South Dakota Administrative Code

Rule 74:02:08:07.03 Design requirements for category 1 tailings dams. 74:02:08:07.03. Design requirements for category 1 tailings dams. Dams constructed to store, without discharge, tailings as defined by 45-6B-3 (14) shall be sized to retain the PMF plus at least a 100-year floo…

Rule 74:02:08:07.04 Design requirements for dams constructed without spillways. 74:02:08:07.04. Design requirements for dams constructed without spillways. Dams which are designed and constructed without spillways and constructed so that there is no external drainage into the fac…

Rule 74:02:08:08 Additional design requirements. 74:02:08:08. Additional design requirements. In addition to the minimum spillway design flood requirements of § 74:02:08:07, all new category 1 and 2 dams must have low-level drawdown facilities. If an existing category 1 or 2 dam …

Rule 74:02:08:09 Contents of plans and specifications. 74:02:08:09. Contents of plans and specifications. Minimum plans and specifications submitted to the chief engineer for review must include the following: (1) A topographic map of the dam site specifying the legal description…

Rule 74:02:08:10 Emergency preparedness plan. 74:02:08:10. Emergency preparedness plan. An EPP shall be prepared by the owner for all existing category 1 dams and submitted to the chief engineer for approval prior to January 1, 1988. Source: 13 SDR 49, effective October 27, 1986;…

Rule 74:02:08:11 Periodic inspection program. 74:02:08:11. Periodic inspection program. The chief engineer may inspect all category 1 dams at least once every five years or as often as necessary in order to ensure the continued safety of a dam. Source: 13 SDR 49, effective Octobe…

Rule 74:02:09:01 Definitions. 74:02:09:01. Definitions. Terms defined in SDCL 34A-2A-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "Check valve," a device that provides a positive (absolute) closure which prohibits the flow o…

Rule 74:02:09:02 Requirements for chemigation users. 74:02:09:02. Requirements for chemigation users. Persons applying any chemical through an irrigation system shall do the following for each system: (1) Provide the following information to the chief engineer prior to using chem…

Rule 74:02:09:03 Required mechanical devices -- Specifications. 74:02:09:03. Required mechanical devices -- Specifications. Any irrigation distribution system, except an open discharge system as provided in § 74:02:09:04, through which chemigation is performed shall be equipped w…

Rule 74:02:09:04 Open discharge systems exempted. 74:02:09:04. Open discharge systems exempted. The provisions of § 74:02:09:03 do not apply to an open discharge system. An open discharge system is an irrigation pump discharge with an air gap. An air gap is a physical separation …

Rule 74:02:09:05 Irrigation pipeline check valve. 74:02:09:05. Irrigation pipeline check valve. The irrigation pipeline check valve shall be located in the pipeline between the irrigation pump and the point of chemical injection into the irrigation pipeline, as illustrated in App…

Rule 74:02:09:06 Vacuum relief valve. 74:02:09:06. Vacuum relief valve. The vacuum relief valve shall be located on the top of the pipeline between the irrigation pump and the irrigation pipeline check valve, as illustrated in Appendix A at the end of this chapter. The valve shal…

Rule 74:02:09:07 Automatic low pressure drain. 74:02:09:07. Automatic low pressure drain. The low-pressure drain shall be located on the bottom of the horizontal pipeline between the irrigation pump and the irrigation pipeline check valve, as illustrated in Appendix A at the end …

Rule 74:02:09:08 Chemical injection line check valve. 74:02:09:08. Chemical injection line check valve. The chemical injection line check valve shall be located between the point of chemical injection into the irrigation pipeline and the chemical injection pump, as illustrated in…

Rule 74:02:09:09 Functional systems interlock. 74:02:09:09. Functional systems interlock. The irrigation pump and the chemical injection pump shall be interlocked so that if the irrigation pump stops, the injection pump will also stop. Source: 15 SDR 81, 15 SDR 84, effective Nove…

Rule 74:02:09:10 Inspection port. 74:02:09:10. Inspection port. The inspection port shall be located on the pipeline between the irrigation pump and the irrigation pipeline check valve, as illustrated in Appendix A at the end of the chapter. The vacuum relief valve connection may…

Rule 74:02:09:11 Maintenance of equipment. 74:02:09:11. Maintenance of equipment. The operator of the irrigation system shall keep the system in good operating condition and shall ensure that the chemigation and safety equipment is operating properly before injecting chemical int…

