74:04:01:01.  Definitions. Terms used in this chapter mean:

          (1)  "Public water supplies," any community water system serving a population of 500 or more people that does not exclusively purchase water from another public supply that fluoridates;

          (2)  "Department," the Department of Agriculture and Natural Resources or authorized representative; and

          (3)  "Milligrams per liter," (mg/l) a method of expressing analytical results.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:01, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34-24A-2.

          Law Implemented: SDCL 34-24A-2.

          74:04:01:02.  Written approval required to implement fluoridation. Written approval must be obtained from the department prior to the implementation of the addition of fluoride ion to public water supplies. Plans and specifications shall be submitted as prescribed by chapter 74:53:05 unless otherwise waived by the department.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:02, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.

          General Authority: SDCL 34-24A-2.

          Law Implemented: SDCL 34-24A-2, 34-24A-3.

          74:04:01:03.  Required minimum fluoride levels. If the fluoride ion content of the water from any entry point for a public water supply is less than 0.5 mg/l, equipment must be provided and operated to adjust the fluoride ion concentration in the range of 0.5 mg/l to 0.9 mg/l, with an optimum level of 0.7 mg/l. Upon request and submission of laboratory sample results by the system, the department may grant a fluoridation exemption for an entry point when the natural fluoride ion concentration is greater than or equal to 0.5 mg/l. An exemption will be based on annual laboratory sample results of the natural fluoride ion concentration at each entry point. If a system's annual entry point sample has a natural fluoride ion concentration less than 0.5 mg/l, the system will be required to submit a confirmation sample and the average of the two samples will be used to determine exemption status. Based on sampling data and operational history, the department may grant, deny, or revoke an exemption.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:03. effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.

          General Authority: SDCL 34-24A-2.

          Law Implemented: SDCL 34-24A-1, 34-24A-2, 34-24A-3.

          74:04:01:04.  Equipment construction, installation, and operation. The chemical feeder apparatus for introducing fluoride ion into the water supply shall be constructed, installed, and operated in accordance with department requirements.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:04, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.

          General Authority: SDCL 34-24A-2.

          Law Implemented: SDCL 34-24A-2, 34-24A-3.

          74:04:01:05.  Daily testing requirements. The fluoride content shall be determined each day on a representative sample of fluoridated water using a testing method approved by the department A variance to this requirement may be allowed by the department upon request and submission of evidence that other testing procedures are satisfactory. Daily testing records shall be available for review by the department upon request.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:05, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.

          General Authority: SDCL 34-24A-2.

          Law Implemented: SDCL 34-24A-1, 34-24A-2, 34-24A-3.

          74:04:01:06.  Samples shall be tested by a certified laboratory -- Frequency. Representative samples of fluoridated water shall be collected from the distribution system and submitted for testing to a laboratory certified by the department for fluoride testing. Sample results from the laboratory shall be reported to the department monthly either as a hardcopy report or electronic means acceptable by the department. Samples shall be collected in accordance with the following schedule:

          (1)  Population over 10,000: one sample per week;

          (2)  Population of 3,000 to 10,000: two samples per month; and

          (3)  Population less than 3,000: one sample each month.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:06, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.

          General Authority: SDCL 34-24A-2.

          Law Implemented: SDCL 34-24A-1, 34-24A-2, 34-24A-3.

          74:04:01:07.  Daily records required. Repealed.

          Source: SL 1975, ch 16, § 1; transferred from § 34:07:01:07, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 42 SDR 97, effective January 4, 2016.