South Dakota Administrative Code

Rule 74:04:12:27 Subpart K -- Treatment techniques for acrylamide and epichlorohydrin. 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) a…

Rule 74:04:12:28 Subpart L -- Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors. 74:04:12:28. Subpart L -- Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors. The requirements for disinfectant residuals, dis…

Rule 74:04:12:29 Approved use of DPD colorimetric test kit. 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 additio…

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

Rule 74:04:12:31 Enhanced filtration and disinfection -- Composite correction program requirements. 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) shal…

Rule 74:04:12:32 Subpart Q -- Public notification of drinking water violation. 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…

Rule 74:04:12:33 Public notification of drinking water violation -- Violation categories and other situations. 74:04:12:33. Public notification of drinking water violation -- Violation categories and other situations. Other violations and situations determined by the department t…

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

Rule 74:04:12:35 Public notification of drinking water violation -- Tier 1 public notice -- Frequency. 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 i…

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

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

Rule 74:04:12:38 Public notification of drinking water violation -- Public notification made by department. 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…

Rule 74:04:12:39 Public notification of drinking water violation -- Reports and recordkeeping by department. 74:04:12:39. Public notification of drinking water violation -- Reports and recordkeeping by department. The department shall maintain records of public notices and certif…

Rule 74:04:12:40 Subpart T -- Enhanced filtration and disinfection -- Systems serving fewer than 10,000 people. 74:04:12:40. Subpart T -- Enhanced filtration and disinfection -- Systems serving fewer than 10,000 people. The requirements for enhanced filtration and disinfection fo…

Rule 74:04:12:41 Subpart O -- Consumer confidence reports. 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. Source: 31 SDR 63, effecti…

Rule 74:04:12:42 Consumer confidence reports -- Governor's waiver. 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. Qualif…

Rule 74:04:12:43 Consumer confidence reports -- Reports available from department. 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 publ…

Rule 74:04:12:44 Consumer confidence reports -- Recordkeeping by department. 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 …

Rule 74:04:12:45 Consumer confidence reports -- Reporting of violations. 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, 201…

Rule 74:04:12:46 Subpart S -- Ground water rule. 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. Source: 36 SDR 111, effective January 11, 2010; 45 SDR 159, ef…

Rule 74:04:12:47 Subpart U -- Initial distribution system evaluations. 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 r…

Rule 74:04:12:48 Subpart V -- Stage 2 disinfection byproducts requirements. 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…

Rule 74:04:12:49 Subpart W -- Enhanced treatment for cryptosporidium. 74:04:12:49. 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 refe…

Rule 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. Source: 45 SDR 159, eff…

Rule 74:04:13:01 Bottled water quality and labeling requirements. 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. Source: 42 …

Rule 74:04:13:02 Processing and bottling of drinking water. 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. Source: 42 SDR 97, effective January 4,…

Rule 74:04:13:03 Plants subject to regulation. 74:04:13:03. Plants subject to regulation. This chapter only applies to plants which process bottled water in South Dakota. Source: 42 SDR 97, effective January 4, 2016. General Authority: SDCL 39-1-4, 39-1-5. Law Implemented: SDCL 3…

Rule 74:04:13:04 Reporting requirements. 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 establi…

Rule 74:04:13:05 Inspection and enforcement. 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 conduct…

Rule 74:05:05:01 Definitions. 74:05:05:01. Definitions. Words defined in SDCL 46A-2-4 have the same meaning when used in this chapter. Source: 11 SDR 72, effective November 25, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 36 SDR 208, effective June 29, 2010. General Auth…

Rule 74:05:05:02 Repealed. 74:05:05:02. Eligibility requirements for rural director candidates outside three-mile limit. Repealed. Source: 11 SDR 72, effective November 25, 1984; 12 SDR 170, effective May 1, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 2…

Rule 74:05:05:03 Repealed. 74:05:05:03. Eligibility requirements for municipal director candidates within three-mile limit. Repealed. Source: 11 SDR 72, effective November 25, 1984; 12 SDR 170, effective May 1, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SD…

