reglab/statecodes huggingface dataset:
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 74:04:09:23 - Certificate of approval validity

Current through Register Vol. 51, page 10, July 15, 2024
After a system has been issued a certificate of approval, the
	 certificate is valid only if the system is operated according to the operating
	 plan, operations and maintenance manual, and plans and specifications. If
	 modifications are to be made to the system that will alter any of the above
	 items, written notification shall be made to the department for approval. If
	 the items listed in §§
									74:04:09:06 and
	 74:04:09:09 are updated to reflect
	 the modifications made to the system, the certificate of approval remains
	 valid. If modifications are made to the water system without updating the
	 operating plan, plans and specifications, and operations and maintenance manual
	 or notifying the department, the certificate of approval may be revoked as set
	 forth in §
									74:04:09:24.
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 74:04:09:24 - Procedure for denial or revocation and appeal of denial or revocation of certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
The procedure for the denial or revocation of the certificate of
	 approval is as follows:
(1) The
  secretary shall issue a letter of intent to deny or revoke the certificate of
  approval to the water system by certified mail with return receipt
  requested;
(2) If the water system
  wishes to challenge the denial or revocation, it may request a hearing before
  the secretary 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 water system owner; and
(3) After notice is issued and a hearing is
  conducted pursuant to SDCL chapter 1-26, the secretary shall make a decision
  concerning the denial or revocation.
If certification is denied or revoked, the system is operating without
	 a certificate of approval and is subject to penalties provided for in SDCL
	 34A-3A-3 in addition to penalties
	 for any other violations.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		1-26-16,
		1-26-17,
		1-26-27,
		1-26-29,
		34A-3A-3,
		34A-3A-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:11 - Sanitary surveys › Section 74:04:11:02 - Sanitary surveys - General

Current through Register Vol. 51, page 10, July 15, 2024
The department shall conduct a sanitary survey of all public water
	 systems according to the criteria in this chapter. The department shall conduct
	 a sanitary survey of all Type S community public water systems according to the
	 criteria in this chapter by December 31, 2012, and of all Type S transient
	 noncommunity and nontransient noncommunity systems by December 31, 2014. The
	 frequency for a sanitary survey is as follows:
(1) For community water systems - every three
  years; and
(2) For transient
  noncommunity and nontransient noncommunity water systems - every five years.
The department may conduct more frequent sanitary surveys for any
	 system.
The sanitary survey may be completed as part of a staged or phased
	 review by the department if the survey is completed within the timeframes
	 specified in subdivision (1) or (2) of this section.
The department shall review the disinfection profile for systems
	 required to comply with the disinfection profiling requirements specified by
	 40 C.F.R. §
											141.172.
A report describing the results of the sanitary survey including any
	 significant deficiencies shall be provided to the water system within 30 days
	 of completion of the survey. The report may specify corrective actions and
	 deadlines for completion of the corrective actions.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:11 - Sanitary surveys › Section 74:04:11:03 - Sanitary survey components

Current through Register Vol. 51, page 10, July 15, 2024
The sanitary survey must address, at a minimum, the following
	 elements:
(1) Sources;
(2) Treatment;
(3) Distribution system;
(4) Finished water storage;
(5) Pumps, pump facilities, and
  controls;
(6) Monitoring,
  reporting, and data verification;
(7) System management and operation;
  and
(8) Operator compliance with
  chapter 74:21:02.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:11 - Sanitary surveys › Section 74:04:11:04 - Significant deficiency - Response by system

Current through Register Vol. 51, page 10, July 15, 2024
A Type H public water system must respond in writing no later than 45
	 days after the receipt of a sanitary survey report describing how and on what
	 schedule the system will address any significant deficiencies identified in the
	 sanitary survey report.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:04 - Water hygiene › Chapter 74:04:11 - Sanitary surveys › Section 74:04:11:05 - Significant deficiency - Violation by system

