S.D. Admin. R. 74:56:01:01

Current through Register Vol. 51, page 34, September 9, 2024

Section 74:56:01:01 - Definitions

Terms used in this chapter mean:

(1) "Aboveground release," any release to the surface of the land or to surface water, including a release from the aboveground portion of an underground storage tank system and releases associated with overfills and transfer operations during deliveries of regulated substances to or dispensing them from an UST system;

(2) "Airport hydrant fuel distribution system," means an underground storage tank system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier;

(8) "CERCLA," means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;

(9) "Class A operator," means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the implementing agency. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements;

(10) "Class B operator," means the individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the implementing agency. The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the UST system;

(11) "Class C operator," means the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances;

(12) "Coated steel," the application of a coating of a dielectric material that is compatible with the material in the metal and that separates the exterior surface of the metal from the environment;

(13) "Compatible," the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for extended periods of time and under varied environmental conditions, i.e., at different temperatures;

(14) "Community water system," a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents;

(15) "Connected piping," all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow;

(16) "Consumptive use," heating oil burned on the premises;

(17) "Containment sump," means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump);

(18) "Corrosion expert," a person who, because of the person's knowledge of the physical sciences and the principles of engineering and mathematics, which was acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks and is certified as being qualified by the National Association of Corrosion Engineers (NACE) or is a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks;

(19) "Department," means the Department of Environment and Natural Resources;

(20) "Dispenser," any equipment that is used to control transfer of regulated substances out of the regulated UST system to an unregulated point of use, such as a vehicle;

(21) "Dispenser system," means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system;

(22) "Electrical equipment," underground equipment which contains dielectric fluid which is necessary for the operation of equipment such as transformers and buried electrical cable;

(23) "Excavation area," the area containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation;

(24) "Existing tank system," a tank system that is used to contain an accumulation of regulated substances or for which installation has commenced on or prior to November 30, 1987;

(25) "Farm tank," a tank located on a farm, which is a tract of land devoted to the production of crops or raising of animals, including fish, with its associated residences and improvements, and includes fish hatcheries, rangeland, and nurseries with growing operations;

(26) "Field constructed tank," means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed;

(27) "Flow-through process tank," a tank that forms an integral part of an industrial or commercial process through which there is a steady or uninterrupted flow of materials during the operation of the process;

(28) "Free product," a regulated substance in the nonaqueous phase (liquid not dissolved in water);

(29) "Gathering lines," any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations;

(30) "Groundwater," waters of the state;

(31) "Hazardous substance tank system" or "hazardous substance UST," an underground storage tank system that contains a hazardous substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended to July 1, 2008, other than any substance regulated as a hazardous waste under Subtitle C of the Solid Waste Disposal Act of 1984 (RCRA), as amended to July 1, 2008, or a mixture of such substances and petroleum, but which is not a petroleum UST system as defined in this section;

(32) "Heating oil," a type of fuel oil that is one of eight technical grades; a fuel oil substitute such as kerosene or diesel when it is used for heating purposes;

(33) "Hydraulic lift tank," a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air and hydraulic fluid to operate lifts, elevators, and similar devices;

(35) "Interstitial monitoring," a leak detection method which entails the surveillance of the space between an UST system's walls and the secondary containment system for a change in steady state conditions;

(36) "Inventory controls," techniques used to identify a loss of product that are based on volumetric measurements in the tank and reconciliation of those measurements with product delivery and withdrawal records;

(37) "Liquid trap," sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations, including gas production plants, for the purpose of collecting oil, water, and other liquids, temporarily collecting liquids for subsequent disposition or reinjection into a production or pipeline stream, or collecting and separating liquids from a gas stream;

(38) "Maintenance," means the normal operational upkeep to prevent an underground storage tank system from releasing product;

(39) "Motor fuel," a petroleum-based fuel used in the operation of an engine that propels a vehicle for transportation of people or cargo;

(40) "New tank system," an UST system for which installation commences after November 30, 1987;

(41) "Noncommercial purposes," motor fuel that is not for resale;

(42) "On the premises where stored," heating oil UST systems that are located on the same property where the stored heating oil is used;

(43) "Operational life," the period beginning from the time when the installation of the tank system is commenced until it is closed under § 74:56:01:54;

(44) "Operator," any person in control of, or having responsibility for, the daily operation of the UST system;

(45) "Overfill release," a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment;

