At sites where an owner or operator's investigations under § 74:56:01:45 indicate the presence of free product, the owner or operator shall remove free-floating product to the maximum extent practicable while continuing, as necessary, any actions initiated under § 74:56:01:45 and while preparing for subsequent actions required under § 74:56:01:48. In meeting the requirements of this section, the owner or operator shall:

1. (1) Conduct free product recovery in such a manner that the actions do not spread contamination into previously uncontaminated areas through untreated discharge or improper disposal techniques;
2. (2) Handle any flammable products in a manner to prevent fires or explosions; and

3. (3) Unless directed to do otherwise by the department, prepare and submit within 30 days a free product removal report to the department that provides at least the following information:

   1. (a) The name of the person or persons responsible for implementing the plan;
   2. (b) The estimated quantity and type of product on-site and the product thickness in wells, boreholes, and excavations;
   3. (c) Details of the product recovery system;
   4. (d) Whether any discharge will take place on- or off-site during the recovery operation;
   5. (e) The type of treatment and expected effluent quality from any discharge; and
   6. (f) The disposition of the recovered product.

Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:20, July 1, 1996.

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

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