ARSD Article 74:04 — WATER HYGIENE

AGRICULTURE & NATURAL RESOURCES AGRICULTURE & NATURAL RESOURCES

Chapter 74:04:01 Fluoridation of water supplies

ARSD 74:04:01:01 Definitions

Terms used in this chapter mean:

(1) "Public water supplies," any 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 Agriculture and Natural Resources or authorized representative; and

(3) "Milligrams per liter," (mg/l) a method of expressing analytical results.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:01, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34-24A-2.
Law Implemented: SDCL 34-24A-2.

ARSD 74:04:01:02 Written approval required to implement fluoridation

Written approval must be obtained from the department prior to the implementation of the addition of fluoride ion to public water supplies. Plans and specifications shall be submitted as prescribed by chapter 74:53:05 unless otherwise waived by the department.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:02, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 34-24A-2.
Law Implemented: SDCL 34-24A-2, 34-24A-3.

ARSD 74:04:01:03 Required minimum fluoride levels

If the fluoride ion content of the water from any entry point for a public water supply is less than 0.5 mg/l, equipment must be provided and operated to adjust the fluoride ion concentration in the range of 0.5 mg/l to 0.9 mg/l, with an optimum level of 0.7 mg/l. 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/l. 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.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:03. effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 34-24A-2.
Law Implemented: SDCL 34-24A-1, 34-24A-2, 34-24A-3.

ARSD 74:04:01:04 Equipment construction, installation, and operation

The chemical feeder apparatus for introducing fluoride ion into the water supply shall be constructed, installed, and operated in accordance with department requirements.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:04, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 34-24A-2.
Law Implemented: SDCL 34-24A-2, 34-24A-3.

ARSD 74:04:01:05 Daily testing requirements

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.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:05, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 34-24A-2.
Law Implemented: SDCL 34-24A-1, 34-24A-2, 34-24A-3.

ARSD 74:04:01:06 Samples shall be tested by a certified laboratory -- Frequency

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.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:06, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 34-24A-2.
Law Implemented: SDCL 34-24A-1, 34-24A-2, 34-24A-3.

ARSD 74:04:01:07 Repealed

Daily records required.** Repealed.

History

Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:07, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.

Chapter 74:04:02 Bulk water haulers, Repealed

ARSD 74:04:02 Repealed chapter

CHAPTER 74:04:02

BULK WATER HAULERS

(Repealed. 13 SDR 129, 13 SDR 141, effective July 1, 1987)

Chapter 74:04:03 Environmental health laboratory, Repealed

ARSD 74:04:03 Repealed chapter

CHAPTER 74:04:03

ENVIRONMENTAL HEALTH LABORATORY

(Repealed. 13 SDR 129, 13 SDR 141, effective July 1, 1987)

Chapter 74:04:04 Grant for drinking water quality, Repealed

ARSD 74:04:04 Repealed chapter

CHAPTER 74:04:04

GRANTS FOR DRINKING WATER QUALITY

(Repealed. 13 SDR 23, effective September 3, 1986)

Chapter 74:04:05 Drinking water standards, Repealed

ARSD 74:04:05 Repealed chapter

CHAPTER 74:04:05

DRINKING WATER STANDARDS

(Repealed. 31 SDR 21, effective August 24, 2004)

Chapter 74:04:06 Public notification, Repealed

ARSD 74:04:06 Repealed chapter

CHAPTER 74:04:06

PUBLIC NOTIFICATION

(Repealed. 31 SDR 21, effective August 24, 2004)

Chapter 74:04:07 Laboratory quality control

ARSD 74:04:07:01 Definitions

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 Agriculture 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.

History

Source: 16 SDR 196, effective May 21, 1990; 21 SDR 40, effective September 6, 1994; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:02 Requirements for laboratory certification

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.

History

Source: 16 SDR 196, effective May 21, 1990.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:03 Requirements for certification

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.

History

Source: 16 SDR 196, effective May 21, 1990; 21 SDR 40, effective September 6, 1994.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:04 Criteria for revoking certification

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);

(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);

(5) Failure to generate reliable data on a routine basis;

(6) Submission of a performance evaluation sample or any routine sample to another laboratory and reporting the data to be generated as its own; or

(7) Falsification of data or other deceptive practices.

History

Source: 16 SDR 196, effective May 21, 1990; 21 SDR 40, effective September 6, 1994.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:05 Certification status of new laboratories

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.

History

Source: 16 SDR 196, effective May 21, 1990.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:06 Criteria for downgrading to provisional certification status

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.

History

Source: 16 SDR 196, effective May 21, 1990.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:07 Procedure for revocation and appeal of revocation

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.

History

Source: 16 SDR 196, effective May 21, 1990.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2), 34A-3A-4(2).

ARSD 74:04:07:08 Reinstatement of certification

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.

