South Dakota § 34A-2-98 - Underground storage tanks--Definitions.

§ 34A-2-98. Underground storage tanks--Definitions.

Terms used in this section and § 34A-2-99 mean:

(1)    "Department," Department of Agriculture and Natural Resources;

(2)    "Local designated agencies," agencies of subdivisions of state government which are designated by the Governor to carry out specific portions of this section and § 34A-2-99;

(3)    "Nonoperational storage tank," any underground storage tank in which regulated substances may not be deposited or from which regulated substances may not be dispensed;

(4)    "Regulated substance," any substance defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14) (January 1, 2024), but not including any substance regulated as a hazardous waste under subtitle (C), and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute; and

(5)    "Underground storage tank," any tank or combination of tanks, including connected underground pipes, which contains an accumulation of regulated substances, and the volume of which, including the volume of the connected underground pipes, is ten percent or more beneath the surface of the ground. This term does not include:

(a)    A farm or residential tank with a capacity of one thousand one hundred gallons or less used for storing motor fuel for noncommercial purposes;

(b)    A tank used for storing heating oil for consumptive use on the premises where stored;

(c)    A septic tank;

(d)    A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq. (January 1, 2024), the Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. § 60101 et seq. (January 1, 2024), or a pipeline which is an intrastate pipeline facility regulated under state laws comparable to the provisions of law referred to above;

(e)    A surface impoundment, pit, pond or lagoon;

(f)    A storm water or wastewater collection system;

(g)    A flow-through process tank;

(h)    A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;

(i)    A storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor; and

(j)    Any pipes connected to any tank described in subsections (a) to (i), inclusive, of this subdivision.

Source: SL 1985, ch 284, § 1; SL 2011, ch 165, § 60; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 145, § 2.