S.D. Admin. R. 74:04:12:13

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:04:12:13 - IOCs - Waivers for monitoring

A system may apply to the department for a waiver from the monitoring frequencies specified in 40 C.F.R. § 141.23 (July 1, 2018) for any of the inorganic chemicals listed in 40 C.F.R. §§ 141.11 and 141.62 (July 1, 2018) except nitrate and nitrite. Conditions for the granting of a waiver are as follows:

(1) The system must take a minimum of one sample from each entry point while the waiver is in effect. The term during which the waiver is effective may not exceed the end of the current compliance cycle. The system must reapply for a waiver for each compliance cycle;

(2) The department may grant a waiver if a surface water system has monitored annually for at least three years and a groundwater system has conducted a minimum of three rounds of monitoring with at least one sample having been collected since January 1, 1990. Both surface and groundwater systems must demonstrate that all previous analytical results were less than 90 percent of the MCLs as specified in 40 C.F.R. §§ 141.11 and 141.62 (July 1, 2018). A system that uses a new water source is not eligible for a waiver until three rounds of monitoring from the new source have been completed. The system must submit copies of these analytical results and a completed waiver application to the department;

(3) The department shall consider the following in determining whether to grant the waiver:

(a) Reported concentrations from all previous monitoring;

(b) The degree of variation in reported concentrations; and

(c) Other factors which may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the system's configuration, changes in the system's operating procedures, or changes in stream flows or characteristics; and

(4) The decision by the department to grant a waiver must be in writing and shall establish the basis for the waiver determination. The determination may be initiated by the department or upon application by a public water system. The public water system must specify the basis for its waiver request. The department shall review and may revise its determination of the appropriate monitoring frequency if the system submits new monitoring data or if other data relevant to the system's appropriate monitoring frequency become available.

S.D. Admin. R. 74:04:12:13

31 SDR 21, effective 8/24/2004; 36 SDR 111, effective 1/11/2010; 45 SDR 159, effective 7/1/2019

General Authority: SDCL 34A-3A-3.

Law Implemented: SDCL 34A-3A-3(2).