Title 34A — ENVIRONMENTAL PROTECTION

All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in …

All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding to the c…

There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and N…

34A-3-7 Terms of office of appointive members of board. 34A-3-8 Vacancy in appointive membership--Termination of membership. 34A-3-9 Chairman and officers of board--Secretary. 34A-3-10

The appointed members' terms of office on the board shall be three years and until their successors are selected and qualified. Source: SL 1970, ch 217 , § 6; SDCL Supp, § 36-22A-6.

If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of Sou…

Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote. Source: SL 1970, ch 217 , § 7; SDCL Supp, …

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.

If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area m…

If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken. Source: SL 1947, ch 226 , § 10; …

If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against the sanitar…

The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of t…

Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic. Source: SL 1947, ch 226 , § 17; SDC Supp 1960, § 45.3817; SDCL § 34-17-14; SL 2011, ch 165 , § 88.

Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section. If a sanita…

34A-5-16 Number and terms of office of district trustees--Inspectors' certificate as to persons elected. 34A-5-17 Election on increase in number of trustees. 34A-5-18 Notice of election--Separate ballots. 34A-5-19 Election of additional trustees if increase approved--Terms of off…

There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall …

The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election. Source: SL 1975, ch 220 , § 1; SDCL Supp, § 34-17-16.1.

The board of trustees shall give notice pursuant to § 6-16-4 of the election provided for in §

If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three - year term and one additional trustee for a two - year term at the next regular election and the trustees shall be certified in t…

No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district. Source: SL 1947, ch 226 , § 3; SDC Supp 1960, § 45.3803; S…

Each sanitary district shall annually elect officers on any Tuesday in the month following the anniversary date of the first election. The board of trustees shall designate a location in the district where the election shall be held. If one or more of the corporate bodies making …

Any trustee to be elected at the initial election shall be nominated by any person in attendance at the meeting at which the organizational election is held. Any trustee to be elected at a subsequent election shall be nominated by filing with the district clerk, not more than for…

If a vacancy occurs on a sanitary district board of trustees, the remaining members shall appoint a replacement to serve the remainder of such term. Source: SL 1984, ch 245 ; SL 1990, ch 284 , § 3.

To serve as a trustee of a sanitary district that has one hundred or more residents, the person shall be a resident of the sanitary district. To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district o…

The board of trustees shall publish a notice in the official newspaper of the sanitary district setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may b…

The members of the board of trustees shall organize by electing one of the members to serve as president. The president shall preside over all meetings of the board and shall call all special meetings of the board if the president or a majority of the board deems such a meeting n…

Each sanitary district board of trustees shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigation…