South Dakota Administrative Code

Rule 74:04:09:06 Documentation requirements for demonstration of adequate technical, managerial, and financial capacity. 74:04:09:06. Documentation requirements for demonstration of adequate technical, managerial, and financial capacity. New water systems must submit the followin…

Rule 74:04:09:07 New water system application requirements. 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 t…

Rule 74:04:09:08 Business plan requirements. 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 s…

Rule 74:04:09:09 Operations and maintenance manual. 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 le…

Rule 74:04:09:10 Facilities plan and operations and maintenance manual to be prepared by competent persons. 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 pr…

Rule 74:04:09:11 Sample results from the water source required. 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 …

Rule 74:04:09:12 When to apply for a certificate of approval. 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…

Rule 74:04:09:13 Complete application. 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 ne…

Rule 74:04:09:14 Technical, managerial, and financial capacity review. 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 tech…

Rule 74:04:09:15 New water system capacity approval. 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…

Rule 74:04:09:16 Construction schedule. 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. Source: 25 SDR 75, effective November 18, 1998. General Authority: …

Rule 74:04:09:17 Pre-construction meeting. 74:04:09:17. Pre-construction meeting. The department may require a pre-construction meeting with the owner and manager of the water system. Source: 25 SDR 75, effective November 18, 1998. General Authority: SDCL 34A-3A-25. Law Implement…

Rule 74:04:09:18 Construction inspections. 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. Source…

Rule 74:04:09:19 Official plans and specifications filed. 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 e…

Rule 74:04:09:20 Notice of completion. 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.…

Rule 74:04:09:21 Issuance of a certificate of approval. 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 servi…

Rule 74:04:09:22 Transfer of a certificate of approval. 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 no…

Rule 74:04:09:23 Certificate of approval validity. 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, …

Rule 74:04:09:24 Procedure for denial or revocation and appeal of denial or revocation of certificate of approval. 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 cert…

Rule 74:04:11:01 Definitions. 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 t…

Rule 74:04:11:02 Sanitary surveys -- General. 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 pub…

Rule 74:04:11:03 Sanitary survey components. 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;…

Rule 74:04:11:04 Significant deficiency -- Response by system. 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 t…

Rule 74:04:11:05 Significant deficiency -- Violation by system. 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 sa…

Rule 74:04:12:01 Definitions. 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 conta…

Rule 74:04:12:02 Public water systems subject to provisions of this chapter. 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. Source: 31…

Rule 74:04:12:03 Variances and exemptions. 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. Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective Janu…

Rule 74:04:12:04 General monitoring requirements. 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 an…

Rule 74:04:12:05 Initial monitoring. 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 quarte…

Rule 74:04:12:06 Reliably and consistently less than the maximum contaminant level. 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…

Rule 74:04:12:07 Subpart B -- Maximum contaminant levels for chemicals. 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. Sour…

Rule 74:04:12:08 Subpart C -- Monitoring and analytical requirements. 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. Source: 31…

Rule 74:04:12:09 Monitoring and analytical requirements -- Certified laboratories. 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, …

Rule 74:04:12:10 Repealed. 74:04:12:10. Waiver of time limit for total coliform sampling. Repealed. Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.

Rule 74:04:12:11 Repealed. 74:04:12:11. Waiver of requirement to take five routine samples the month after a total coliform positive sample. Repealed. Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.

Rule 74:04:12:12 Repealed. 74:04:12:12. Invalidation of total coliform samples. Repealed. Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010; 45 SDR 159, effective July 1, 2019.

Rule 74:04:12:13 IOCs -- Waivers for monitoring. 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. §§…

Rule 74:04:12:14 Asbestos -- Waivers for monitoring. 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…

Rule 74:04:12:15 SOCs -- Waivers for monitoring. 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 …

Rule 74:04:12:16 VOCs -- Waivers for monitoring. 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) m…

Rule 74:04:12:17 Subpart D -- Reporting and recordkeeping. 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. Source: 31 SDR 21, effective A…

Rule 74:04:12:18 Reports and recordkeeping by the department. 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. §…

Rule 74:04:12:19 Subpart E -- Special regulation monitoring requirements. 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 refe…

Rule 74:04:12:20 Subpart F -- Maximum contaminant level goals and maximum residual disinfection level goals. 74:04:12:20. Subpart F -- Maximum contaminant level goals and maximum residual disinfection level goals. The maximum contaminant level goals and maximum residual disinfect…

Rule 74:04:12:21 Subpart G -- Maximum contaminant levels and maximum residual disinfectant levels. 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.…

Rule 74:04:12:22 Subpart H -- Filtration and disinfection. 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. Source: 31 SDR 21, effective A…

Rule 74:04:12:23 Distribution system residual disinfectant concentration sampling plans for systems that also use groundwater. 74:04:12:23. Distribution system residual disinfection concentration sampling plans for systems that also use groundwater. The residual disinfectant conc…

Rule 74:04:12:24 Subpart I -- Control of lead and copper. 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 …

Rule 74:04:12:25 Control of lead and copper -- Designation of optimal corrosion control. 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 d…

Rule 74:04:12:26 Subpart J - Use of non-centralized treatment devices. 74:04:12:26. 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…