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Administrative Rules
Rule 74:21 WATER SYSTEM OPERATORS

ARTICLE 74:21

WATER SYSTEM OPERATORS

Chapter

74:21:01             Board of certification.

74:21:02             Certification of water and wastewater operators.




CHAPTER 74:21:01

BOARD OF CERTIFICATION

Section

74:21:01:01        Repealed.

74:21:01:02        Board's rules, orders, decisions, and opinions kept in secretary's office -- Available to public.

74:21:01:03        Files to remain in secretary's office -- Exceptions.

74:21:01:04        Declaratory rulings.

74:21:01:05        Repealed.




Rule 74:21:01:01 Repealed.

          74:21:01:01.  Procedure for adopting rules.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:01:06, effective July 1, 1979; repealed, 13 SDR 129, 13 SDR 141, effective July 1, 1987.

 




Rule 74:21:01:02 Board's rules, orders, decisions, and opinions kept in secretary's office -- Available to public.

          74:21:01:02.  Board's rules, orders, decisions, and opinions kept in secretary's office -- Available to public. A copy of all rules, final orders, decisions, and opinions shall be on file in the office of the secretary of the board of certification and may be examined by any person upon oral or written request during the regular office hours maintained by the secretary.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:01:07, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 1-27-1.

 




Rule 74:21:01:03 Files to remain in secretary's office -- Exceptions.

          74:21:01:03.  Files to remain in secretary's office -- Exceptions. The files and records of the board of certification may be removed only pursuant to a court order or while such records are in custody of the board, secretary of the board, or the person who has been authorized by the board of certification to remove the document or file.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:01:08, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 1-27-1.

 




Rule 74:21:01:04 Declaratory rulings.

          74:21:01:04.  Declaratory rulings. A person may, by filing a petition, request the board to issue a decision on the applicability of any statutory provision, rule, or order pertaining to certification matters. The petition will be considered by the board at its regular meeting and in the order in which the petitions are submitted.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:01:09, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 1-26-15.

 




Rule 74:21:01:05 Repealed.

          74:21:01:05.  Informal proceedings prior to formal rules adoption hearing. Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:01:13, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, SL 2013, ch 166, § 32, effective July 1, 2013.

 




Rule 74:21:02 CERTIFICATION OF WATER AND WASTEWATER OPERATORS

CHAPTER 74:21:02

CERTIFICATION OF WATER AND WASTEWATER OPERATORS

Section

74:21:02:01 to 74:21:02:34    Repealed.

74:21:02:35                           Definitions.

74:21:02:36                           Classification of operators for certification purposes.

74:21:02:37                           Restricted certificates due to plant or system reclassifications.

74:21:02:38                           Operational categories of plants and systems.

74:21:02:39                           Classes of plants and systems.

74:21:02:40                           Application for examination.

74:21:02:41                           Eligibility of applicant.

74:21:02:42                           Repealed.

74:21:02:43                           Qualifications for Class I certification.

74:21:02:44                           Qualifications for Class II certification.

74:21:02:45                           Qualifications for Class III certification.

74:21:02:46                           Qualifications for Class IV certification.

74:21:02:47                           Substitutions for education requirements for operator certification.

74:21:02:48                           Definitions and substitutions for experience requirements for operator certification.

74:21:02:49                           Examinations.

74:21:02:50                           Fees.

74:21:02:51                           Certificate issued upon fulfillment of requirements.

74:21:02:52                           Annual certificate renewal.

74:21:02:53                           Renewal of expired certificate.

74:21:02:54                           Certification at a higher grade.

74:21:02:55                           Certificate valid for a period of time after unemployment.

74:21:02:56                           Agreements for reciprocal certification.

74:21:02:57                           Suspension of revocation of certificate.

74:21:02:58                           Classification increase based on population equivalent figures.

74:21:02:59                           Census used to determine population served by plant or system.

74:21:02:60                           Point system classification of wastewater treatment plants.

74:21:02:61                           Point system classification of water treatment plants.

74:21:02:62                           Classification of Class I plants and systems.

74:21:02:63                           Classification of Class II plants and systems.

74:21:02:64                           Classification of Class III plants and systems.

74:21:02:65                           Classification of Class IV plants and systems.

74:21:02:66                           "In-line" treatment is part of systems.

74:21:02:67                           Board approval of contract operators.

74:21:02:68                           Contract provisions.

74:21:02:69                           Contract operator qualifications.

74:21:02:70                           Additional water system operators requiring certification.

74:21:02:71                           Special Class I systems.




Rule 74:21:02:01 Repealed.

          74:21:02:01.  Definitions.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:01, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:02 Repealed.

          74:21:02:02.  Census data to determine population served by plant or system.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:02, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:03 Repealed.

          74:21:02:03.  Classification may be based on population equivalent figures.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:03, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:04 Repealed.

          74:21:02:04.  Classification level for operators serving 1,500 or more persons.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:04, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:05 Repealed.

          74:21:02:05.  Classification level for operators serving 500 or more persons.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:05, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:06 Repealed.

          74:21:02:06.  Certification available to all qualified operators.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:06, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:07 Repealed.

          74:21:02:07.  Procedure for handling applications for certification.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:07, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:08 Repealed.

          74:21:02:08.  Examinations.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:08, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:09 Repealed.

