Leak detection systems must be monitored at least once a month. Upon detection of any liquid within the monitoring system, the operator of the bulk commercial fertilizer storage facility must comply with the following immediately:

1. (1) Notify the Department of Agriculture and Natural Resources or the division of emergency and disaster services of the finding;
2. (2) Obtain a sample of the liquid and submit the sample to a reputable laboratory for an analysis to determine if the sample is contaminated with fertilizer or pesticide or both;
3. (3) Take necessary action to determine the cause of the liquid entering the leak detection system and correct the cause; and
4. (4) Provide the Department of Agriculture and Natural Resources with a copy of the sample analysis results as soon as they are available.

Source: 15 SDR 194, effective July 1, 1989 ; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021 .

General Authority: SDCL 38-19-36 , 38-19-36.1 , 38-19-36.2.

Law Implemented: SDCL 38-19-36 , 38-19-36.1 , 38-19-36.2.

Prior versions effective: 1989-07-01.