Rule 74:05:05:04 Repealed. 74:05:05:04. Eligibility requirements for persons residing but not owning property within three-mile limit. Repealed. Source: 11 SDR 72, effective November 25, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29…

Rule 74:05:05:05 Voter eligibility. 74:05:05:05. Voter eligibility. Only registered voters residing within a director area may vote in water development district elections. Source: 11 SDR 72, effective November 25, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987. General Aut…

Rule 74:05:05:06 Repealed. 74:05:05:06. Land ownership and residency questionnaire.Repealed. Source: 11 SDR 72, effective November 25, 1984; repealed, 12 SDR 170, effective May 1, 1986.

Rule 74:05:05:07 Repealed. 74:05:05:07. Immediate family members. Repealed. Source: 11 SDR 72, effective November 25, 1984; 12 SDR 170, effective May 1, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29, 2010.

Rule 74:05:05:08 Repealed. 74:05:05:08. Eligibility of shareholders and partners. Repealed. Source: 11 SDR 72, effective November 25, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29, 2010.

Rule 74:05:05:09 Repealed. 74:05:05:09. Ownership under contract for deed. Repealed. Source: 11 SDR 72, effective November 25, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29, 2010.

Rule 74:05:05:10 Repealed. 74:05:05:10. Joint ownership of real property. Repealed. Source: 11 SDR 72, effective November 25, 1984; 12 SDR 170, effective May 1, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29, 2010.

Rule 74:05:05:11 Nominating petition forms. 74:05:05:11. Nominating petition forms. Petitions for the nomination of water development district directors for the initial election shall be on forms provided by the Department of Agriculture and Natural Resources. Source: 11 SDR 72, …

Rule 74:05:05:12 Repealed. 74:05:05:12. Staggered terms and ballot position. Repealed. Source: 11 SDR 72, effective November 25, 1984; 12 SDR 170, effective May 1, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29, 2010.

Rule 74:05:05:13 Repealed. 74:05:05:13. Determination of three-mile limit. Repealed. Source: 11 SDR 72, effective November 25, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 36 SDR 208, effective June 29, 2010.

Rule 74:05:05:14 Election precincts, polling places, and officials. 74:05:05:14. Election precincts, polling places, and officials. The election precincts and polling places for purposes of the initial election of water development district directors are those established, design…

Rule 74:05:05:15 Publication of notice. 74:05:05:15. Publication of notice. Notice of vacancy for the initial election of water development district directors shall be published pursuant to SDCL 46A-3B-6 in a newspaper selected by the Department of Agriculture and Natural Resourc…

74:05:05:16. James River water development district director areas. The director areas of the James River water development district are as follows: (1) Director 1: representing Aberdeen voting districts 1, 2, 3, 4, and 7; those portions of voting district 12 East Aberdeen Townsh…

74:05:05:17. Central Plains water development district director areas. The director areas of the Central Plains water development district are as follows: (1) Director 1: representing Pierre Voting Districts 26, 32, 33, and voting district 28 north of Capitol Avenue and east of H…

74:05:05:18. South Central water development district director areas. The director areas of the South Central water development district are as follows: (1) Director 1: representing all of Gregory County; Iona township in Lyman County; Black Dog Unorganized Territory in Lyman Cou…

74:05:05:19. West River water development district director areas. The director areas of the West River water development district are as follows: (1) Director 1: representing all of Haakon County; Rainy Creek/Cheyenne, Sunnyside, Ash, Cedar Butte, Huron, and Peno townships in Pe…

74:05:05:20. East Dakota water development district director areas. The director areas of the East Dakota water development district are as follows: (1) Director 1: representing all of Codington and Grant Counties; (2) Director 2: representing all of Moody County; the cities of B…

74:05:05:21. West Dakota water development district director areas. The director areas of the West Dakota water development district are as follows: (1) Director 1: representing Pennington County precincts 4-1, 5-1, 5-3, and 5-5; (2) Director 2: representing Pennington County pre…