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.