Each tank in a new UST system must be designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified in 40 C.F.R. § 280.20, as revised on July 15, 2015, for each type of tank listed. Tanks that may be used in a new UST system are as follows:

1. (1) A tank constructed of fiberglass-reinforced plastic;
2. (2) A tank constructed of coated steel that is cathodically protected with a factory- or field-installed cathodic protection system designed by a corrosion expert and is operated and maintained in accordance with § 74:56:01:14;
3. (3) A tank constructed of a steel-fiberglass-reinforced plastic composite; or

4. (4) A tank whose design, construction, and corrosion protection is determined by the department to prevent the release of any stored regulated substance in a manner that is no less protective of human health and the environment than subdivisions (1) to (3), inclusive, of this section;

   Any new tank installed after January 1, 2009, within 1,000 feet of an existing community water system or any potable drinking water well must have secondary containment and be monitored for leaks in accordance with § 74:56:01:30. Any new tank installed after October 13, 2018, must have a secondary containment and be monitored for leaks in accordance with § 74:56:01:30.

Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:02, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:02.01, July 1, 1996; 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.