CHAPTER 74:04:11
SANITARY SURVEYS
Section
74:04:11:01 Definitions.
74:04:11:02 Sanitary surveys -- General.
74:04:11:03 Sanitary survey components.
74:04:11:04 Significant deficiency -- Response by system.
74:04:11:05 Significant deficiency -- Violation by system.
74:04:11:01. Definitions. Terms used in this chapter mean:
(1) "Community water system," "CWS," a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. The term includes any collection, treatment, storage, and distribution facilities under control of the operator of the system and used primarily in connection with the system and any collection or pretreatment storage facilities not under such control that are used primarily in connection with the system;
(2) "Department," the Department of Agriculture and Natural Resources;
(3) "Groundwater under the direct influence of surface water," "GWUDISW," any water beneath the surface of the ground with a significant occurrence of insects, macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water quality characteristics such as turbidity, temperature, conductivity, or pH that closely correlate to climatological or surface water conditions. The department makes a GWUDISW determination based on site-specific water quality measurements and information specific to the water source and geology;
(4) "Nontransient, noncommunity water system," "NTNC," a public water system that is not a community water system and that regularly serves at least 25 of the same persons at such places as work places, offices, and schools for at least 6 months a year;
(5) "Significant deficiency," any defect in a system’s design components, operation, maintenance, or administration, as well as any failure or malfunction of any system component, that the department determines to cause, or have the potential to cause, an unacceptable risk to public health or that could affect the reliable delivery of safe drinking water;
(6) "Sanitary survey," an onsite review of the water source, facilities, equipment, operation, maintenance, and monitoring compliance of a public water system for the purpose of evaluating the adequacy of the drinking water system, its source, treatment, and distribution, to produce and distribute a reliable and safe supply of drinking water;
(7) "Transient noncommunity water system," "TWS," a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year; and
(8) "Type H systems," public water systems owning a surface water or groundwater under the direct influence of a surface water source that is subject to the requirements of § 74:04:12:22;
(9) "Type S systems," public water systems that use groundwater. Type S systems do not include public water systems that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water before treatment as a Type H system. Type S systems include consecutive systems receiving finished groundwater.
Source: 29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-3A-25.
Law Implemented: SDCL 34A-3A-25(4).
74:04:11:02. Sanitary
surveys -- General. The department shall conduct a sanitary
survey of all public water systems according to the criteria in this chapter.
The department shall conduct a sanitary survey of all Type S community public
water systems according to the criteria in this chapter by December 31, 2012,
and of all Type S transient noncommunity and nontransient noncommunity systems
by December 31, 2014. The frequency for a sanitary survey is as follows:
(1) For community water
systems - every three years; and
(2) For transient
noncommunity and nontransient noncommunity water systems - every five years.
The department may conduct more
frequent sanitary surveys for any system.
The
sanitary survey may be completed as part of a staged or phased review by the
department if the survey is completed within the timeframes specified in
subdivision (1) or (2) of this section.
The
department shall review the disinfection profile for systems required to comply
with the disinfection profiling requirements specified by 40 C.F.R.
§ 141.172.
A
report describing the results of the sanitary survey including any significant
deficiencies shall be provided to the water system within 30 days of completion
of the survey. The report may specify corrective actions and deadlines for
completion of the corrective actions.
Source:
29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General
Authority: SDCL 34A-3A-25.
Law
Implemented: SDCL 34A-3A-25(4).
74:04:11:03. Sanitary
survey components. The sanitary survey must address, at a
minimum, the following elements:
(1) Sources;
(2) Treatment;
(3) Distribution system;
(4) Finished water storage;
(5) Pumps, pump facilities,
and controls;
(6) Monitoring, reporting,
and data verification;
(7) System management and
operation; and
(8) Operator
compliance with chapter 74:21:02.
Source:
29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General
Authority: SDCL 34A-3A-25.
Law
Implemented: SDCL 34A-3A-25(4).
74:04:11:04. Significant
deficiency -- Response by system. A Type H public water
system must respond in writing no later than 45 days after the receipt of a
sanitary survey report describing how and on what schedule the system will
address any significant deficiencies identified in the sanitary survey report.
Source:
29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General
Authority: SDCL 34A-3A-25.
Law
Implemented: SDCL 34A-3A-25(4).
74:04:11:05. Significant
deficiency -- Violation by system. Failure by a Type H
public water system to respond in writing as required by § 74:04:11:04 or
failure to address significant deficiencies identified in a sanitary survey
report that are within the control of the water system or its governing body is
a violation of this chapter and is subject to penalties as provided for in SDCL 34A-3A-3 or 34A-3A-26.
Source:
29 SDR 80, effective December 10, 2002; 36 SDR 111, effective January 11, 2010.
General
Authority: SDCL 34A-3A-25.
Law
Implemented: SDCL 34A-3A-3, 34A-3A-25(4), 34A-3A-26.
