34A-3A-25. Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation.
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 that a new system intended to be a public water system has the technical, managerial, and financial capacity to achieve and maintain compliance with all relevant local, state, and federal requirements;
(2)Procedures for the department to issue certificates of approval to new water suppliers once a technical, managerial, and financial capacity review, consistent with provisions of this chapter, is completed. The rules shall provide that a new system intended to be a public water system, after October 1, 1999, may not operate until it has been issued a certificate of approval;
(3)The development and implementation of a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with all relevant local, state, and federal requirements; and
(4)Such other rules as may be necessary to implement the provisions of the Federal Safe Drinking Water Act as amended to January 1, 2011, in a state drinking water program approved by the United States Environmental Protection Agency.
A violation of any rule adopted pursuant to this section is subject to the penalties provided for in §34A-3A-3.
Source: SL 1998, ch 217, §1; SL 2011, ch 165, §84; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 03A - Safe Drinking Water
Section 34A-3A-1 - Public policy.
Section 34A-3A-2 - Definitions.
Section 34A-3A-4 - Enforcement powers of secretary.
Section 34A-3A-5 - Variances of standards--Grounds for authorizing.
Section 34A-3A-6 - Exemption of public water supply systems--Requirements.
Section 34A-3A-7 - Action for variance or exemption--Notice--Hearing.
Section 34A-3A-12 - Notice of variance, exemption, or violation of compliance schedule.
Section 34A-3A-13 - Notice by secretary on failure of supplier.
Section 34A-3A-14 - Application to public water systems.
Section 34A-3A-15 - Injunctive and declaratory relief.
Section 34A-3A-16 - Approval and certification of laboratory facilities and personnel.
Section 34A-3A-19 - State administration of the public water system supervision program--Fee.
Section 34A-3A-20 - Annual fee schedule for public water systems.
Section 34A-3A-23 - Owner or operator to pay fee imposed on public drinking water system--Date due.
Section 34A-3A-24 - Certain animal feeding operations prohibited from locating over shallow aquifer.
Section 34A-3A-28 - Administrative penalty for violation of chapter.