An underground storage tank is any tank or combination of tanks, including the underground pipes connected to it, that is used to contain an accumulation of regulated substances, the volume of which, including the volume of the connected underground pipes, is 10 percent or more beneath the surface of the ground. The term does not include any of the following:

1. (1) A farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
2. (2) A tank used for storing heating oil for consumptive use on the premises where stored;
3. (3) A septic tank;

4. (4) A pipeline facility, including gathering lines, regulated under one of the following:

   1. (a) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672, et seq.); or
   2. (b) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002, et seq.); or
   3. (c) An intrastate pipeline facility, including gathering lines, regulated under state laws comparable to the provisions of federal law cited to in this subdivision;
5. (5) A surface impoundment, pit, pond, or lagoon;
6. (6) A storm water or wastewater collection system;
7. (7) A flow-through process tank;
8. (8) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

9. (9) A storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated on or above the surface of the floor.

   The term "underground storage tank" or "UST" does not include any pipes connected to a tank that is described in subdivisions (1) to (9), inclusive, of this section.

Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:01, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:01.01, July 1, 1996; 44 SDR 192, effective June 28, 2018.

General Authority: SDCL 34A-2-93 , 34A-2-99.

Law Implemented: SDCL 34A-2-98 , 34A-2-99.

Prior versions effective: 1996-07-01.