A responsible person shall immediately report a known release of petroleum products to the department if one of the following conditions exists:

1. (1) The release may impact surface or ground waters of the state;
2. (2) The release may cause an immediate danger to human health or safety;
3. (3) The release is greater than 25 gallons; or

4. (4) The release is less than 25 gallons but cannot be contained and remedied within 24 hours.

   The immediate report shall be telephoned to the department or the Division of Emergency Management as soon as the responsible person becomes aware of the release. Within 48 hours after the release notification the responsible person shall verify the accuracy of any report submitted to the department by the Division of Emergency Management or shall complete the report in writing according to § 74:32:05:04.

Source: 15 SDR 72, effective November 17, 1988; 17 SDR 94, effective January 6, 1991.

General Authority: SDCL 34A-13-5.

Law Implemented: SDCL 34A-13-5 , 34A-13-13.