A groundwater system that does not detect a contaminant specified in 40 C.F.R. § 141.62 (July 1, 2018) in its initial monitoring as specified by 40 C.F.R. § 141.24(f)(4) (July 1, 2018) may apply to the department for a waiver from the annual and triennial monitoring. A surface water system that does not detect a contaminant specified in 40 C.F.R. § 141.62 (July 1, 2018) in its initial monitoring as specified by 40 C.F.R. § 141.24(f)(4) (July 1, 2018) may apply to the department for a waiver from annual monitoring. Conditions for the granting of a waiver are as follows:
A groundwater system must submit written evidence that it complies with the criteria in subdivision (4) of this section and a completed waiver application to the department. If any of the information required by subdivision (4) of this section is unknown or indicates that contamination is likely to occur, the department may not grant the waiver.
The decision by the department to grant a waiver must be in writing and must 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. 74:04:12:16
General Authority: SDCL 34A-3A-3.
Law Implemented: SDCL 34A-3A-3(2).