S.D. Admin. R. 74:56:01:42

Current through Register Vol. 51, page 34, September 9, 2024

Section 74:56:01:42 - Release investigation and confirmation

Unless corrective action is initiated by the owner or operator or is otherwise directed by the department, all suspected releases requiring reporting under § 74:56:01:40 must be immediately investigated by the owner or operator using one of the procedures listed in this section. If one of these methods confirms a release, the owner and operator must comply with the requirements for corrective action in §§ 74:56:01:44 to 74:56:01:51, inclusive. The methods are as follows:

(1) A site-specific investigation, under the direction of the department, of the suspected release incident to determine if a release has occurred;

(2) In the case of an UST system that has secondary containment, an investigation of a possible release into the interstitial area between the UST and the secondary barrier using procedures that will determine if the interstitial monitoring is working properly;

(3) In the case of a failed tank or piping tightness test;

(a) A check of inventory records in accordance with the requirements in subdivision 74:56:01:26(2) to detect a discrepancy that indicates a release may have occurred;

(b) Retesting the piping within seven days after the initial report to the department in accordance with the requirements in subdivision 74:56:01:26(1) to determine if a release may have occurred;

(c) Retesting the tank within seven days after the initial reporting to the department in accordance with the requirements in subdivision 74:56:01:26(1) to determine if a release may have occurred after the top of the tank has been excavated and all loose fittings, vent pipes, or other equipment have been checked, replaced, or tightened; and

(d) Laboratory analysis of soil samples for regulated substances in the unsaturated zone and, if applicable, visual inspection of the groundwater under the UST system;

(4) In the case of a discrepancy during inventory reconciliation in accordance with subdivision 74:56:01:26(2) or any other suspected release, an investigation conducted in the following manner:

(a) A tightness test of the tanks and piping in accordance with the requirements in subdivision 74:56:01:26(1) that is conducted within seven days after the initial report to the department to determine if a release may have occurred; and

(b) Laboratory analysis of soil samples for regulated substances in the unsaturated zone and, if applicable, visual inspection of the groundwater under the UST system; or

(5) Any other investigative procedure that is no less stringent than any of the procedures in subdivisions (1) to (4), inclusive, of this section and is approved for the UST system by the department.

S.D. Admin. R. 74:56:01:42

14 SDR 76, effective 11/29/1987; 18 SDR 62, effective 10/10/1991; transferred from

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

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