History

Source: 16 SDR 196, effective May 21, 1990.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:07:09 Reciprocal certification

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.

History

Source: 16 SDR 196, effective May 21, 1990.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

Chapter 74:04:09 Capacity requirements for new community and new nontransient noncommunity water systems

ARSD 74:04:09:01 Definitions

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 Agriculture 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 Agriculture 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.

History

Source: 25 SDR 75, effective November 18, 1998; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:02 Definition of new water system

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:03 Compliance with capacity requirements

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:04 Certificate of approval required for new water system operation

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-3, 34A-3A-25.

ARSD 74:04:09:05 Technical, managerial, and financial capacity criteria

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

(2) Managerial capacity criteria:

(a) The system owner or owners are clearly identified;

(b) The system meets all of the operator certification requirements in accordance with chapter 74:21:02 or have a plan to do so if the system is not yet required to have a certified operator;

(c) A system or method is in place to effectively maintain all required records, distribution system histories, maps, and compliance information; and

(d) An operating plan is completed in accordance with subsection 74:04:09:08(2)(b);

(3) Financial capacity criteria:

(a) Revenues are greater than costs;

(b) A financial audit of the water system is completed every three years;

(d) The operating ratio is greater than 1.0;

(e) The coverage ratio is greater than 1.0;

(f) Customers are metered; and

(g) An emergency/replacement reserve is created and funded.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:06 Documentation requirements for demonstration of adequate technical, managerial, and financial capacity

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.

Cross Reference: Plans and specifications required to be filed with DENR, chs 74:53:04 and 74:53:05.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:07 New water system application requirements

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 1-40-27, 34A-3A-25.

ARSD 74:04:09:08 Business plan requirements

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;

(2) Management plan. The management plan shall describe what is needed to provide for effective management and operation of the system and shall include the following:

(a) Documentation that the applicant has the legal right and authority to take the measures necessary for the construction, operation, and maintenance of the system. The documentation shall include evidence of ownership if the applicant is the owner of the system or, if the applicant is not the owner, legally enforceable management contracts or agreements;

(b) An operating plan that describes the tasks to be performed in managing and operating the system. The operating plan shall consist of administrative and management organization charts, plans for staffing the system with certified operators, and provisions for an operations and maintenance manual as set forth in § 74:04:09:09; and

(c) Documentation of credentials of management and operations personnel and cooperative agreements or service contracts, including demonstration of compliance with SDCL chapter 34A-3 pertaining to water supply and treatment system operators; and

(3) Financial plan. The financial plan shall describe the system's revenues, cash flow, income and debt for meeting the costs of construction, and the costs of operation and maintenance for at least five years from the date the applicant expects to begin system operation.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:09 Operations and maintenance manual

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:10 Facilities plan and operations and maintenance manual to be prepared by competent persons

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:11 Sample results from the water source required

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:12 When to apply for a certificate of approval

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:13 Complete application

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:14 Technical, managerial, and financial capacity review

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:15 New water system capacity approval

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:16 Construction schedule

The applicant shall submit a construction schedule to the department stating when construction activities are expected to begin and end.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:17 Pre-construction meeting

The department may require a pre-construction meeting with the owner and manager of the water system.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:18 Construction inspections

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:19 Official plans and specifications filed

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:20 Notice of completion

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:21 Issuance of a certificate of approval

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:22 Transfer of a certificate of approval

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 1-40-27, 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:23 Certificate of approval validity

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.

History

Source: 25 SDR 75, effective November 18, 1998.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25.

ARSD 74:04:09:24 Procedure for denial or revocation and appeal of denial or revocation of certificate of approval

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.

History

Source: 25 SDR 75, effective November 18, 1998.
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.

Chapter 74:04:10 Consumer confidence reports for drinking water quality, Repealed

ARSD 74:04:10 Repealed chapter

CHAPTER 74:04:10

CONSUMER CONFIDENCE REPORTS FOR DRINKING WATER QUALITY

(Repealed. 31 SDR 63, effective November 9, 2004)

Chapter 74:04:11 Sanitary surveys

ARSD 74:04:11:01 Definitions

Terms used in this chapter mean:

(1) "Community water system," "CWS," a public water system that 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 or pretreatment storage facilities not under such control that are used primarily in connection with the system;

(2) "Department," the Department of Agriculture and Natural Resources;

(3) "Groundwater under the direct influence of surface water," "GWUDISW," any water beneath the surface of the ground with a significant occurrence of insects, macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium , or significant and relatively rapid shifts in water quality characteristics such as turbidity, temperature, conductivity, or pH that closely correlate to climatological or surface water conditions. The department makes a GWUDISW determination based on site-specific water quality measurements and information specific to the water source and geology;

(4) "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;