Current through Register Vol. 51, page 10, July 15, 2024
Failure by a Type H public water system to respond in writing as
	 required by §
									74:04:11:04 or failure to address
	 significant deficiencies identified in a sanitary survey report that are within
	 the control of the water system or its governing body is a violation of this
	 chapter and is subject to penalties as provided for in SDCL
	 34A-3A-3 or
	 34A-3A-26.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-3,
		34A-3A-25(4),
		34A-3A-26.
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 74:04:12:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in 40
	 C.F.R. §
										141.2 (July 1, 2018) are hereby
	 incorporated by reference in this chapter except for the following terms: act,
	 approved laboratory, department, EPA regional administrator, entry point,
	 maximum contaminant level, maximum contaminant level goal, mg/L, NTU, IOC,
	 person, SOC, state, VOC, and waiver.
Terms used in this chapter and definitions incorporated by reference in
	 this chapter have the following meanings:
(1) "Act," except as used in 40 C.F.R. Part
  141 (July 1, 2018) means SDCL 34A-3A;
(2) "Approved laboratory," a laboratory
  approved by the Department of Environment and Natural Resources to analyze
  water samples from public water systems to determine their compliance with
  maximum contaminant levels and other monitoring requirements of this
  chapter;
(3) "Department," the
  Department of Environment and Natural Resources;
(4) "EPA regional administrator," the
  regional administrator of EPA Region 8 located at 1595 Wynkoop Street, Denver,
  CO 80202-1129;
(5) "Entry point,"
  the entry point to the distribution system that is representative of each
  source of water after treatment;
(6) "IOC," inorganic chemical;
(7) "Maximum contaminant level," "MCL," the
  maximum permissible level of a contaminant in water that is delivered to any
  user of a public water system;
(8)
  "Maximum contaminant level goal," "MCLG," the maximum level of a contaminant in
  drinking water at which no known or anticipated adverse effect on the health of
  persons would occur, and that allows an adequate margin of safety. MCLGs are
  nonenforceable health goals;
(9)
  "Mg/L," milligrams per liter;
(10)
  "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 6
  months a year;
(11) "NTU,"
  nephelometric turbidity unit;
(12)
  "Person," an individual, corporation, company, association, partnership, state,
  municipality, or federal agency;
(13) "SOC," synthetic organic
  chemical;
(14) "State," as used in
  the portions of 40 C.F.R. Part 141 (July 1, 2018) incorporated by reference in
  this chapter means the South Dakota Department of Environment and Natural
  Resources;
(15) "VOC," volatile
  organic chemical; and
(16)
  "Waiver," a process used by the department that allows a public water system to
  reduce or eliminate monitoring for a particular chemical.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3.
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 74:04:12:02 - Public water systems subject to provisions of this chapter

Current through Register Vol. 51, page 10, July 15, 2024
All public water systems shall meet the requirements of this chapter
	 unless specifically exempted under SDCL
	 34A-3A-14.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-14.
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 74:04:12:03 - Variances and exemptions

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for variances and exemptions found in
	 40 C.F.R. §
										141.4 (July 1, 2018) are hereby incorporated
	 by reference.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-14.
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 74:04:12:04 - General monitoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to all contaminant monitoring
	 performed by public water systems:
(1)
  The department may determine compliance or initiate enforcement action based on
  analytical results;
(2) Each water
  system shall monitor at the time designated by the department within each
  compliance period;
(3) Systems may
  apply to the department to conduct more frequent monitoring than the minimum
  monitoring frequencies specified; and
(4) The department may increase the required
  monitoring frequencies if necessary to detect variations within a system such
  as fluctuations in concentration due to seasonal use or changes in water
  sources, or to characterize water system contamination.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:05 - Initial monitoring

Current through Register Vol. 51, page 10, July 15, 2024
A newly constructed water system, a water system that uses a new
	 source, or a system determined by the department to be a public water system
	 shall begin monitoring as required by this chapter within one quarter after the
	 determination or the construction of the new water system or the new source. A
	 public water system proposed for construction shall, whenever possible, collect
	 and analyze the proposed source water for compliance with this chapter prior to
	 construction.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:06 - Reliably and consistently less than the maximum contaminant level

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of this chapter, the term, reliably and consistently less
	 than the maximum contaminant level, means:
(1) For VOCs, SOCs, and IOCs except nitrate
  and nitrite, the average of the initial sample and quarterly samples is less
  than the MCL;
(2) For nitrate, the
  average of four consecutive quarterly samples is less than 7.5 mg/L and no
  single sample exceeds 10 mg/L; or
(3) For nitrite, the average of four
  consecutive quarterly samples is less than 0.75 mg/L and no single sample
  exceeds 1 mg/L.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:07 - Subpart B - Maximum contaminant levels for chemicals

