S.D. Admin. R. 12:44:05:01

Current through Register Vol. 51, page 57, November 12, 2024

Section 12:44:05:01 - Definitions

Terms defined in SDCL 38-19-1 have the same meaning in this chapter. In addition, terms used in this chapter mean:

(1) "Bulk commercial fertilizer storage facility," any area, location, tract of land, building, structure, or premises constructed in accordance with this chapter and used for the storage of bulk commercial fertilizer;

(2) "Bulk commercial fertilizer," any volume of a commercial fertilizer that is transported or held for resale in an immediate reusable container in undivided quantities greater than 100 pounds net dry weight or 55 U.S. gallons liquid measure;

(3) "Clay soil," a substance consisting of a mixture of the following components in the stated percentages of total soil weight: clay particles of the size of .02 mm or less (40 percent minimum); silt particles of the size of .05 mm to .002 mm (40 percent maximum); fine sand particles of the size of .25 mm to .05 mm (45 percent maximum);

(4) "Container," a package, can, bottle, bag, barrel, drum, tank, building, or other containing device used to enclose a commercial fertilizer, but not spray application tanks and nurse tanks;

(5) "Liquid bulk commercial fertilizer," nitrogen solutions and liquid mixed fertilizers, including clear liquids, suspensions of solids in liquids, and slurry-type mixtures requiring constant stirring to keep the solids suspended in the liquid;

(6) "Nonpermanent bulk commercial fertilizer storage containers," mobile containers that are positioned on or are a part of movable equipment, such as trucks, trailers, and tank cars;

(7) "Permanent bulk commercial fertilizer storage containers," containers that are not positioned on or are not a part of movable equipment, such as trucks and trailers, but rest on solid ground or skid platforms;

(8) "Storage facility," a location where one or more permanent bulk commercial fertilizer storage containers capable of holding more than 300 gallons of liquid fertilizer or more than 100 pounds of nonliquid fertilizer are stored; and

(9) "Storage site," a location established before July 1, 1989, where one or more permanent bulk commercial fertilizer storage containers capable of holding more than 300 gallons of liquid fertilizer or more than 100 pounds of nonliquid fertilizer are stored.

S.D. Admin. R. 12:44:05:01

15 SDR 194, effective 7/1/1989.

General Authority: SDCL 38-19-36, 38-19-36.1.

Law Implemented: SDCL 38-19-1, 38-19-36, 38-19-36.1.