34A-3A-6. Exemption of public water supply systems--Requirements.
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 secretary shall consider such factors as construction, installation, or modification of treatment equipment or systems, and the time needed to replace an existing noncomplying facility with a new treatment system;
(2)The public water system was in operation on the effective date of the maximum contaminant level regulations;
(3)The granting of the exemption will not result in an unreasonable risk to health; and
(4)Within one year of the date of exemption authorization, a schedule for compliance be issued and the owner of the supply agree to implement the schedule.
Source: SL 1983, ch 260, ยง6.
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.