Current through Register Vol. 51, page 10, July 15, 2024
The maximum contaminant levels for chemicals found in 40 C.F.R. Part
	 141 Subpart B (July 1, 2018) are hereby incorporated by
	 reference.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(1).
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 74:04:12:08 - Subpart C - Monitoring and analytical requirements

Current through Register Vol. 51, page 10, July 15, 2024
The monitoring and analytical requirements found in 40 C.F.R. Part 141
	 Subpart C (July 1, 2018) are hereby incorporated by
	 reference.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(1).
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 74:04:12:09 - Monitoring and analytical requirements - Certified laboratories

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of determining compliance with the sampling,
	 monitoring, and analytical requirements of this chapter, samples may be
	 considered only if they have been analyzed by a laboratory certified pursuant
	 to chapter 74:04:07. Measurements for alkalinity, calcium, conductivity,
	 disinfectant residual, orthophosphate, pH, silica, temperature, and turbidity
	 may be performed by any person acceptable to the department based on education,
	 training, or experience. The department may take samples to determine
	 compliance by a supplier of water with 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 74:04:12 - Drinking Water Standards › Section 74:04:12:10

Current through Register Vol. 51, page 10, July 15, 2024
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 74:04:12 - Drinking Water Standards › Section 74:04:12:11

Current through Register Vol. 51, page 10, July 15, 2024
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 74:04:12 - Drinking Water Standards › Section 74:04:12:12

Current through Register Vol. 51, page 10, July 15, 2024
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 74:04:12 - Drinking Water Standards › Section 74:04:12:13 - IOCs - Waivers for monitoring

Current through Register Vol. 51, page 10, July 15, 2024
A system may apply to the department for a waiver from the monitoring
	 frequencies specified in 40
	 C.F.R. §
										141.23 (July 1, 2018) for any
	 of the inorganic chemicals listed in
	 40 C.F.R. §§
										141.11 and
	 141.62 (July 1, 2018) except
	 nitrate and nitrite. Conditions for the granting of a waiver are as
	 follows:
(1) The system must take a
  minimum of one sample from each entry point while the waiver is in effect. The
  term during which the waiver is effective may not exceed the end of the current
  compliance cycle. The system must reapply for a waiver for each compliance
  cycle;
(2) The department may grant
  a waiver if a surface water system has monitored annually for at least three
  years and a groundwater system has conducted a minimum of three rounds of
  monitoring with at least one sample having been collected since January 1,
  1990. Both surface and groundwater systems must demonstrate that all previous
  analytical results were less than 90 percent of the MCLs as specified in
  40 C.F.R. §§
										141.11 and
  141.62 (July 1, 2018). A system
  that uses a new water source is not eligible for a waiver until three rounds of
  monitoring from the new source have been completed. The system must submit
  copies of these analytical results and a completed waiver application to the
  department;
(3) The department
  shall consider the following in determining whether to grant the waiver:
(a) Reported concentrations from all previous
  monitoring;
(b) The degree of
  variation in reported concentrations; and
(c) Other factors which may affect
  contaminant concentrations such as changes in groundwater pumping rates,
  changes in the system's configuration, changes in the system's operating
  procedures, or changes in stream flows or characteristics; and
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 74:04:12:14 - Asbestos - Waivers for monitoring

Current through Register Vol. 51, page 10, July 15, 2024
All community and NTNC systems may apply to the department for a
	 waiver for the asbestos monitoring specified in
	 40 C.F.R. §
										141.23(b) (July 1, 2018).
	 Conditions for the granting of a waiver are as follows:
(1) For a waiver to be granted, the water
  system must not be vulnerable to asbestos contamination in its source water and
  must meet one of the following conditions:
(a) No asbestos-cement materials may be
  present as a source construction material or in the distribution system;
  or
(b) If asbestos-cement materials
  are present in the source or in the distribution system, the water must be
  noncorrosive as determined by the Langelier Index as specified in
  40 C.F.R. §
											141.42(c) (July 1, 2018).
The system must submit written evidence of compliance with subdivisions
	 1(a) or 1(b) of this section and a completed waiver application to the
	 department. If the use of asbestos in the system is unknown, the waiver may not
	 be granted;
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 74:04:12:15 - SOCs - Waivers for monitoring

