Title 34A — ENVIRONMENTAL PROTECTION

It is hereby declared to be the public policy of the state to achieve and maintain safe drinking water for the public which will protect human health and safety and prevent the creation of public nuisances. To these ends it is the purpose of this chapter to ensure that public wat…

If a variance or exemption is granted or if a compliance schedule contained in a variance or exemption is violated, public notification as required by § 34A-3A-3 shall be given by the supplier of water. Source: SL 1983, ch 260 , § 12; SL 1988, ch 285 , § 42.

Notice to the public required by this chapter may be given by the secretary on behalf of the supplier of water if the supplier of water fails to comply with the public notification requirements of this chapter. Source: SL 1983, ch 260 , § 13.

This chapter applies to each public water system unless the system consists only of distribution and storage facilities; obtains all of its water from, but is not owned or operated by a public water system to which this chapter applies; does not sell water to any person; and is n…

The secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court. Source: SL 1983, ch 260 , § 15; SL 1992, ch 158 , § 38.

The director of laboratories shall establish and carry out a program for approval and certification of laboratory facilities and personnel which conduct analytical measurements required by any rules promulgated pursuant to this chapter. Source: SL 1983, ch 260 , § 16.

The department shall develop procedures necessary to safeguard public health and welfare and prevent pollution of public water supply systems. The department shall develop a voluntary wellhead protection program which will specify the following: (1) Guidelines for a wellhead prot…

Following completion of any new well for domestic use, a water quality sample shall be collected and submitted to the Department of Health Laboratory or another laboratory approved by the department. If the well flows or if the well driller installs the pump, the well driller sha…

In order to safeguard the public health, safety, and welfare of this state through a customer service approach, the state shall retain administration of the public water system supervision program as provided in the Federal Safe Drinking Water Act as amended to January 1, 2011. I…

Terms used in this chapter mean: (1) "Area of influence," the area surrounding a pumping or recharging well within which the potentiometric surface or the water table has been changed; (2) "Board," the Water Management Board; (3) "Cone of depression," the shape of the area of inf…

There is hereby imposed an annual fee upon all public water systems under the provisions of section 1411 of the Federal Safe Drinking Water Act, 42 U.S.C. 300F et seq. as amended to January 1, 2011. The fee is assessed as follows: (1) For community water systems including municip…

There is hereby established in the environmental fee fund created in § 1-41-23 , the drinking water administrative subfund. This subfund shall consist of legislative appropriations, federal grants, gifts, civil penalties received for any drinking water standards violations, and f…

The obligation to pay the fee imposed by § 34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources…

No concentrated animal feeding operation that includes a number of animals equal to or greater than one thousand animal units may be located over a shallow aquifer unless a groundwater discharge permit has been approved in accordance with chapter 34A-2 . For purposes of this sect…

In order to carry out the requirements of the Federal Safe Drinking Water Act as amended to January 1, 2011, the secretary of agriculture and natural resources shall promulgate rules, pursuant to chapter 1-26 , establishing: (1) Procedures for a supplier of water to demonstrate t…

A violation of any provision of this chapter or any rule promulgated pursuant to this chapter is subject to an administrative penalty assessed by the secretary, after notice and opportunity for hearing, pursuant to chapter 1-26 . In the case of a public water system serving a pop…

A monetary penalty issued under § 34A-3A-26 shall be assessed against a violator by an administrative order of the secretary. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to…

Any violation of this chapter and the rules promulgated thereunder is subject to the administrative penalty provisions of §§ 34A-3A-26 and 34A-3A-27 and enforcement under §

The Water Management Board shall promulgate rules, pursuant to chapter 1-26 , establishing: (1) Safe drinking water standards with maximum contaminant levels necessary to protect public health and safety. No maximum contaminant level may be more stringent than those established u…

The secretary may: (1) Review and approve the location, design, plans, and specifications for the construction or modification of public water systems; (2) Conduct compliance investigations, including but not limited to, entering and inspecting systems and records of any supplier…

The secretary may authorize a variance from any maximum contaminant level established in § 34A-3A-3 if: (1) The raw water sources which are available to a specific system cannot meet the maximum contaminant level specified despite application of the best technology, treatment tec…

The secretary may exempt any public water supply system from any maximum contaminant level upon finding that: (1) Due to compelling factors, including economic, the public water system is unable to comply with the contaminant level. In assessing the compelling factors the secreta…

Action to consider a variance or exemption may be initiated by the secretary or by the owner of the supply through a formal request submitted to the secretary. Public notice and hearing on the application for a variance or exemption shall comply with the provisions of chapter 1-2…

Source: SL 1997, ch 210 , §§ 1, 2.