Upon confirmation of an actual release or discovery of a release in any other manner, each UST owner or operator shall take the following actions:

1. (1) Report the release to the designated state and local agencies in accordance with § 74:56:01:40;
2. (2) Stop any further release from the UST system;
3. (3) Mitigate fire and safety hazards;
4. (4) Remove and properly dispose of accessible visibly contaminated soil from the excavation zone;
5. (5) Report in writing initial corrective action taken, including a verification of tank repair or closure if applicable, to the department within 20 days after confirmation or discovery of the release; and

6. (6) Conduct an investigation to determine the possible presence of free product and initiate free product removal as soon as practicable.

   The information collected by the owner or operator during the course of the investigation to determine the presence of free product must be submitted to the department according to the schedule established by the department under § 74:56:01:48. The department may request the collection and submission of additional information or a corrective action plan for additional soil or groundwater cleanup.

Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:25, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:19, 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.