Current through Register Vol. 51, page 10, July 15, 2024
A system may apply to the department for a waiver from the monitoring
	 frequencies for synthetic organic chemicals specified in
	 40 C.F.R. §
										141.24 (July 1, 2018). Conditions for a
	 waiver are as follows:
(1) The waiver
  expires at the end of the current compliance period. A system must reapply for
  a waiver for each compliance period;
(2) A system need not monitor for any
  synthetic organic chemical for which it receives a waiver;
(3) The department may grant a waiver after
  evaluating the previous use, including transport, storage, and disposal of
  synthetic organic chemicals within the watershed or zone of influence of a
  system. If the use of a contaminant is unknown or if a contaminant has been
  used previously, the department may not grant a waiver under this
  subdivision;
(4) If the use of a
  contaminant is unknown or if a contaminant has been used previously, 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 the source against contamination by such factors as depth of
  well, soil type, and integrity of well casing;
(e) Nitrate levels at the source;
  and
(f) Use of polychlorinated
  biphenyls in equipment used in the production, storage, and distribution of
  water.
The system must submit written evidence of compliance with subdivision
	 (3) or (4) of this section and a completed waiver application to the
	 department. If any of the information required by subdivisions (3) and (4) of
	 this section is unknown or indicates that contamination is likely to occur, the
	 department may not grant waiver.
The decision by the department to grant a waiver shall be in writing
	 and shall 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.
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 74:04:12:17 - Subpart D - Reporting and recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
The reporting and recordkeeping requirements found in 40 C.F.R. Part
	 141 Subpart D (July 1, 2018) are hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:18 - Reports and recordkeeping by the department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall maintain records, tests, measurements, analyses,
	 decisions, and determinations in accordance with the requirements specified in
	 40 C.F.R. §
										142.14 (July 1, 2018). The department shall
	 provide reports in accordance with the requirements specified in
	 40 C.F.R. §
										142.15 (July 1, 2018).
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 74:04:12 - Drinking Water Standards › Section 74:04:12:19 - Subpart E - Special regulation monitoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
The monitoring requirements for special regulations found in 40 C.F.R.
	 Part 141 Subpart E (July 1, 2018) are hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:20 - Subpart F - Maximum contaminant level goals and maximum residual disinfection level goals

Current through Register Vol. 51, page 10, July 15, 2024
The maximum contaminant level goals and maximum residual disinfection
	 level goals found in 40 C.F.R. Part 141 Subpart F (July 1, 2018) are hereby
	 incorporated by reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:21 - Subpart G - Maximum contaminant levels and maximum residual disinfectant levels

Current through Register Vol. 51, page 10, July 15, 2024
The maximum contaminant levels and maximum residual disinfectant
	 levels found in 40 C.F.R. Part 141 Subpart G (July 1, 2018) are hereby
	 incorporated by reference.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-(2).
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 74:04:12:22 - Subpart H - Filtration and disinfection

Current through Register Vol. 51, page 10, July 15, 2024
The filtration and disinfection requirements found in 40 C.F.R. Part
	 141 Subpart H (July 1, 2018) are hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:23 - Distribution system residual disinfection concentration sampling plans for systems that also use groundwater

Current through Register Vol. 51, page 10, July 15, 2024
The residual disinfectant concentration must be measured at least at
	 the same points in the distribution system and at the same time that total
	 coliform monitoring, as required in §
									74:04:12:09, occurs. However, the
	 department may allow a system which uses a combination of surface water or
	 groundwater under the direct influence of surface water and groundwater to take
	 disinfectant residual samples at points other than the total coliform sampling
	 points if the department determines that such points are more representative of
	 treated (disinfected) surface water quality within the distribution
	 system.
General Authority:
34A-3A-3.
Law
		Implemented:
34A-3A-3(2).
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 74:04:12:24 - Subpart I - Control of lead and copper

