The requirements of this chapter apply to all owners or operators of an UST system except the following:

1. (1) Underground storage tank systems containing hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act of 1984, as amended to June 1, 2008, or a mixture of hazardous waste and other regulated substances;
2. (2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under § 402 or 307(b) of the Clean Water Act 1972, as amended to June 1, 2008;
3. (3) Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;
4. (4) Any UST system whose capacity is 110 gallons or less;
5. (5) Any UST system that contains a de minimis concentration of regulated substances; and

6. (6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

   Effective October 13, 2018, previously deferred underground storage tanks associated with airport hydrant fuel distribution systems and underground storage tanks used solely for emergency power generators must comply with all sections of this chapter in accordance to established effective dates.

Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:01.02, July 1, 1996; 23 SDR 131, effective February 24, 1997; 35 SDR 175, effective January 1, 2009; 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: 2009-01-01.