          74:21:02:09.  Fees.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:09, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:10 Repealed.

          74:21:02:10.  Permit issued upon fulfillment of requirements.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:10, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:11 Repealed.

          74:21:02:11.  Date of annual certificate renewal by secretary.Repealed.

 

          Source:  SL 1975, ch 16, § 1; transferred from § 34:50:02:11, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:12 Repealed.

          74:21:02:12. Renewal of expired certificate.Repealed.

 

          Source:  SL 1975, ch 16, § 1; transferred from § 34:50:02:12, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:13 Repealed.

          74:21:02:13. Procedure for certification at a higher grade.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:13, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:14 Repealed.

          74:21:02:14.  Certificates invalid if fraudulently obtained.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:14, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:15 Repealed.

          74:21:02:15.  Certificate valid for two years after termination of employment -- Reinstatement.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:15, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:16 Repealed.

          74:21:02:16.  Reciprocal certification.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:16, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:17 Repealed.

          74:21:02:17.  Suspension or revocation of certificate.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:17, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:18 Repealed.

          74:21:02:18.  Classification of water supply systems, water treatment plants, and water distribution systems.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:18, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:19 Repealed.

          74:21:02:19.  Criteria for class I water treatment plants.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:19, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:20 Repealed.

          74:21:02:20.  Criteria for class II water treatment plants.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:20, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:21 Repealed.

          74:21:02:21.  Criteria for class III water treatment plants.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:21, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:22 Repealed.

          74:21:02:22.  Classification of wastewater treatment plants and wastewater collection systems.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:22, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:23 Repealed.

          74:21:02:23.  Criteria for class I wastewater treatment facilities.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:23, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:24 Repealed.

          74:21:02:24.  Criteria for class II wastewater treatment facilities.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:24, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:25 Repealed.

          74:21:02:25.  Criteria for class III wastewater treatment facilities.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:25, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:26 Repealed.

          74:21:02:26.  Three classifications of operator qualifications established.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:26, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:27 Repealed.

          74:21:02:27.  Qualifications for class I water plant or systems operators' certification.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:27, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:28 Repealed.

          74:21:02:28.  Qualifications for class II water plant or systems operators' certification.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:28, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:29 Repealed.

          74:21:02:29.  Qualifications for class III water plant or systems operators' certification.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:29, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:30 Repealed.

          74:21:02:30.  Operator qualifications and classifications for wastewater treatment plants and wastewater collection systems.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:30, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:31 Repealed.

          74:21:02:31.  Qualifications for class I wastewater plants or systems operators' certificate.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:31, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:32 Repealed.

          74:21:02:32.  Qualifications for class II wastewater plants or systems operators' certificate.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:32, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:33 Repealed.

          74:21:02:33.  Qualifications for class III wastewater plants or systems operators' certificate.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:33, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:34 Repealed.

          74:21:02:34.  Substitutions for education or experience requirements for operator certification.Repealed.

 

          Source: SL 1975, ch 16, § 1; transferred from § 34:50:02:34, effective July 1, 1979; repealed, 6 SDR 49, effective November 19, 1979.

 




Rule 74:21:02:35 Definitions.

          74:21:02:35.  Definitions. Terms as used in this chapter mean:

 

          (1)  "Population equivalent," for a water treatment plant or water distribution system, the equivalent of the number of persons who would normally require the same amount of water. It is computed by dividing the average annual daily production of a system, in gallons, by 100;

 

          (2)  "Population equivalent," for a wastewater treatment plant or collection system, the calculated population which would normally contribute the same amount of biochemical oxygen demand (BOD) per day. It is computed on the basis of 0.17 pounds of 5-day, 20 degrees centigrade, BOD per capita per day;

 

          (3)  "Direct responsible charge," in smaller facilities where shift operation is not required, the person who is responsible and in active charge of the water treatment or wastewater treatment plant's or system's performance and operation. In larger facilities where shift operation is required, "direct responsible charge" means both active daily on-site technical direction and supervision and active daily on-site charge of an operating shift or a major segment of a system or facility. In facilities where shift operation is required, "direct responsible charge" is that person designated by the entity or municipality to serve as a supervisor for one on-site shift operation of a system or facility;

 

          (4)  "Operator," a person who is in direct responsible charge of the operation of a water treatment plant or wastewater treatment plant or the person who is in direct responsible charge of the operation of a water distribution system or a wastewater collection system;

 

          (5)  "Available," based on system size, complexity, and source water quality, a certified operator must be on site or able to be contacted as needed to initiate the appropriate action in a timely manner;

 

          (6)  "Operating Shift," the period of time during which necessary operator decisions are made that affect public health for proper operation of the system.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-24.

 




Rule 74:21:02:36 Classification of operators for certification purposes.

          74:21:02:36.  Classification of operators for certification purposes. There are four classifications of operators for each operational category set out in § 74:21:02:38. These classifications correspond to the plant or system classification in § 74:21:02:39. The secretary shall certify operators to one or more particular classifications in one or more operational categories. Operator certification to a certain class of an operational category entitles a person to operate a plant or system with the same or a lower corresponding classification.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:37 Restricted certificates due to plant or system reclassifications.

          74:21:02:37.  Restricted certificates due to plant or system reclassifications. Within one year after a classification upgrading unrelated to a system or plant modification, the owner of a plant or system may request that its operator be granted a restricted certificate if the operator of the plant or system was certified so that the plant or system was in compliance with SDCL 34A-3 prior to its reclassification.

 

          In considering the request, the secretary shall review the following:

 

          (1)  The magnitude of the change;

          (2)  The operator's training;

          (3)  The operator's past performance; and

          (4)  The recommendation of the board.

 

          The secretary may grant or deny the request and shall notify the owner of the decision and the reasons therefor within 45 days. A restricted certificate granted pursuant to this section is valid only for the specified operator at the specified plant or system.

 

          Source: 6 SDR 49, effective January 1, 1981; 12 SDR 209, effective July 7, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:38 Operational categories of plants and systems.

          74:21:02:38.  Operational categories of plants and systems. Plants and systems are divided into four operational categories. The four categories are as follows:

 

          (1)  Wastewater collection system;

          (2)  Wastewater treatment plant;

          (3)  Water distribution system; and

          (4)  Water treatment plant.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:39 Classes of plants and systems.

          74:21:02:39.  Classes of plants and systems. Each operational category shall be classified in one of four classes designated as Class I, II, III, or IV according to complexity of operation. Class IV is the highest. Classification of collection and distribution systems shall be based upon population served. Classification of treatment plants and systems shall be based upon a point system in accordance with §§ 74:21:02:60 and 74:21:02:61.

 

          Source: 6 SDR 49, effective January 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-23.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:40 Application for examination.

          74:21:02:40.  Application for examination. An individual desiring to take an examination shall file an application with the board's secretary on an application form provided by the board's secretary. The examination application must be accompanied by the required examination fee as specified in § 74:21:02:50 for the operator classification for which application is made. The examination application must be received by the board's secretary at least two weeks before the examination date. An individual must meet the Class I, II, III, or IV education and experience qualifications within one year to take the examination. The following information must be provided on the examination application form:

 

          (1)  The applicant's name and address;

          (2)  The grade of certification for which application is made;

          (3)  Education and training that the applicant received from schools and training courses;

          (4)  The length of experience, a description of work, and references which pertain to the applicant's qualifications;

          (5)  The type of plant or system the applicant is operating; and

          (6)  Any other information which the board's secretary considers necessary to determine eligibility of the applicant for certification.

 

          Examinations given to operators by the secretary must be based on the water and wastewater characteristics, treatment processes, and treatment plant operation relating to the classification of the plant or system that they intend to operate.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 56, effective October 28, 1993; 27 SDR 53, effective December 4, 2000; 31 SDR 71, effective November 24, 2004; 46 SDR 66, effective November 27, 2019.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2, 34A-3-3, 34A-3-14.

 




Rule 74:21:02:41 Eligibility of applicant.

          74:21:02:41.  Eligibility of applicant. The following procedures apply to the determination of eligibility of the applicant for certification:

 

          (1)  The board's secretary shall assemble all information needed by the board;

 

          (2)  The board or its designated representative shall, under the direction of the secretary, review the application and supporting documents to determine the eligibility of the applicant; and

 

          (3)  Certification is available to plant or system operators who are not in direct charge but are responsible for assisting in the operation of water and wastewater systems if the applicants can meet the qualifications for certification.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 36-22A-23

          Law Implemented: SDCL 36-22A-13.

 




Rule 74:21:02:42 Repealed.

          74:21:02:42.  Operator qualifications.Repealed.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; repealed, 27 SDR 53, effective December 4, 2000.

 




Rule 74:21:02:43 Qualifications for Class I certification.

          74:21:02:43.  Qualifications for Class I certification. All applicants for a Class I plant or system operator's certificate in any operational category must meet the following qualifications of education and experience:

 

          (1)  Completion of high school or the equivalent;

          (2)  One year of experience, without substitution, in a Class I or higher facility; and

          (3)  Passing of the appropriate Class I examination.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:44 Qualifications for Class II certification.

          74:21:02:44.  Qualifications for Class II certification. All applicants for a Class II plant or system operator's certificate in any operational category must meet the following qualifications of education and experience:

 

          (1)  Completion of high school or the equivalent;

          (2)  Three years of experience in a Class I facility or two years in a Class II or higher facility; and

          (3)  Passing of the appropriate Class II examination.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:45 Qualifications for Class III certification.

          74:21:02:45.  Qualifications for Class III certification. All applicants for a Class III plant or system operator's certificate must meet the following qualifications of education and experience:

 

          (1)  Completion of two years of college or vocational school education majoring in engineering, environmental sciences, or related fields and four years of experience including at least two years of experience in a Class II or higher facility; or

 

          (2)  Completion of high school or the equivalent and six years of experience including at least three years of experience in a Class II or higher facility; and

 

          (3)  Passing of the appropriate Class III exam.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000; 31 SDR 71, effective November 24, 2004; 32 SDR 192, effective May 21, 2006.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:46 Qualifications for Class IV certification.

          74:21:02:46.  Qualifications for Class IV certification. All applicants for a Class IV plant or system operator's certificate must meet the following qualifications of education and experience:

 

          (1)  Completion of a four year degree at a college or vocational school majoring in environmental engineering, environmental sciences, or related fields and four years of experience including at least two years of experience in a Class III or higher facility; or

 

          (2)  Completion of high school or the equivalent and eight years of experience including at least four years of experience in a Class III or higher facility; and

 

          (3)  Passing of the appropriate Class IV exam.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000; 31 SDR 71, effective November 24, 2004; 32 SDR 192, effective May 21, 2006.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:47 Substitutions for education requirements for operator certification.

          74:21:02:47.  Substitutions for education requirements for operator certification. The following substitutions for education requirements may be used in determining the qualifications of operators:

 

          (1)  The standard general education development test (GED) is the equivalent of completion of high school;

 

          (2)  One year of college or vocational education is 30 semester hours or 45 quarter hours. Forty-five continuing education units (CEU's) are comparable to one year of college credit;

 

          (3)  One year of operating experience may be substituted for two years of grade school or one year of high school education; and

 

          (4)  Experience credited as an equivalent of education may not be applied to the qualification of "experience," nor may education credited as an equivalent of experience be applied to the qualification of "education."

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 31 SDR 71, effective November 24, 2004.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:48 Definitions and substitutions for experience requirements for operator certification.

          74:21:02:48.  Definitions and substitutions for experience requirements for operator certification. The following definitions and substitutions for experience requirements are used in determining the qualifications of operators:

 

          (1)  Experience is time spent at a plant or system in satisfactory performance of operational duties;

 

          (2)  At least 80 percent of experience requirements must be actual operating experience in a plant or system;

 

          (3)  One year of education above the high school level may be substituted for one year of experience, up to a maximum of 50 percent of the experience requirements; and

 

          (4)  Acceptable operation includes only work involved in operations. Reports made by personnel of the Department of Agriculture and Natural Resources are used as a basis for determining whether or not operation is satisfactory.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 56, effective October 28, 1993; 27 SDR 53, effective December 4, 2000; 31 SDR 71, effective November 24, 2004; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-3, 34A-3-4.

 




Rule 74:21:02:49 Examinations.

          74:21:02:49.  Examinations. The following apply to examinations for certification:

 

          (1)  Written examinations shall be used to determine knowledge, ability, and judgment of the applicant;

 

          (2)  Examinations shall be held at places and times set by the secretary;

 

          (3)  All examinations shall be held on the day announced; however, the secretary may grant special examinations at other times when justified by hardship or good cause. All examinations shall be graded and the applicants notified of the results. Examination papers are not returned to the applicant, but the applicant may review the results with a member of the Department of Agriculture and Natural Resources upon request;

 

          (4)  Separate examinations shall be prepared for each operational category and classification; and

 

          (5)  The passing grade for all examinations is an overall grade of 70 out of a possible 100.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 84, effective December 4, 1988; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-15.

 

          Cross-References: Operational categories of plants and systems, § 74:21:02:38; Classes of plants and systems, § 74:21:02:39.

 




Rule 74:21:02:50 Fees.

          74:21:02:50.  Fees. The following fee schedule applies to certification examinations and to renewal fees:

 

          (1)  The fee to take a certification examination is $10;

          (2)  The annual certificate renewal fee is $6 per certificate.

 

          Fees from applicants who take the examination but are later determined to be ineligible may not be returned. Fees from eligible candidates who fail the examination may not be returned.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 84, effective December 4, 1988; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-19.

 




Rule 74:21:02:51 Certificate issued upon fulfillment of requirements.

          74:21:02:51.  Certificate issued upon fulfillment of requirements. Upon satisfactory fulfillment of the requirements in this chapter and upon recommendation of the board, the secretary shall issue a certificate to the applicant designating the applicant's competence. The certificate shall indicate the class and type of plant or system which the applicant is qualified to operate.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-14.

 




Rule 74:21:02:52 Annual certificate renewal.

          74:21:02:52.  Annual certificate renewal. An operator shall apply for renewal of current certificates. Certificates shall be renewed by payment of the applicable fee as set forth in § 74:21:02:50 unless certificates are not renewable under § 74:21:02:53, replaced by one of a higher grade, or revoked or suspended under § 74:21:02:57. Renewal receipts must be issued by the secretary upon receipt of the renewal fee.

 

          Criteria for yearly renewal must include the operator's attendance at seminars, training courses, technical conferences, or related college courses approved by the board's secretary.

 

          An operator holding only one certificate, which is a Class I or II certificate, must have 10 contact hours or one continuing education unit in the three years prior to the renewal date. An operator holding only one certificate, which is a Class III or IV certificate, is required to have 20 contact hours or two continuing education units in the three years prior to the renewal date. If an operator has more than one certificate and all certificates are Class I and II certificates, the operator is required to have 15 contact hours or 1.5 continuing education units in the three years prior to the renewal date. If an operator has more than one certificate and at least one of those certificates is a Class III or IV certificate, the operator is required to have 30 contact hours or three continuing education units in the three years prior to the renewal date.

 

          Source: 6 SDR 49, effective January 1, 1980; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000; 34 SDR 304, effective June 9, 2008; 46 SDR 66, effective November 27, 2019.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-18.

 




Rule 74:21:02:53 Renewal of expired certificate.

          74:21:02:53.  Renewal of expired certificate. An individual whose certificate has expired because of failure to apply for renewal may be issued a new certificate of like classification provided the individual applies for renewal to the secretary within two years after the date of expiration and the appropriate fee is paid. Failure to renew a certificate for two years following the date of expiration prevents further renewal without reapplication, payment of fee, and reexamination.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-17.

 




Rule 74:21:02:54 Certification at a higher grade.

          74:21:02:54.  Certification at a higher grade. Certified operators who desire to become certified in a higher grade must satisfactorily complete the eligibility requirements and examination for the higher grade before a certificate will be issued.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-14.

 




Rule 74:21:02:55 Certificate valid for a period of time after unemployment.

          74:21:02:55.  Certificate valid for a period of time after unemployment. The certificate of an individual who was not employed as an operator upon certification or who terminates employment as an operator of a water treatment plant, water distribution system, wastewater treatment plant, or wastewater collection system may be renewed in February of the next two years upon payment of the annual renewal fee. After two such renewals the certificate may no longer be renewed unless the individual is employed in the water and wastewater occupational field. An individual who desires reinstatement after expiration shall follow the procedures for initial certification.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-17.

 




Rule 74:21:02:56 Agreements for reciprocal certification.

          74:21:02:56.  Agreements for reciprocal certification. Certificates of an equivalent grade may be issued, without examination, to any person who holds a certificate in any state, territory, possession of the United States, or any foreign country, or from the Association of Boards of Certification provided that the education and experience requirements for taking an exam and certification of operators under which the person's certificate was issued do not conflict with the provisions of SDCL 34A-3 and are of a standard not lower than those in this article and that reciprocal privileges are granted to South Dakota certified operators by the Association of Boards of Certification, state, territory, possession, or country.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000; 31 SDR 71, effective November 24, 2004.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-19.

 




Rule 74:21:02:57 Suspension of revocation of certificate.

          74:21:02:57.  Suspension or revocation of certificate. After a hearing before the board and upon its recommendation, the secretary may suspend or revoke the certificate of an operator for any of the following reasons:

 

          (1)  The operator has practiced fraud or deception, has falsified operating records, has been guilty of operator negligence, or has submitted inaccurate data on qualifications;

 

          (2)  The operator does not meet the education and experience qualifications required for a certificate;

 

          (3)  Reasonable care, judgment, or the application of knowledge was not used in the performance of the operator's duties;

 

          (4)  The operator is incompetent or unable to perform the operator's duties; or

 

          (5)  The operator does not perform duties in a manner that meets water or wastewater system compliance requirements of state or federal water and wastewater laws and regulations.

 

          Appeal from the action of the secretary may be made as provided by SDCL chapter 1-26.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 20 SDR 56, effective October 28, 1993; 27 SDR 53, effective December 4, 2000; 31 SDR 71, effective November 24, 2004.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-20, 34A-3-21, 34A-3-22.

 




Rule 74:21:02:58 Classification increase based on population equivalent figures.

          74:21:02:58.  Classification increase based on population equivalent figures. Plants or systems with a high population equivalent shall be placed in a water treatment or wastewater treatment classification higher than that indicated by actual population alone.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:59 Census used to determine population served by plant or system.

          74:21:02:59.  Census used to determine population served by plant or system. If the population equivalent data are not available or are not higher than the actual population, the census taken each decade or a special census taken by the United States bureau of census shall be used to determine the population served by a water treatment plant, water distribution system, wastewater treatment plant, or wastewater collection system. A system may determine an actual population count served by the system or plant.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:60 Point system classification of wastewater treatment plants.

          74:21:02:60.  Point system classification of wastewater treatment plants. For the purpose of classification of wastewater treatment plants, the plants shall be awarded points based on the criteria in this section. The combined total of subdivisions (1) and (2) may not exceed 20 points. The points and criteria are as follows:

 

          (1)  One point per 10,000 population equivalent or part thereof served on a peak day;

 

          (2)  One point per 1,000,000 gallons per day or part thereof for the designed average daily flow or peak month flow, whichever is larger;

 

          (3)  Six points if the wastewater is or may be discharged into surface waters classified for either domestic water supplies or cold water permanent fish life propagation, or both, in accordance with the rules in article 74:51;

 

          (4)  Five points if the wastewater is or may be discharged into surface waters classified for cold water marginal or warm water permanent fish life propagation in accordance with the rules in article 74:51;

 

          (5)  Four points if the wastewater is or may be discharged into surface waters classified for warm water semi-permanent fish life propagation in accordance with the rules in article 74:51;

 

          (6)  Three points if the wastewater is or may be discharged into surface waters classified for warm water marginal fish life propagation in accordance with the rules in article 74:51;

 

          (7)  Two points if the wastewater is or may be discharged into surface waters classified for fish and wildlife propagation, recreation, and stock watering in accordance with the rules in article 74:51;

 

          (8)  Two points if the wastewater effluent is discharged to the land for final disposal or held in ponds for evaporation;

 

          (9)  Four points if the wastewater effluent is disposed of below the surface of the ground;

 

          (10)  Two points if the raw waste flow has recurring deviations or excessive variations of 100 to 200 percent in average daily flow;

 

          (11)  Three points if the raw waste flow has recurring deviations or excessive variations of more than 200 percent in average daily flow;

 

          (12)  Two points if the raw waste flow contains toxic wastes which cause a problem at the plant;

 

          (13)  Two points if the raw waste flow has recurring deviations or excessive variations of 100 to 200 percent in average daily five-day biochemical oxygen demand (BOD) concentration;

 

          (14)  Three points if the raw waste flow has recurring deviations or excessive deviations of more than 200 percent in average daily five-day BOD concentrations;

 

          (15)  One point if the peak day raw waste suspended solids (SS) concentration is greater than two times the SS concentration on an average day for the year;

 

          (16)  Three points if either wastewater screening or comminution, or both, is provided;

 

          (17)  Three points if grit removal is provided;

 

          (18)  Three points if pumping of the main flow at the plant is provided;

 

          (19)  Five points if one or more primary clarifiers are provided as primary treatment;

 

          (20)  Five points if combined primary sedimentation/digestion is provided as primary treatment;

 

          (21)  Four points if chemical addition, except chlorination and enzymes, is provided as primary treatment;

 

          (22)  Ten points if trickling filtration with one or more secondary clarifiers is provided as secondary treatment;

 

          (23)  Fifteen points if activated sludge with one or more secondary clarifiers, including extended aeration and oxidation ditches, is provided as secondary treatment;

 

          (24)  Five points if stabilization ponds without aeration are provided as secondary treatment;

 

          (25)  Eight points if an aerated lagoon is provided as secondary treatment;

 

          (26)  Two points if a polishing pond is provided as advanced waste treatment;

 

          (27)  Fifteen points if chemical/physical treatment is provided as advanced waste treatment without secondary treatment;

 

          (28)  Ten points if chemical/physical treatment is provided as advanced waste treatment following secondary treatment;

 

          (29)  Twelve points if biological or chemical/biological treatment is provided as advanced waste treatment;

 

          (30)  Ten points if ion exchange is provided as advanced waste treatment;

 

          (31)  Fifteen points if reverse osmosis or electrodialysis is provided as advanced waste treatment;

 

          (32)  Four points if chemical recovery or carbon regeneration is provided;

 

          (33)  Five points if thickening of sludge is provided;

 

          (34)  Ten points if anaerobic digestion of sludge is provided;

 

          (35)  Twelve points if aerobic digestion of sludge is provided;

 

          (36)  Two points if evaporative sludge drying is provided;

 

          (37)  Eight points if mechanical dewatering of sludge is provided;

 

          (38)  Twelve points if solids reduction by incineration or wet oxidation is provided;

 

          (39)  Five points if disinfection of the wastewater is provided;

 

          (40)  Five points if on-site generation of the disinfectant is provided;

 

          (41)  Two points if alternative power generation is provided;

 

          (42)  Two points if raw waste flow equalization is provided;

 

          (43)  Three points if mound system primary treatment is provided;

 

          (44)  Ten points if an aerated lagoon with anaerobic cells is provided as secondary treatment;

 

          (45)  Twelve points if a sequential batch reactor method is provided as secondary treatment;

 

          (46)  Ten points if irrigation with the process effluent is provided;

 

          (47)  Ten points if infiltration/percolation basins are provided as advanced waste treatment;

 

          (48)  Eight points if artificial wetlands are provided as advanced waste treatment;

 

          (49)  Eight points if land application of sludge is provided;

 

          (50)  Five points if methane gas recovery or reuse, or both, is provided;

 

          (51)  Three points if anaerobic lagoons for sludge are provided;

 

          (52)  Five points if groundwater monitoring and parameter analysis are provided;

 

          (53)  Two points for each industry that is pretreating its raw waste;

 

          (54)  Ten points if rotating biological contractors with one or more secondary clarifiers are provided as secondary treatment;

 

          (55)  Five points if dechlorination of the wastewater is provided;

 

          (56)  For the purpose of determining the laboratory control performed by plant personnel, the plants shall be awarded points if the tests of the wastewater are conducted in accordance with either Methods for Chemical Analysis of Water and Wastes, 1983 or Standard Methods for the Examination of Water and Wastewater, or both, based on the following criteria:

 

               (a)   Three points for the determination of total and fecal coliforms by a multiple tube or membrane filter method;

               (b)   Two points for the determination of total and fecal coliforms by a presence/absence method;

               (c)   Three points for analysis of BOD;

               (d)   One point for biological determination in the plant or stream;

               (e)   One point for analysis of any pH by an electronic probe method or chlorine residual, pH, nitrogen, phosphorus, ammonia nitrogen by colorimetric method, or settleable solids by a gravimetric/volumetric method;

               (f)    Two points for analysis of any total dissolved solids, suspended solids, or volatile suspended solids by a gravimetric method;

               (g)   One point for analysis of dissolved oxygen by a meter and probe;

               (h)   Two points for analysis of chemical oxygen demand by a digestion/colorimetric method or grease; and

               (i)    Five points for determination of radioactivity.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 15 SDR 84, effective December 4, 1988; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 

          References: EPA Methods, Methods for Chemical Analysis of Water and Wastes, 1983, published by the U.S. Environmental Protection Agency. Publication number EPA-600/4-79-020. Copies are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

 

          Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995, Library of Congress card number 95-79480, ISBN number 0-87553-223-3, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. The publication office is American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005. Copies may be obtained from American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005. The cost is $200.

 




Rule 74:21:02:61 Point system classification of water treatment plants.

          74:21:02:61.  Point system classification of water treatment plants. For the purpose of classification of water treatment plants, the plants shall be awarded points based on the following criteria; however, the combined total of subdivisions (1) and (2) may not exceed 20 points:

 

          (1)  One point per 10,000 or part thereof of the population served on a peak day;

 

          (2)  One point per 1,000,000 gallons per day (mgd) or part thereof for the designed average daily flow or peak month's flow for the average day, whichever is larger;

 

          (3)  Three points where the water supply source is from the groundwater;

 

          (4)  Five points where the water supply source is from surface water or groundwater under the direct influence of surface water;

 

          (5)  One point if the raw water supply source equals or exceeds one coliform organism per 100 milliliters;

 

          (6)  One point if the raw water supply source equals or exceeds 5,000 coliform organisms per 100 milliliters;

 

          (7)  One point if the raw water supply source equals or exceeds 500 organisms per one milliliter;

 

          (8)  One point if the raw water supply source equals or exceeds a nitrate concentration of 10 milligrams per liter as nitrogen;

 

          (9)  One point if the raw water supply source equals or exceeds one turbidity unit;

 

          (10)  One point if the raw water supply source equals or exceeds a fluoride concentration of 2.4 milligrams per liter;

 

          (11)  One point if the raw water supply source equals or exceeds an organic chemical concentration of 0.7 milligrams per liter;

 

          (12)  One point if the raw water supply source equals or exceeds a sulfate concentration of 250 milligrams per liter;

 

          (13)  One point if the raw water supply source equals or exceeds an iron concentration of 0.3 milligrams per liter;

 

          (14)  One point if the raw water supply source equals or exceeds a manganese concentration of 0.05 milligrams per liter;

 

          (15)  Two points where aeration of the water is used in the plant;

 

          (16)  Four points where a pH adjustment of the water is made in the plant;

 

          (17)  Four points where adjustment of the water is made in the plant for stability or corrosion control;

 

          (18)  Eight points where adjustment of the water is made in the plant for taste and odor control;

 

          (19)  Four points where adjustment of the water is made in the plant for color control;

 

          (20)  Ten points where equipment is provided for removal of either iron or manganese, or both, from the water;

 

          (21)  Ten points where equipment is provided for softening of the water by ion exchange;

 

          (22)  Twenty points where equipment is provided for softening of the water by chemical precipitation;

 

          (23)  Fifteen points where equipment is provided for treatment of the water by coagulation, flocculation, and sedimentation;

 

          (24)  Ten points where equipment is provided for treatment of the water by filtration other than bag filtration or membrane filtration;

 

          (25)  Fifteen points where equipment is provided for treatment of the water by reverse osmosis, nanofiltration, or electrodialysis;

 

          (26)  Six points where equipment is provided for in-plant treatment of the sludge;

 

          (27)  Fifteen points where equipment for demineralization as advanced water treatment is provided;

 

          (28)  Five points where equipment is provided for fluoridation of the water;

 

          (29)  Five points for each type of equipment that is provided for disinfection of the water;

 

          (30)  Five points where equipment is provided for on-site generation of the disinfectant;

 

          (31)  Three points where equipment is provided for bag filtration;

 

          (32)  Fifteen points where equipment is provided for ultrafiltration or microfiltration;

 

          (33)  Five points where equipment is provided for the in-line addition of a coagulant or filter aid; and

 

          (34)  For the purpose of determining the laboratory control performed by plant personnel, the plants shall be awarded points if the tests of the water are conducted in accordance with Standard Methods for the Examination of Water and Wastewater, based on the following criteria:

 

               (a)   Three points for the determination of total and fecal coliforms by a multiple tube or membrane filter method;

               (b)   Two points for the determination of total and fecal coliforms by a presence/absence method;

               (c)   Three points for the determination of total bacterial heterotrophic plate count;

               (d)   Three points for the determination of biological organisms;

               (e)   One point for analysis of any pH by an electronic probe method or chlorine residual, iron, manganese, chloride, nitrate, sulfate, pH, phosphate, or fluoride by a colorimetric method;

               (f)    Two points for the analysis of alkalinity or chlorides by titration;

               (g)   One point for the analysis for turbidity by the use of a bench model turbidimeter;

               (h)   Two points for the analysis of any total dissolved solids or suspended solids by a gravimetric method;

               (i)    Five points for analysis of organic chemicals by gas or liquid chromatography;

               (j)    Five points for the analysis of inorganic chemicals by atomic absorption or inductively coupled plasma methods; and

               (k)   Five points for the determination for radioactivity.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 

          Reference: Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995, Library of Congress card number 95-79480, ISBN number 0-87553-223-3, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. The publication office is American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005. Copies may be obtained from American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005. The cost is $200.

 




Rule 74:21:02:62 Classification of Class I plants and systems.

          74:21:02:62.  Classification of Class I plants and systems. Plants and systems shall be classified Class I in accordance with §§ 74:21:02:39, 74:21:02:60, and 74:21:02:61 as follows:

 

          (1)  Wastewater collection systems and water distribution systems serving a population not over 1,500 persons; and

          (2)  Wastewater treatment plants and water treatment plants not over 30 points.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:63 Classification of Class II plants and systems.

          74:21:02:63.  Classification of Class II plants and systems. Plants and systems shall be classified Class II in accordance with §§ 74:21:02:39, 74:21:02:60, and 74:21:02:61 as follows:

 

          (1)  Wastewater collection systems and water distribution systems serving a population over 1,500 but not over 15,000 persons; and

          (2)  Wastewater treatment plants and water treatment plants over 30 points but not over 55 points.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:64 Classification of Class III plants and systems.

          74:21:02:64.  Classification of Class III plants and systems. Plants and systems shall be classified Class III in accordance with §§ 74:21:02:39, 74:21:02:60, and 74:21:02:61 as follows:

 

          (1)  Wastewater collection systems and water distribution systems serving a population over 15,000 but not over 50,000 persons; and

          (2)  Wastewater treatment plants and water treatment plants over 55 points but not over 75 points.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:65 Classification of Class IV plants and systems.

          74:21:02:65.  Classification of Class IV plants and systems. Plants and systems shall be classified Class IV in accordance with §§  74:21:02:39, 74:21:02:60, and 74:21:02:61 as follows:

 

          (1)  Wastewater collection systems and water distribution systems serving a population over 50,000 persons; and

          (2)  Wastewater treatment plants and water treatment plants over 75 points.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:66 "In-line" treatment is part of systems.

          74:21:02:66.  "In-line" treatment is part of systems. Simple "in-line" treatment, such as booster pumping or preventive chlorination or odor control, is considered an integral part of a water distribution or wastewater collection system.

 

          Source: 6 SDR 49, effective November 19, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2.

 




Rule 74:21:02:67 Board approval of contract operators.

          74:21:02:67.  Board approval of contract operators. A system may satisfy the requirements for a certified operator under chapter 34A-3 by agreement with a contract operator if the contract conforms with the provisions of §§ 74:21:02:68 and 74:21:02:69 and has been approved by the board. The system shall file with the secretary of the board at least 21 days before the next regularly scheduled board meeting a request for approval of a contract operator together with a copy of the contract and proof of compliance with §§ 74:21:02:68 and 74:21:02:69. The secretary shall add the matter to the agenda of that board meeting and shall provide written notice of the meeting to the system and the contract operator at least 14 days before the meeting. If the board finds the proposal to conform with §§ 74:21:02:68 and 74:21:02:69, it shall approve the contract only for compliance with SDCL chapter 34A-3.

 

          Source: 18 SDR 74, effective October 27, 1991.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2 to 34A-3-4.

 




Rule 74:21:02:68 Contract provisions.

          74:21:02:68.  Contract provisions. A contract for system operation pursuant to § 74:21:02:67 must contain the following provisions which shall be considered by the board in granting or denying approval:

 

          (1)  The parties involved, including names, addresses, and phone numbers of each;

          (2)  The specific starting and expiration dates of the contract;

          (3)  The minimum number of visits each month and the minimum time of each visit to be spent on-site by the contract operator;

          (4)  The duties and responsibilities of each party involved; and

          (5)  The signature of each party to the contract.

 

          Source: 18 SDR 74, effective October 27, 1991.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2 to 34A-3-4.

 




Rule 74:21:02:69 Contract operator qualifications.

          74:21:02:69.  Contract operator qualifications. A contract operator under § 74:21:02:67 must meet the following criteria:

 

          (1)  Hold valid certificates of the class and category for which the system is contracting;

          (2)  Reside so as to allow response time of not to exceed one hour;

          (3)  Be on call 24 hours a day and able to be on-site in emergencies; and

          (4)  Be on-site at least once a week or more as considered necessary by the board based on the technical nature of the system to be operated.

 

          Source: 18 SDR 74, effective October 27, 1991.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2 to 34A-3-4.

 




Rule 74:21:02:70 Additional water system operators requiring certification.

          74:21:02:70.  Additional water system operators requiring certification. Any water system operator making process control or system integrity decisions about water quality or quantity that affect public health must be certified at any level. A designated operator who is certified at a level equivalent to the classification of the plant or system must be available for each operating shift.

 

          Source: 27 SDR 53, effective December 4, 2000.

          General Authority: SDCL 34A-3-4.1, 34A-3-24.

          Law Implemented: SDCL 34A-3-2, 34A-3-3, 34A-3-4, 34A-3-4.1.

 




Rule 74:21:02:71 Special Class I systems.

          74:21:02:71.  Special Class I systems. Any wastewater treatment system classified as Class I that serves 500 or more people using only stabilization ponds must be under the supervision of an operator who has been certified as a Class I Stabilization Pond or Class I (or higher) Wastewater Treatment Operator. The wastewater collection system for these systems must be under the supervision of an operator who has been certified as a Class I (or higher) Wastewater Collection Operator.

 

          Groundwater systems classified as Class I that serve less than 500 people that do not treat the water must be under the supervision of an operator who has been certified as a Class I Very Small Water System Operator or a Class I (or higher) Water Distribution Operator.

 

          Groundwater systems classified as Class I that serve less than 500 people that treat the water must be under the supervision of an operator who has been certified as a Class I Small Water Treatment System or Class I (or higher) Water Treatment Operator. The distribution system for these systems must be under the supervision of an operator who has been certified as a Class I (or higher) Water Distribution Operator.

 

          Source: 27 SDR 53, effective December 4, 2000; 34 SDR 304, effective June 9, 2008.

          General Authority: SDCL 34A-3-24.

          Law Implemented: SDCL 34A-3-2, 34A-3-3, 34A-3-4.

 

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