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for control of lead and copper found in 40 C.F.R.
	 Part 141 Subpart I (July 1, 2018) are hereby incorporated by reference except
	 for 40 C.F.R. §
										141.82(d) (July 1,
	 2018).
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(1).
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 74:04:12:25 - Control of lead and copper - Designation of optimal corrosion control

Current through Register Vol. 51, page 10, July 15, 2024
Each system shall properly install and operate the optimal corrosion
	 control treatment designated by the department. The department shall evaluate
	 the results of all lead and copper tap water samples and water quality
	 parameter samples to determine whether the water system has properly installed
	 and operated the optimal corrosion control treatment designated by the
	 department. The water system shall provide any additional information the
	 department requests to aid its review. Upon reviewing the results of tap water
	 and water quality parameter monitoring by the system both before and after the
	 system installs optimal corrosion control treatment, the department shall
	 designate:
(1) A range of values for
  pH measured at each entry point and in all tap samples;
(2) If a corrosion inhibitor is used, an
  inhibitor concentration range measured at each entry point to the distribution
  system and in all tap samples;
(3)
  If alkalinity adjustment is used, an alkalinity concentration range measured at
  each entry point and in all tap samples; and
(4) If calcium carbonate stabilization is
  used, a calcium concentration range measured in all tap samples.
These water quality parameters and optimal corrosion control treatment
	 values may be modified by the department upon its own initiative or in response
	 to a request by a water system or other interested party. A request for
	 modification by a system or other interested party must be in writing, explain
	 why the modification is appropriate, and provide supporting documentation. The
	 department may modify its determination if it concludes that such a change is
	 necessary to ensure that the system continues to optimize corrosion control
	 treatment. The department shall make the revised determination in writing and
	 shall set forth the new treatment requirements, explain the basis for the
	 department's decision, and provide an implementation schedule. All systems
	 shall maintain water quality parameter values within the range designated by
	 the department. If the water quality value is outside the designated range, the
	 system is out of compliance. If the system is out of compliance, the system may
	 take a confirmation sample no later than three days after the first sample. If
	 a confirmation sample is taken, the result must be averaged with the first
	 sampling result and the average must be used for compliance
	 determinations.
The department shall allow the EPA regional administrator to review
	 treatment determinations made by the department and issue federal treatment
	 determinations as specified in 40 C.F.R. § 148.82(i) (July 1,
	 2018).
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 74:04:12 - Drinking Water Standards › Section 74:04:12:26 - Subpart J - Use of non-centralized treatment devices

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for the use of non-centralized treatment devices
	 found in 40 C.F.R. Part 141 Subpart J (July 1, 2018) is hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:27 - Subpart K - Treatment techniques for acrylamide and epichlorohydrin

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for the acrylamide and epichlorohydrin found in 40
	 C.F.R. Part 141 Subpart K (July 1, 2018) are hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:28 - Subpart L - Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for disinfectant residuals, disinfection byproducts,
	 and disinfection byproduct precursors found in 40 C.F.R. Part 141 Subpart L
	 (July 1, 2018) are hereby incorporated by reference except for
	 40 C.F.R. §
										141.131(c)(3) (July 1,
	 2018).
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 74:04:12 - Drinking Water Standards › Section 74:04:12:29 - Approved use of DPD colorimetric test kit

Current through Register Vol. 51, page 10, July 15, 2024
Certified water treatment and water distribution operators and
	 third-party technical assistance providers are approved to use DPD colorimetric
	 test kits, in addition to the methods specified in C.F.R. § 141.131(c)(1)
	 (July 1, 2018), to measure residual disinfectant concentrations for chlorine,
	 chloramines, and chlorine dioxide.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:30 - Subpart P - Enhanced filtration and disinfection - Systems serving 10,000 or more people

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for enhanced filtration and disinfection for systems
	 serving 10,000 or more people found in 40 C.F.R. Part 141 Subpart P (July 1,
	 2018) are hereby incorporated by reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:31 - Enhanced filtration and disinfection - Composite correction program requirements

Current through Register Vol. 51, page 10, July 15, 2024
A water system that is in violation of
	 40 C.F.R. §
										141.175(b)(3) (July 1, 2018)
	 shall perform the comprehensive performance evaluation (CPE) component of a
	 composite correction program (CCP) as defined in
	 40 C.F.R. §
										141.2 (July 1, 2018).
The department may require a water system to perform a CCP or one of
	 its components if significant deficiencies are identified in a sanitary survey
	 report or other situations that pose a hazard to public health. A water system
	 required to perform a CCP shall implement the follow-up recommendations
	 specified in the CPE report.
The department may approve third-parties for use by public water
	 systems that are required to perform CCP activities.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2),
		34A-3A-4(3).
Sanitary surveys, ch 74:04:11.
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 74:04:12:32 - Subpart Q - Public notification of drinking water violation

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for public notification of drinking water violations
	 found in 40 C.F.R. Part 141 Subpart Q (July 1, 2018) are hereby incorporated by
	 reference except for 40
	 C.F.R. §
										141.202(b).
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 74:04:12 - Drinking Water Standards › Section 74:04:12:33 - Public notification of drinking water violation - Violation categories and other situations

Current through Register Vol. 51, page 10, July 15, 2024
Other violations and situations determined by the department to
	 require a public notice not already listed in 40 C.F.R. § 141 Subpart Q,
	 Appendix A, (July 1, 2018) for purposes of this chapter, are defined as
	 circumstances that may present a potential danger to drinking water system
	 consumers. Such circumstances include the following:
(1) Source contamination;
(2) Spills;
(3) Accidents;
(4) Natural disasters;
(5) Conditions found during an inspection of
  the system; or
(6) Breakdowns in
  water treatment.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:34 - Public notification of drinking water violation - Who must be notified - Special circumstances

Current through Register Vol. 51, page 10, July 15, 2024
If a public water system has a violation in a portion of the
	 distribution system that is physically or hydraulically isolated from other
	 parts of the distribution system, the department may allow the system to limit
	 distribution of the public notice to only persons served by that portion of the
	 system that is out of compliance. Permission by the department must be granted
	 in writing.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2),
		34A-3A-12.
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 74:04:12:35 - Public notification of drinking water violation - Tier 1 public notice - Frequency

Current through Register Vol. 51, page 10, July 15, 2024
Public water systems with a Tier 1 violation or other situation as
	 specified in 40 C.F.R.
	 §
										141.202 (July 1, 2018) shall provide
	 public notice according to the following criteria:
(1) Provide a public notice as soon as
  practical, but not later than 24 hours after learning of the
  violation;
(2) Initiate
  consultation with the department as soon as practical, but not later than 24
  hours after learning about the violation or other situation, to determine
  additional public notice requirements; and
(3) Comply with the following additional
  public notification requirements:
(a)
  Duration. Once the public notification is posted, the notice must remain in
  place until the violation or situation has been resolved as determined by the
  department. However, in no case may a notice be posted for less than seven
  days, even if the violation or situation has been resolved; and
(b) Broadcast media. A public notification
  made by broadcast media must be aired a minimum of three times during the
  24-hour period specified in subdivision (1) of this section.
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 74:04:12:36 - Public notification of drinking water violation - Tier 1 public notice - Form and manner

Current through Register Vol. 51, page 10, July 15, 2024
Public water systems shall provide the notice within 24 hours in a
	 form and manner reasonably calculated to reach all persons served by the
	 system. The form and manner used by the system must fit the specific situation,
	 but must be designed to reach residential, transient, and nontransient users of
	 the system. In order to reach all persons served, the system shall use, at a
	 minimum, one or more of the following forms of delivery:
(1) Appropriate broadcast media, to include
  radio and television;
(2) Posting
  the notice in conspicuous locations throughout the area served by the water
  system; or
(3) Hand delivery of the
  notice to persons served by the water system.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:37 - Public notification of drinking water violation - Additional Tier 2 public notice categories

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the Tier 2 public notice categories found in
	 40 C.F.R. §
										141.203(a), the department
	 determines that the following violations and other situations require a Tier 2
	 public notice (rather than a Tier 3 public notice):
(1) Failure to monitor or failure to report
  for either nitrate or nitrite or both; or
(2) Failure to monitor or failure to report
  for turbidity.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:38 - Public notification of drinking water violation - Public notification made by department

