S.D. Admin. R. 74:56:01:11

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

Section 74:56:01:11 - Notification requirements for UST systems

All owners or operators of UST systems shall comply with the following notification requirements:

(1) Owners or operators of UST systems currently in use must submit, on the notification form provided by the department, a notice of existence of such UST systems to the department and any designated local notification agency;

(2) Owners or operators of UST systems taken out of operation after January 1, 1974, (unless the owners or operators know that such UST systems have been removed from the ground) must submit, on the notification form provided by the department, a notice of the existence of such UST systems to the department and any designated local notification agency;

(3) Any owners or operators who bring UST systems into use or upgrade an existing UST system after May 8, 1986, must submit UST installation plans and specifications at least 30 days before installation to the department and any designated local notification agency for review and approval. Installation of the UST system may not begin without prior approval of the department;

(4) Within 30 days after installing a new UST or upgrading an existing UST system in accordance with approved plans and specifications, owners or operators must notify the department on a notification form provided by the department;

(5) Owners or operators may provide notice for several UST systems using one notification form, but owners or operators who own UST systems located at more than one place of operation must file a separate notification form for each separate place of operation;

(6) Notices to be submitted under subdivisions (1) to (3), inclusive, of this section must provide all information indicated on the notification form for each tank. Owners or operators must notify the department of any changes to the information stated on the notification form within 30 days after the change;

(7) Any person who sells a tank intended to be used as an UST must notify the purchaser of the tank of the notice obligations of owners or operators under subdivisions (1) to (3), inclusive, of this section;

(8) Within 30 days of acquisition, any person who assumes ownership of a regulated underground storage tank system must submit a notice of the ownership change to the department and any designated local notification agency on the Change of Ownership form provided by the department;

(9) Subdivisions (1) to (3), inclusive, of this section do not apply to tanks for which notice was given pursuant to § 103(c) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

S.D. Admin. R. 74:56:01:11

14 SDR 76, effective 11/29/1987; 18 SDR 62, effective 10/10/1991; transferred from § 74:03:28:04, July 1, 1996; 23 SDR 131, effective 2/24/1997; 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.