(5) "Significant deficiency," any defect in a system’s design components, operation, maintenance, or administration, as well as any failure or malfunction of any system component, that the department determines to cause, or have the potential to cause, an unacceptable risk to public health or that could affect the reliable delivery of safe drinking water;

(6) "Sanitary survey," an onsite review of the water source, facilities, equipment, operation, maintenance, and monitoring compliance of a public water system for the purpose of evaluating the adequacy of the drinking water system, its source, treatment, and distribution, to produce and distribute a reliable and safe supply of drinking water;

(7) "Transient noncommunity water system," "TWS," a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year; and

(8) "Type H systems," public water systems owning a surface water or groundwater under the direct influence of a surface water source that is subject to the requirements of § 74:04:12:22;

(9) "Type S systems," public water systems that use groundwater. Type S systems do not include public water systems that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water before treatment as a Type H system. Type S systems include consecutive systems receiving finished groundwater.

History

Source: 29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:11:02 Sanitary surveys -- General

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.

History

Source: 29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:11:03 Sanitary survey components

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.

History

Source: 29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:11:04 Significant deficiency -- Response by system

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.

History

Source: 29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:11:05 Significant deficiency -- Violation by system

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.

History

Source: 29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-3, 34A-3A-25(4), 34A-3A-26.

Chapter 74:04:12 Drinking Water Standards

ARSD 74:04:12:01 Definitions

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 Agriculture 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 Agriculture 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 Agriculture 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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3.

ARSD 74:04:12:02 Public water systems subject to provisions of this chapter

All public water systems shall meet the requirements of this chapter unless specifically exempted under SDCL 34A-3A-14.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-14.

ARSD 74:04:12:03 Variances and exemptions

The requirements for variances and exemptions found in 40 C.F.R. § 141.4 (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-14.

ARSD 74:04:12:04 General monitoring requirements

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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:05 Initial monitoring

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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:06 Reliably and consistently less than the maximum contaminant level

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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:07 Subpart B -- Maximum contaminant levels for chemicals

The maximum contaminant levels for chemicals found in 40 C.F.R. Part 141 Subpart B (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(1).

ARSD 74:04:12:08 Subpart C -- Monitoring and analytical requirements

The monitoring and analytical requirements found in 40 C.F.R. Part 141 Subpart C (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(1).

ARSD 74:04:12:09 Monitoring and analytical requirements -- Certified laboratories

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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:10 Repealed

Waiver of time limit for total coliform sampling.** Repealed.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.

ARSD 74:04:12:11 Repealed

Waiver of requirement to take five routine samples the month after a total coliform positive sample.** Repealed.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.

ARSD 74:04:12:12 Repealed

Invalidation of total coliform samples.** Repealed.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.

ARSD 74:04:12:13 IOCs -- Waivers for monitoring

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, 2009). 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

(4) The decision by the department to grant a waiver must 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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:14 Asbestos -- Waivers for monitoring

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;

(2) A system that is granted a waiver is not required to sample for asbestos while the waiver is in effect;

(3) The waiver remains in effect until the completion of the compliance cycle. A system must reapply for a waiver for each subsequent compliance cycle; and

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:15 SOCs -- Waivers for monitoring

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;

(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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:16 VOCs -- Waivers for monitoring

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;

(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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:17 Subpart D -- Reporting and recordkeeping

The reporting and recordkeeping requirements found in 40 C.F.R. Part 141 Subpart D (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:18 Reports and recordkeeping by the department

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).

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:19 Subpart E -- Special regulation monitoring requirements

The monitoring requirements for special regulations found in 40 C.F.R. Part 141 Subpart E (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:20 Subpart F -- Maximum contaminant level goals and maximum residual disinfection level goals

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:21 Subpart G -- Maximum contaminant levels and maximum residual disinfectant levels

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-(2).

ARSD 74:04:12:22 Subpart H -- Filtration and disinfection

The filtration and disinfection requirements found in 40 C.F.R. Part 141 Subpart H (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:23 Distribution system residual disinfectant concentration sampling plans for systems that also use groundwater

Distribution system residual disinfection concentration sampling plans for systems that also use groundwater.** 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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: 34A-3A-3.
Law Implemented: 34A-3A-3(2).

ARSD 74:04:12:24 Subpart I -- Control of lead and copper

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).

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(1).

ARSD 74:04:12:25 Control of lead and copper -- Designation of optimal corrosion control

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).

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:26 Subpart J - Use of non-centralized treatment devices

Subpart J -- Use of non-centralized treatment devices.** 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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:27 Subpart K -- Treatment techniques for acrylamide and epichlorohydrin

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:28 Subpart L -- Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors

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).

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:29 Approved use of DPD colorimetric test kit

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:30 Subpart P -- Enhanced filtration and disinfection -- Systems serving 10,000 or more people

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:31 Enhanced filtration and disinfection -- Composite correction program requirements

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.

