Drinking Water Regulations

 red faucet  

 Drinking Water News:

 
 

The drinking water program is revising applicable sections of the Administrative Rules of South Dakota (ARSD)to coincide with current federal requirements of the Safe Drinking Water Act. New rules added to the drinking water standards include the Ground Water Rule (GWR), Stage 2 Disinfection Byproduct Requirements (Stage 2 DBP), and Long Term 2 Enhanced Surface Water Treatment Rule (LT2). Additionally, minor revisions to the Lead and Copper Rule as well as updating the references to the most recently published code of federal regulations are being proposed.

 

To accomplish these administrative rule revisions, two separate rule making processes are being done concurrently. The changes proposed for ARSD 74:04:12, Drinking Water Standards, are addressed in South Dakota Codified Law (SDCL) 34A-3A-3 and are promulgated through the authority of the Water Management Board. The changes in the Drinking Water Standards also require minor revisions to ARSD 74:04:11, Sanitary Surveys; and ARSD 74:04:12:41-45, Consumer Confidence Reports. These two rules are addressed in SDCL 34A-3A-25 and are promulgated through the authority of the Secretary of the Department of Environment and Natural Resources (DENR).

 

Federal Drinking Water Regulations:

 

South Dakota adopts the federal regulations through a process of incorporation by reference. The federal regulations that are being incorporated by reference can be accessed through the following links:

 

40 C.F.R. PART 141 – NATIONAL PRIMARY DRINKING WATER REGULATIONS

South Dakota Codified  Laws
   

Chapter 34A-3A    Safe Drinking Water
   
34A-3A-1. Public policy.
34A-3A-2. Definitions.
34A-3A-3. Rules establishing standards and enforcement procedures -- Civil penalty for violation.
34A-3A-4. Enforcement powers of secretary.
34A-3A-5. Variances of standards -- Grounds for authorizing
34A-3A-6. Exemption of public water supply systems -- Requirements.
34A-3A-7. Action for variance or exemption -- Notice -- Hearing.
34A-3A-8. Notice to consumers of failure to meet standards.
34A-3A-9. Time, manner and frequency of notice of failure to meet standards.
34A-3A-10. Contents of notice of failure to meet standards.
34A-3A-11. Notice by system not serving year-round residents.
34A-3A-12. Notice of variance, exemption or violation of compliance schedule.
34A-3A-13. Notice by secretary on failure of supplier.
34A-3A-14. Application to public water systems.
34A-3A-15. Injunctive and declaratory relief.
34A-3A-16. Approval and certification of laboratory facilities and personnel.
34A-3A-17. Prevention of pollution of water supply systems -- Development of voluntary wellhead protection program -- Specifications.
34A-3A-18. Water quality sample collected upon completion of well -- Submission to department -- Time period -- Minimum analyzation requirements.
34A-3A-19. State administration of the public water system supervision program -- Imposition of fee.
34A-3A-20. Annual fee schedule for public water systems.
34A-3A-21. Expenditures for initial lead and copper monitoring in drinking water.
34A-3A-22. Establishment of the drinking water administrative subfund -- Source of subfund -- Administration -- Expenditures -- Unexpended funds.
34A-3A-23. Obligation to pay fee imposed on public drinking water system -- Date due.
34A-3A-24. Certain animal feeding operations prohibited from locating over shallow aquifer.
34A-3A-25. Public water systems to meet requirements of Safe Drinking Water Act -- Promulgation of rules -- Violations.
34A-3A-26. Penalties for violation of chapter -- Factors considered in determining penalty -- Disposition of funds collected.
34A-3A-27. Administrative order assessing penalty -- Contents of order -- Uncontested order becomes judgment -- Hearing on order.
34A-3A-28. Administrative penalty for violation of chapter.
   

Administrative Rules
 

Federal Safe Drinking Water Act
 
On August 6, 1996, former President Clinton signed the Federal Safe Drinking Water Act (SDWA) Amendments of 1996. The 1996 Amendments emphasize sound science and risk-based standard setting, small water supply system flexibility and technical assistance, source water protection, consumer awareness/right-to-know, and water system infrastructure assistance through a Drinking Water State Revolving Fund.
 
Below is a list of project areas included in the 1996 amendments.  Each area will be updated as necessary.