S.D. Admin. R. 74:56:01:54

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

Section 74:56:01:54 - Permanent closure

If an UST system is taken out of service for longer than 12 months, it shall be permanently closed, if it does not meet either performance standards in § 74:56:01:04 for new UST systems or upgrading requirements in § 74:56:01:10, except that the spill and overfill equipment requirements in § 74:56:01:07 do not have to be met. Owners and operators must permanently close substandard UST systems at the end of this 12 month period, unless the department provides an extension of the 12 month temporary closure period.

At least 30 days before permanent closure, the owner or operator shall notify the department and assess the excavation area around the UST system for releases. This requirement is satisfied if one of the external monitoring release detection methods allowed under § 74:56:01:24 is in use at the site at the time of closure or if the owner or operator uses:

(1) Portable gas chromatograph mapping;

(2) Laboratory analysis of soil samples for hydrocarbon or chemical contamination in the unsaturated zone;

(3) Laboratory analysis of groundwater surrounding the tank for released product; or

(4) An equivalent site assessment method that has been approved by the department.

This provision applies to all UST system closures that took place before November 29, 1987, and were not removed from the ground or filled with an inert solid material.

S.D. Admin. R. 74:56:01:54

14 SDR 76, effective 11/29/1987; transferred from § 74:03:28:29, 18 SDR 62, effective 10/10/1991; transferred from § 74:03:28:31, July 1, 1996; 44 SDR 192, effective 6/28/2018

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

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