South Dakota § 34-38-30 - Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.
Full text of South Dakota South Dakota Codified Laws § 34-38-30 — Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor., with citation guidance and answers to common questions.
§ 34-38-30. Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.
No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow.
If an aboveground storage tank is at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device such as a normally-closed solenoid valve that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser if the piping or hose fails.
If a submersible pump system is used, a listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device which is designed to close automatically in the event of severe impact or fire exposure, shall be installed in accordance with the manufacturer's instructions in the supply line at the base of each individual island-type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip joint feature may not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold-open linkage.
If a suction pump-type dispensing device is used, a listed, vacuum-actuated shut-off valve, with a shear section, or an equivalent-type valve shall be installed directly beneath each dispensing device.
Shut-off and check valve shall be equipped with a pressure-relieving device to relieve the pressure generated by thermal expansion back to the tank and piping shall be routed so that exposure to physical damage is minimized.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1991, ch 269, § 8.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-38-30
What does South Dakota Codified Laws § 34-38-30 cover?
Section 34-38-30 ("Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.") 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 § 34-38-30?
A common citation format is "South Dakota Codified Laws § 34-38-30" (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 § 34-38-30 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.