At sites where investigations indicate the presence of free product, owners or operators must remove the free floating product to the maximum extent practicable while continuing, as necessary, any actions initiated under § 74:56:03:23 and while preparing for subsequent actions required under §§ 74:56:03:25 and 74:56:03:26. In meeting the requirements of this section the owners or operators shall:

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

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

   1. (a) The names of all the persons responsible and their qualifications for implementing the free product recovery plan;
   2. (b) The estimated quantity and type of product on- and off-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 quantity 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 § 74:03:30:24, July 1, 1996.

General Authority: SDCL 34A-2-93 , 34A-2-101.

Law Implemented: SDCL 34A-2-100 , 34A-2-101.