(46) "Owner," any person who owns or operates an UST system used for storage, use, or dispensing of regulated substances in use on November 8, 1984, or brought into use after that date; and any person who owned or operated an UST immediately before the discontinuation of its use in the case of any UST system in use before November 8, 1984;

(47) "Person," an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the United States government;

(48) "Petroleum," crude oil, crude oil fractions, and refined petroleum fractions, including gasoline, kerosene, heating oils, and diesel fuels;

(49) "Petroleum tank system," "petroleum UST," an UST system that contains an accumulation of petroleum or a mixture of petroleum with de minimis quantities of other regulated substances;

(50) "Petroleum underground storage tank," a tank containing a regulated substance;

(51) "Pipeline facilities (including gathering lines)," new and existing pipe rights-of-way and any equipment, facilities, or buildings regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672, et seq.), the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002, et seq.), all as amended to July 1, 2008, or an intrastate pipeline facility regulated under state laws comparable to the provisions of federal law cited in this definition;

(52) "Positive sampling, test, or monitoring results," the results of sampling, testing, or monitoring that indicates a release from an UST system has occurred;

(53) "Potable drinking water well," any hole (dug, driven, drilled, or bored) that extends into the earth until it meets ground water that supplies water for a noncommunity public water system or otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses);

(54) "Regulated substance," any substance defined in § 101(14) of CERCLA 1980, as amended to July 1, 2008, but not including any substance regulated as a hazardous waste under Subtitle (C); petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure;

(55) "Release," any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils;

(56) "Release detection," determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial area between the UST system and a secondary barrier around it;

(57) "Repair," to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly;

(58) "Replaced," (1) For a tankto remove a tank and install another tank. (2) For pipingto remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run;

(59) "Residential tank," a tank located on property used primarily for dwelling purposes;

(60) "Secondary containment," a release prevention and release detection system for an underground tank or piping or both. The release prevention part of secondary containment is an underground tank or piping having an inner and outer barrier. Between these two barriers is a space for monitoring. The release detection part of secondary containment is a method of monitoring the space between the inner and outer barriers for a leak or release of regulated substances from the underground tank or piping. Secondary containment must contain regulated substances released from the tank system until they are detected and removed and must prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system;

(61) "Septic tank," a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building, whose effluent is distributed for disposal through the soil and whose settled solids and scum are pumped out periodically and hauled to a treatment facility;

(62) "Stormwater or wastewater collection system," piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur;

(63) "Sump," any pit or reservoir that meets the definition of tank, including troughs or trenches connected to it, that serves to temporarily collect regulated substances;

(64) "Surface impoundment," a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is designated to hold an accumulation of regulated substances and that is not an injection well;

(65) "Surface water," waters of the state;

(66) "Tank," a stationary device designed to contain an accumulation of regulated substances that is constructed of nonearthen materials, such as concrete, steel, or plastic, that provide structural support;

(67) "Tightness testing," a procedure for testing the ability of a tank system to prevent an inadvertent release of any stored substance into the environment or, in the case of an UST system, intrusion of groundwater into the tank system;

(68) "Training program, "any program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through testing, practical demonstration, or another approach acceptable to the department regarding requirements for UST systems;

(69) "Under-dispenser sump," containment underneath a dispenser that prevents leaks from the dispenser from reaching soil or ground water;

(70) "Underground area," an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor;

(71) "Underground release," any below ground release;

(72) "Under-dispenser sump," means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the under-dispenser sump from reaching soil or groundwater;

(73) "Upgrade," the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product;

(74) "UST," underground storage tank;

(75) "UST system" or "tank system," an underground storage tank and its associated ancillary equipment and containment system;

(76) "Unsaturated zone," the subsurface zone containing water under pressure less than that of the atmosphere, including water held by capillary forces within the soil and containing air or gases generally under atmospheric pressure, limited above by the ground surface and below by the upper surface of the zone of saturation, i.e., the water table;

(77) "Wastewater treatment tank," a tank that is part of a wastewater treatment facility regulated under either Section 402 or 307(b) of the Clean Water Act (1972), as amended to July 1, 2008, and which receives and treats or stores an influent wastewater which contains regulated substances.

S.D. Admin. R. 74:56:01:01

14 SDR 76, effective 11/29/1987; 18 SDR 62, effective 10/10/1991; transferred from § 74:03:28:01, July 1, 1996; 35 SDR 175, effective 1/1/2009; 44 SDR 192, effective 6/28/2018

General Authority: SDCL 34A-2-93, 34A-2-99.

Law Implemented: SDCL 34A-2-98, 34A-2-99.