South Dakota § 34A-2-99 - Underground storage tanks--Promulgation of rules--Violation.

§ 34A-2-99. Underground storage tanks--Promulgation of rules--Violation.

The board shall promulgate rules, pursuant to chapter 1-26, to develop:

(1)    Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;

(2)    Requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system;

(3)    Requirements for the reporting of any releases and corrective action taken in response to a release from an underground storage tank;

(4)    Requirements for taking corrective action in response to a release from an underground storage tank. The standards relating to cleanup of petroleum contamination must be based upon risk to human health and safety as determined by the board. The board may adopt standards relating to cleanup of contamination consistent with the American Society for Testing and Materials Standard E1739-95R15, Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2024, or other generally accepted risk-based cleanup methods;

(5)    Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;

(6)    Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank;

(7)    Standards of performance for new underground storage tanks;

(8)    Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational underground storage tank;

(9)    Requirements for providing the information required on the form issued pursuant to the Regulation of Underground Storage Tanks, 42 U.S.C. § 6991a(b)(2) (January 1, 2024).

A violation of rules promulgated pursuant to this section is subject to § 34A-2-75.

Source: SL 1985, ch 284, § 2; SL 1992, ch 158, § 31C; SL 1995, ch 204, § 2; SL 2011, ch 165, § 61; SL 2024, ch 145, § 3.