The board of secretary may grant variances on site-specific basis to the provisions of this chapter only as listed in this section. Demonstrations for variances must meet the requirements of 40 C.F.R. Part 258, as published on 56 Fed. Reg. 51,022 to 51,028, inclusive (October 9, 1991). The secretary may take the following actions:

1. (1) Determine site-specific groundwater sampling parameters based on demonstrated absences or suspected presence of the constituents in the waste stream;
2. (2) Require additional monitoring wells to be constructed and sampled;
3. (3) Designate an alternative subset of monitoring wells to be sampled for any sampling event; or

4. (4) Designate an alternative sampling frequency, not to exceed one year, based on the following:

   1. (a) Lithology, hydraulic conductivity, and groundwater flow rates;
   2. (b) Resource value of the affected groundwater;
   3. (c) Distribution and characteristics of any detected contaminant; and
   4. (d) Apparent travel distance of the contaminant.

Source: 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6 , 34A-6-1.7.