All community and NTNC systems may apply to the department for a waiver for the asbestos monitoring specified in 40 C.F.R. § 141.23(b) (July 1, 2018). Conditions for the granting of a waiver are as follows:

1. (1) For a waiver to be granted, the water system must not be vulnerable to asbestos contamination in its source water and must meet one of the following conditions:

   1. (a) No asbestos-cement materials may be present as a source construction material or in the distribution system; or

   2. (b) If asbestos-cement materials are present in the source or in the distribution system, the water must be noncorrosive as determined by the Langelier Index as specified in 40 C.F.R. § 141.42(c) (July 1, 2018).

      The system must submit written evidence of compliance with subdivisions 1(a) or 1(b) of this section and a completed waiver application to the department. If the use of asbestos in the system is unknown, the waiver may not be granted;

2. (2) A system that is granted a waiver is not required to sample for asbestos while the waiver is in effect;
3. (3) The waiver remains in effect until the completion of the compliance cycle. A system must reapply for a waiver for each subsequent compliance cycle; and
4. (4) The decision by the department to grant a waiver must be in writing and shall establish the basis for the waiver determination. The determination may be initiated by the department or upon application by a public water system. The public water system must specify the basis for its waiver request. The department shall review and may revise its determination of the appropriate monitoring frequency if the system submits new monitoring data or if other data relevant to the system's appropriate monitoring frequency become available.

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010 ; 45 SDR 159, effective July 1, 2019 .

General Authority: SDCL 34A-3A-3.

Law Implemented: SDCL 34A-3A-3(2).

Prior versions effective: 2010-01-11.