South Dakota § 34-38-23 - Definition of terms.

Full text of South Dakota South Dakota Codified Laws § 34-38-23 — Definition of terms., with citation guidance and answers to common questions.

§ 34-38-23. Definition of terms.

Terms used in this chapter mean:

(1)    "Aboveground storage tank," a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building;

(2)    "Authority having jurisdiction," the local or state governing organization, office, or individual responsible for approving equipment, installation, or procedure;

(3)    "Combustible liquid," a liquid having a flash point at or above 100 degrees Fahrenheit, (37.8 degrees Celsius);

(4)    "Department," the Department of Public Safety;

(5)    Repealed by SL 2006, ch 185, § 5;

(6)    "Flammable liquid," a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty psia (2,068 mm hg) at 100 degrees Fahrenheit (37.8 degrees Celsius) shall be known as a class I liquid;

(7)    "Listed," equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner; and

(8)    "Retail sale," the sale of flammable and combustible liquids for any purpose other than for resale.

Source: SL 1991, ch 269, § 1; SL 2003, ch 272, §§ 20, 121; SL 2004, ch 17, § 225; SL 2006, ch 185, § 5.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 34-38-23

What does South Dakota Codified Laws § 34-38-23 cover?

Section 34-38-23 ("Definition of terms.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 34-38-23?

A common citation format is "South Dakota Codified Laws § 34-38-23" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 34-38-23 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.