34A-3A-1. Public policy. It is hereby declared to be the public policy of the state to achieve and maintain safe drinking water for the public which will protect human health and safety and prevent the creation of public nuisances. To these ends it is the purpose of this chapter to ensure that public water systems […]
34A-3A-12. Notice of variance, exemption, or violation of compliance schedule. If a variance or exemption is granted or if a compliance schedule contained in a variance or exemption is violated, public notification as required by §34A-3A-3 shall be given by the supplier of water. Source: SL 1983, ch 260, §12; SL 1988, ch 285, §42.
34A-3A-13. Notice by secretary on failure of supplier. Notice to the public required by this chapter may be given by the secretary on behalf of the supplier of water if the supplier of water fails to comply with the public notification requirements of this chapter. Source: SL 1983, ch 260, §13.
34A-3A-14. Application to public water systems. This chapter applies to each public water system unless the system consists only of distribution and storage facilities; obtains all of its water from, but is not owned or operated by a public water system to which this chapter applies; does not sell water to any person; and is […]
34A-3A-15. Injunctive and declaratory relief. The secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court. Source: SL 1983, ch 260, §15; SL 1992, ch 158, §38.
34A-3A-16. Approval and certification of laboratory facilities and personnel. The director of laboratories shall establish and carry out a program for approval and certification of laboratory facilities and personnel which conduct analytical measurements required by any rules promulgated pursuant to this chapter. Source: SL 1983, ch 260, §16.
34A-3A-17. Prevention of pollution of water supply systems–Development of voluntary wellhead protection program–Specifications. The department shall develop procedures necessary to safeguard public health and welfare and prevent pollution of public water supply systems. The department shall develop a voluntary wellhead protection program which will specify the following: (1)Guidelines for a wellhead protection program to protect […]
34A-3A-18. Water quality sample collected upon completion of well–Submission to department–Time period–Minimum analyzation requirements. Following completion of any new well for domestic use, a water quality sample shall be collected and submitted to the Department of Health Laboratory or another laboratory approved by the department. If the well flows or if the well driller installs […]
34A-3A-19. State administration of the public water system supervision program–Fee. In order to safeguard the public health, safety, and welfare of this state through a customer service approach, the state shall retain administration of the public water system supervision program as provided in the Federal Safe Drinking Water Act as amended to January 1, 2011. […]
34A-3A-2. Definitions. Terms used in this chapter mean: (1)”Area of influence,” the area surrounding a pumping or recharging well within which the potentiometric surface or the water table has been changed; (2)”Board,” the Water Management Board; (3)”Cone of depression,” the shape of the area of influence in cross section; (4)”Critical aquifer protection area,” all or […]
34A-3A-20.Annual fee schedule for public water systems. There is hereby imposed an annual fee upon all public water systems under the provisions of section 1411 of the Federal Safe Drinking Water Act, 42 U.S. C. 300F et seq. as amended to January 1, 2011. The fee is assessed as follows: (1)For community water systems including […]
34A-3A-22. Establishment of the drinking water administrative subfund–Source of subfund–Administration–Expenditures–Unexpended funds. There is hereby established in the environmental fee fund created in §1-41-23, the drinking water administrative subfund. This subfund shall consist of legislative appropriations, federal grants, gifts, civil penalties received for any drinking water standards violations, and fees received pursuant to §34A-3A-20. The fund […]
34A-3A-23. Owner or operator to pay fee imposed on public drinking water system–Date due. The obligation to pay the fee imposed by §34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. The fee is due and payable by July thirty-first and shall be remitted […]
34A-3A-24. Certain animal feeding operations prohibited from locating over shallow aquifer. No concentrated animal feeding operation that includes a number of animals equal to or greater than one thousand animal units may be located over a shallow aquifer unless a groundwater discharge permit has been approved in accordance with chapter 34A-2. For purposes of this […]
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 […]
34A-3A-26. Penalties for violation of chapter–Factors considered in determining penalty–Disposition of funds collected. A violation of any provision of this chapter or any rule promulgated pursuant to this chapter is subject to an administrative penalty assessed by the secretary, after notice and opportunity for hearing, pursuant to chapter 1-26. In the case of a public […]
34A-3A-27. Administrative order assessing penalty–Contents of order–Uncontested order becomes judgment–Hearing on order. A monetary penalty issued under §34A-3A-26 shall be assessed against a violator by an administrative order of the secretary. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each […]
34A-3A-28. Administrative penalty for violation of chapter. Any violation of this chapter and the rules promulgated thereunder is subject to the administrative penalty provisions of §§34A-3A-26 and 34A-3A-27 and enforcement under §34A-3A-15. Source: SL 1999, ch 181, §4.
34A-3A-3. Promulgation of rules establishing standards and compliance procedures–Violation. The Water Management Board shall promulgate rules, pursuant to chapter 1-26, establishing: (1)Safe drinking water standards with maximum contaminant levels necessary to protect public health and safety. No maximum contaminant level may be more stringent than those established under the Federal Safe Drinking Water Act, as […]
34A-3A-4. Enforcement powers of secretary. The secretary may: (1)Review and approve the location, design, plans, and specifications for the construction or modification of public water systems; (2)Conduct compliance investigations, including but not limited to, entering and inspecting systems and records of any supplier of water, to take samples and to take or to require the […]