Rule 74:02:09:12 Calibration. 74:02:09:12. Calibration. The operator of the irrigation system shall calibrate the system prior to starting the injection of chemical into the irrigation system. Source: 15 SDR 81, 15 SDR 84, effective November 27, 1988. General Authority: SDCL 34A-…

Rule 74:02:09:13 Product label. 74:02:09:13. Product label. The operator of the system shall follow all requirements on the chemical product label. Source: 15 SDR 81, 15 SDR 84, effective November 27, 1988. General Authority: SDCL 34A-2A-3. Law Implemented: SDCL 34A-2A-2, 34A-2A-…

Rule 74:02:09:14 Posting. 74:02:09:14. Posting. The operator shall post warning signs as specified on the label of the chemical product being used at the time of application. Source: 15 SDR 81, 15 SDR 84, effective November 27, 1988. General Authority: SDCL 34A-2A-3. Law Implemen…

Rule 74:02:09:15 Reporting of spills, accidents, and system malfunctions. 74:02:09:15. Reporting of spills, accidents, and system malfunctions. The operator of a chemigation system shall report immediately to the chief engineer through the South Dakota division of emergency manag…

Rule 74:02:09:16 Variance. 74:02:09:16. Variance. The operator of a chemigation system may request a variance from requirements of this chapter from the chief engineer when irrigation system engineering design problems are encountered. The chief engineer may grant a variance and …

Rule 74:02:10:01 Definitions. 74:02:10:01. Definitions. Terms defined in SDCL chapter 43-17 have the same meaning when used in this chapter. In addition, the term "gate" means a section of the fence, including switchbacks and other devices, that crosses a stream, as allowed by SD…

Rule 74:02:10:02 Landowner requirements. 74:02:10:02. Landowner requirements. Persons constructing or maintaining a fence across a navigable stream shall: (1) Provide the following information to the chief engineer: (a) The name, address, and telephone number of the landowner pro…

Rule 74:02:10:03 Gate specifications. 74:02:10:03. Gate specifications. The gate must have a minimum overhead clearance of 6 feet and a minimum opening that is 6 feet wide. The opening must be outlined with reflective or highly visible material. Fencing materials may be used to c…

74:02:10:04. Declaratory ruling on navigability. Repealed. Source: 18 SDR 59, effective September 29, 1991; SL 2016, ch 214, § 5, effective July 1, 2016.

74:02:10:05. Timely consideration by board. Repealed. Source: 18 SDR 59, effective September 29, 1991; SL 2016, ch 214, § 6, effective July 1, 2016.

74:02:10:06. Petitioner to publish notice. Repealed. Source: 18 SDR 59, effective September 29, 1991; SL 2016, ch 214, § 7, effective July 1, 2016.

74:02:10:07. Deletion of stream portions from streams listed in SDCL 43-17-38. Repealed. Source: 19 SDR 73, effective November 19, 1992; 20 SDR 53, effective October 20, 1993; 21 SDR 68, effective October 13, 1994; SL 2016, ch 214, § 8, effective July 1, 2016.

Rule 74:04:01:01 Definitions. 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) "D…

Rule 74:04:01:02 Written approval required to implement fluoridation. 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. Plan…

Rule 74:04:01:03 Required minimum fluoride levels. 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 conc…

Rule 74:04:01:04 Equipment construction, installation, and operation. 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 wit…

Rule 74:04:01:05 Daily testing requirements. 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 …

Rule 74:04:01:06 Samples shall be tested by a certified laboratory -- Frequency. 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…

Rule 74:04:01:07 Repealed. 74:04:01:07. Daily records required. Repealed. 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.

Rule 74:04:07:01 Definitions. 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 concentrat…

Rule 74:04:07:02 Requirements for laboratory certification. 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…

Rule 74:04:07:03 Requirements for certification. 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…

Rule 74:04:07:04 Criteria for revoking certification. 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…

Rule 74:04:07:05 Certification status of new laboratories. 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 admi…

Rule 74:04:07:06 Criteria for downgrading to provisional certification status. 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…

Rule 74:04:07:07 Procedure for revocation and appeal of revocation. 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 laborat…

Rule 74:04:07:08 Reinstatement of certification. 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 para…

Rule 74:04:07:09 Reciprocal certification. 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 EP…

Rule 74:04:09:01 Definitions. 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 …

Rule 74:04:09:02 Definition of new water system. 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 …

Rule 74:04:09:03 Compliance with capacity requirements. 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 consumptio…

Rule 74:04:09:04 Certificate of approval required for new water system operation. 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 provide…

Rule 74:04:09:05 Technical, managerial, and financial capacity criteria. 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) Fini…