Cross Reference: Sanitary surveys, ch 74:04:11.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2), 34A-3A-4(3).

ARSD 74:04:12:32 Subpart Q -- Public notification of drinking water violation

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).

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:33 Public notification of drinking water violation -- Violation categories and other situations

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:34 Public notification of drinking water violation -- Who must be notified -- Special circumstances

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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2), 34A-3A-12.

ARSD 74:04:12:35 Public notification of drinking water violation -- Tier 1 public notice -- Frequency

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2), 34A-3A-12.

ARSD 74:04:12:36 Public notification of drinking water violation -- Tier 1 public notice -- Form and manner

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.

History

Source: 31 SDR 21, effective August 24, 2004.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:37 Public notification of drinking water violation -- Additional Tier 2 public notice categories

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.

History

Source: 31 SDR 21, effective August 24, 2004; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:38 Public notification of drinking water violation -- Public notification made by department

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.

History

Source: 31 SDR 21, effective August 24, 2004; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:39 Public notification of drinking water violation -- Reports and recordkeeping by department

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).

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:40 Subpart T -- Enhanced filtration and disinfection -- Systems serving fewer than 10,000 people

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.

History

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:41 Subpart O -- Consumer confidence reports

The requirements for consumer confidence reports found in 40 C.F.R. Part 141 Subpart O (July 1, 2018) are hereby incorporated by reference.

History

Source: 31 SDR 63, effective November 9, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:12:42 Consumer confidence reports -- Governor's waiver

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.

History

Source: 31 SDR 63, effective November 9, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:12:43 Consumer confidence reports -- Reports available from department

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.

History

Source: 31 SDR 63, effective November 9, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:12:44 Consumer confidence reports -- Recordkeeping by department

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.

History

Source: 31 SDR 63, effective November 9, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:12:45 Consumer confidence reports -- Reporting of violations

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).

History

Source: 31 SDR 63, effective November 9, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).

ARSD 74:04:12:46 Subpart S -- Ground water rule

The requirements for groundwater found in 40 C.F.R. Part 141 Subpart S (July 1, 2018) are hereby incorporated by reference.

History

Source: 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:47 Subpart U -- Initial distribution system evaluations

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.

History

Source: 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:48 Subpart V -- Stage 2 disinfection byproducts requirements

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.

History

Source: 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:49 Subpart W -- Enhanced treatment for cryptosporidium

Subpart W -- Enhanced treatment for cryptosporidium .** 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.

History

Source: 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

ARSD 74:04:12:50 Subpart Y -- Revised total coliform rule

74 : 04 : 12 : 50 . Subpart Y - - Revised total coliform rule. 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.

History

Source: 45 SDR 159, effective July 1, 2019.
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).

Chapter 74:04:13 Bottled Drinking Water

ARSD 74:04:13:01 Bottled water quality and labeling requirements

Bottled water quality standards and labeling requirements found in Title 21 C.F.R. Subpart B § 165.110 are hereby incorporated by reference.

History

Source: 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 39-1-4, 39-1-5.
Law Implemented: SDCL 39-1-4, 39-1-5.

ARSD 74:04:13:02 Processing and bottling of drinking water

Processing procedures and bottling of drinking water found in Title 21 C.F.R. Part 129 are hereby incorporated by reference.

History

Source: 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 39-1-4, 39-1-5.
Law Implemented: SDCL 39-1-4, 39-1-5.

ARSD 74:04:13:03 Plants subject to regulation

This chapter only applies to plants which process bottled water in South Dakota.

History

Source: 42 SDR 97, effective January 4, 2016.
General Authority: SDCL 39-1-4, 39-1-5.
Law Implemented: SDCL 39-1-4, 39-1-5.

ARSD 74:04:13:04 Reporting requirements

Bottled water facilities will follow compliance procedures and maintain records as per Title 21 C.F.R. Part 129.3 (g) and (h). If the bottled drinking water does not meet the quality standard as established in Title 21 C.F.R. Subpart B Section 165.110 (b) the Department of Agriculture and Natural Resources will be notified by the bottler within 24 hours of receiving the laboratory results.

History

Source: 42 SDR 97, effective January 4, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 39-1-4, 39-1-5.
Law Implemented: SDCL 39-1-4, 39-1-5.

ARSD 74:04:13:05 Inspection and enforcement

Bottled water facilities shall be periodically inspected by the Department of Agriculture and Natural Resources. Inspections will be arranged a minimum of 24 hours in advance and will be conducted during normal business hours. Enforcement of bottled drinking water regulations shall conform to 34A-3A-28.

History

Source: 42 SDR 97, effective January 4, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 39-1-4, 39-1-5.
Law Implemented: SDCL 39-1-4, 39-1-5.