ARSD 74:56:01:41 – Reporting of spills and overfills.

Each UST owner or operator shall report any spill or overfill of a regulated substance that exceeds its reportable quantity under CERCLA 1980 (40 C.F.R. § 302, July 1, 1990) or threatens the waters of the state and any spill or overfill of petroleum that exceeds 25 gallons or causes a sheen on surface water to the department immediately. UST owners or operators shall contain and clean up any spill or overfill of petroleum of 25 gallons or less immediately. If the cleanup is not accomplished within 24 hours, the department or the Division of Emergency Management and applicable local agencies must be notified.

All belowground releases from the UST system in any quantity must be reported within 24 hours to the department or the Division of Emergency Management and applicable local agencies.

Immediate notification must be provided to the department or the Division of Emergency Management and applicable local agencies if any environmental impacts occur in the surrounding area from regulated substances, such as vapors or free phase product, in soils, basements, sewer lines, utility lines, or on nearby waters of the state or a gas chromatography or an equivalent method indicates that there is an increasing concentration of total hydrocarbons in a soil sample.

Note: A release of a hazardous substance equal to or in excess of its reportable quantity shall also be reported to the National Response Center immediately (notwithin24hours) under CERCLA 1980 Section 103. These reporting provisions (underCERCLA1980andRCRA1984SubtitleI) do not relieve the owner or operator of responsibility to take corrective action as necessary to protect human health and the environment, including containment and cleanup of spills that are not required to be reported.

Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:15, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:15.01, July 1, 1996; 23 SDR 131, effective February 24, 1997.

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

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