S.D. Admin. R. 74:28:28:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:28:28:03 - Assessment of existing tank system's integrity

For each tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 265.193, the owner or operator must determine that the tank system is not leaking or is unfit for use.

The owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in South Dakota in accordance with 40 C.F.R. § 270.11(d), that attests to the tank system's integrity by January 12, 1988, for HSWA tanks and September 14, 1990, for non-HSWA tanks.

Tank systems that store or treat materials that become hazardous wastes subsequent to July 14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct this assessment within 12 months after the date that the wastes become a hazardous waste.

S.D. Admin. R. 74:28:28:03

24 SDR 11 effective 8/5/1997; 26 SDR 26, effective 8/29/1999; 27 SDR 59, effective 12/12/2000; 28 SDR 24, effective 8/29/2001; 29 SDR 21, effective 8/28/2002; 30 SDR 26, effective 9/1/2003; 31 SDR 23, effective 8/29/2004; 34 SDR 68, effective 9/13/2007; 35 SDR 88, effective 10/27/2008; 36 SDR 44, effective 9/28/2009; 38 SDR 58, effective 10/18/2011; 40 SDR 61, effective 10/10/2013; 44 SDR 43, effective 9/12/2017; 46 SDR 026, effective 9/3/2019; 50 SDR 019, effective 8/28/2023

General Authority: SDCL 34A-11-9.

Law Implemented: SDCL 34A-11-9, 34-11-10, 34A-11-12, 34A-11-16.