34A-3A-5. Variances of standards--Grounds for authorizing.The secretary may authorize a variance from any maximum contaminant level established in §34A-3A-3 if:(1)The raw water sources which are available to a specific system cannot meet the maximum contaminant level specified despite application of the best technology, treatment techniques, or other means which the secretary finds are generally and reasonably available, taking cost into consideration;(2)The concentration of the contaminant or contaminants, for which the maximum contaminant level is exceeded by granting such variance, will not result in unreasonable risk to health;(3)Within one year of the date of variance authorization, a schedule for compliance is issued and the owner of the supply agrees to implement the compliance schedule. Source: SL 1983, ch 260, §5.
South Dakota Legal Code