34A-3A-5. Variances of standards--Grounds for authorizing.
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 techniques, or other means which the secretary finds are generally and reasonably available, taking cost into consideration;
(2)The concentration of the contaminant or contaminants, for which the maximum contaminant level is exceeded by granting such variance, will not result in unreasonable risk to health;
(3)Within one year of the date of variance authorization, a schedule for compliance is issued and the owner of the supply agrees to implement the compliance schedule.
Source: SL 1983, ch 260, §5.
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.