Current through Register Vol. 51, page 10, July 15, 2024
Notice to the public may be given by the department on behalf of the
	 owner or operator of a public water system if the owner or operator fails to
	 provide a required public notice. However, the owner or operator of the public
	 water system must still comply with the requirements of this
	 subpart.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:39 - Public notification of drinking water violation - Reports and recordkeeping by department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall maintain records of public notices and
	 certifications received from water systems and any department determinations of
	 alternative public notification requirements for a water system as specified in
	 40 C.F.R. §
										142.14 (July 1, 2018). The department shall
	 provide reports in accordance with the requirements specified in 40 C. F. R.
	 § 142.15 (July 1, 2018).
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 74:04:12 - Drinking Water Standards › Section 74:04:12:40 - Subpart T - Enhanced filtration and disinfection - Systems serving fewer than 10,000 people

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for enhanced filtration and disinfection for systems
	 serving fewer than 10,000 people found in 40 C.F.R. Part 141 Subpart T (July 1,
	 2018) are hereby incorporated by reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:41 - Subpart O - Consumer confidence reports

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for consumer confidence reports found in 40 C.F.R.
	 Part 141 Subpart O (July 1, 2018) are hereby incorporated by
	 reference.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
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 74:04:12:42 - Consumer confidence reports - Governor's waiver

Current through Register Vol. 51, page 10, July 15, 2024
The Governor may waive the requirements of
	 40 C.F.R. §
										141.155(a) (July 1, 2018)
	 for community water systems serving fewer than 10,000 persons. Qualifying
	 systems shall:
(1) Publish the report
  in one or more local newspapers serving the area in which the system is
  located;
(2) Inform the customers
  that the reports will not be mailed either in the newspapers in which the
  reports are published or by other means approved by the department;
  and
(3) Make the report available
  to the public upon request.
Systems serving 500 or fewer persons may forego the requirements of
	 subdivisions (1) and (2) of this section if they provide notice at least once
	 per year to their customers by mail, door-to-door delivery, by posting in an
	 appropriate location, or by other means approved by the department that the
	 report is available upon request.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
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 74:04:12:43 - Consumer confidence reports - Reports available from department

Current through Register Vol. 51, page 10, July 15, 2024
Reports submitted to the department in compliance with
	 40 C.F.R. §
										141.155(c) (July 1, 2018)
	 are available to the public upon request.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
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 74:04:12:44 - Consumer confidence reports - Recordkeeping by department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall maintain a copy of the reports obtained under
	 40 C.F.R. §
										141.155(c) (July 1, 2018)
	 for a period of one year and a copy of the certifications obtained under
	 subdivision 40 C.F.R. §
										141.155(c) (July 1, 2018)
	 for a period of five years.
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
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 74:04:12:45 - Consumer confidence reports - Reporting of violations

Current through Register Vol. 51, page 10, July 15, 2024
The department shall report violations of this chapter to EPA in
	 accordance with the requirements of
	 40 C.F.R. §
										142.15(a)(1) (July 1,
	 2018).
General Authority:
SDCL
		34A-3A-25.
Law Implemented:
SDCL
		34A-3A-25(4).
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 74:04:12:46 - Subpart S - Ground water rule

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for groundwater found in 40 C.F.R. Part 141 Subpart S
	 (July 1, 2018) are hereby incorporated by reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:47 - Subpart U - Initial distribution system evaluations

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for initial distribution system evaluations found in
	 40 C.F.R. Part 141 Subpart U (July 1, 2018) are hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:48 - Subpart V - Stage 2 disinfection byproducts requirements

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for Stage 2 disinfection byproducts found in 40
	 C.F.R. Part 141 Subpart V (July 1, 2018) are hereby incorporated by
	 reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:49 - Subpart W - Enhanced treatment for cryptosporidium

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for enhanced treatment for
cryptosporidium
found in 40 C.F.R. Part 141 Subpart W (July 1,
	 2018) are hereby incorporated by reference.
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 74:04:12 - Drinking Water Standards › Section 74:04:12:50 - Subpart Y - Revised total coliform rule

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of the revised Total Coliform Rule found in 40 C.F.R
	 Part 141 Subpart Y (July 1, 2018) are hereby incorporated by
	 reference.
General Authority:
SDCL
		34A-3A-3.
Law Implemented:
SDCL
		34A-3A-3(2).