15, 2024
A groundwater system that does not detect a contaminant specified in
	 40 C.F.R. §
										141.62 (July 1, 2018) in its initial
	 monitoring as specified by 40 C.F.R. §
										141.24(f)(4) (July 1, 2018)
	 may apply to the department for a waiver from the annual and triennial
	 monitoring. A surface water system that does not detect a contaminant specified
	 in 40 C.F.R. §
										141.62 (July 1, 2018) in its initial
	 monitoring as specified by 40 C.F.R. §
										141.24(f)(4) (July 1, 2018)
	 may apply to the department for a waiver from annual monitoring. Conditions for
	 the granting of a waiver are as follows:
(1) The waiver for groundwater systems
  expires at the end of the second compliance period after it is granted. The
  waiver for surface water systems expires at the end of the current compliance
  period. A groundwater system must reapply for a waiver after the expiration of
  the previous waiver. A surface water system must be reevaluated by the
  department after the expiration of the previous waiver;
(2) A groundwater system must monitor once at
  each entry point and update its vulnerability assessment considering the
  factors specified in subdivision (4) of this section while the waiver is in
  effect. Based on the vulnerability assessment, the department must determine
  whether to reconfirm that the system is not vulnerable to VOC contamination. If
  the department does not make this reconfirmation within three years after the
  initial determination, the waiver is invalidated and the system is required to
  sample annually as specified in
  40 C.F.R. §
										141.24(f)(5) (July 1,
  2018);
(3) A surface water system
  must monitor once at each entry point while the waiver is in effect;
(4) The department may grant a waiver after
  evaluating the following:
(a) Previous
  analytical results;
(b) The
  proximity of the system to a potential point or nonpoint source of
  contamination;
(c) The
  environmental persistence and transport of the contaminant;
(d) The protection of a groundwater source
  against contamination due to such factors as depth of well, soil type, and
  integrity of well casing. Surface water systems must consider watershed
  protection; and
(e) The number of
  persons served by the water system and proximity of a smaller system to a
  larger system.
A groundwater system must submit written evidence that it complies with
	 the criteria in subdivision (4) of this section and a completed waiver
	 application to the department. If any of the information required by
	 subdivision (4) of this section is unknown or indicates that contamination is
	 likely to occur, the department may not grant the waiver.
The decision by the department to grant a waiver must be in writing and
	 must establish the basis for the waiver determination. The determination may be
	 initiated by the department or upon application by a public water
	 system.
The public water system must specify the basis for its waiver request.
	 The department shall review and may revise its determination of the appropriate
	 monitoring frequency if the system submits new monitoring data or if other data
	 relevant to the system's appropriate monitoring frequency become
	 available.