A responsible person shall report a known discharge of a regulated substance to the environment to the department immediately if one of the following conditions exists:

1. (1) The discharge threatens or is in a position to threaten the waters of the state;
2. (2) The discharge causes an immediate danger to human health or safety;
3. (3) The discharge exceeds 25 gallons or causes a sheen on surface water or it exceeds any groundwater quality standards of chapter 74:54:01 or surface water quality standards of chapter 74:51:01;
4. (4) The discharge harms or threatens to harm wildlife or aquatic life;
5. (5) The discharge is required to be reported according to SARA, Title III, § 304 (1986); or

6. (6) The discharge of crude oil in field activities conducted under SDCL chapter 45-9 is greater than 1 barrel (42gallons).

   The immediate report must be telephoned to the department as soon as the responsible person becomes aware of the discharge. Subsequent to the initial report, the responsible person shall immediately notify the department of information that changes the accuracy of the initial report. As directed by the department, the responsible person shall make additional reports verbally or in writing according to § 74:34:01:06.

Source: 17 SDR 48, effective October 3, 1990; 23 SDR 106, effective January 1, 1997.

General Authority: SDCL 34A-12-9.

Law Implemented: SDCL 34A-12-9.