S.D. Admin. R. 74:56:03:23

Current through Register Vol. 51, page 71, January 6, 2025

Section 74:56:03:23 - Initial abatement requirements for corrective action for releases from AST systems

Initial abatement requirements for corrective action for releases are as follows:

(1) Upon confirmation of a release, the owners or operators of AST systems shall undertake the following initial abatement requirements for corrective action:

(a) Immediately report the release to the designated state and local agencies;

(b) Stop any further release from the AST system;

(c) Mitigate fire, safety, and health hazards;

(d) If the material was released to a secondary containment system, remove all released materials within 24 hours or as determined by the department;

(e) Remediate all contaminated soil in accordance with chapter 74:56:05;

(f) Report in writing to the department the initial corrective action taken, including a verification of AST system repair or closure if appropriate, within 20 days after confirmation or discovery of the release;

(g) Conduct a department-approved investigation to determine the possible presence of free product and initiate free product removal in accordance with § 74:56:03:24;

(2) The owners or operators must assemble from investigations of the site and the release the information considered necessary by the department for completing the corrective action measures required in subdivision (1) of this section. This information may include the following:

(a) Data on the nature and estimated quantity of the release;

(b) Data from surface and subsurface soil sampling and analyses;

(c) Data for groundwater or surface water sampling and analyses, or both;

(d) Data from available sources or site investigations, or both, concerning surrounding populations, water quality and use, well locations, subsurface soil conditions, climatological conditions, and land usage; and

(e) The overall extent, both vertically and horizontally, of the limits of contamination;

(3) The information collected by the owners or operators during the course of the investigation under subdivision (2) of this section must be submitted to the department according to the schedule established by the department. The department may request the collection and submission of additional information or a corrective action plan, or both, for additional cleanup of soil or waters of the state.

S.D. Admin. R. 74:56:03:23

14 SDR 76, effective 11/29/1987; 18 SDR 62, effective 10/10/1991; transferred from

General Authority: SDCL 34A-2-93, 34A-2-101.

Law Implemented: SDCL 34A-2-100, 34A-2-101.