S.D. Admin. R. 74:56:03:21 - Reporting of suspected releases and spills

Reporting requirements for suspected releases and spills are as follows:

(1) All AST system owners or operators must report all suspected releases immediately to the designated state and local agencies when any of the following conditions exist:

(a) The testing, sampling, or monitoring results from a release detection method that indicates a release may have occurred;

(b) Unusual operating conditions such as the sudden loss of regulated substance from the AST system, indicating the presence of the regulated substance or vapors outside the AST system;

(c) Impacts occurring in the surrounding area such as evidence of regulated substances or resulting vapors in soils, basements, sewer lines, utility lines, or nearby waters of the state; and

(d) An indication from a gas chromatography or equivalent method that there is an increasing concentration of total hydrocarbons in a soil sample;

(2) Any spill or overfill of a hazardous substance that exceeds its reportable quantity under CERCLA ( 40 C.F.R. § 302, 1980) or threatens the waters of the state shall be contained, cleaned up, and reported to designated state and local agencies immediately;

(3) Any spill or overfill of petroleum that exceeds 25 gallons, causes a sheen on the waters of the state, or threatens the waters of the state shall be contained and cleaned up and shall be reported to the designated state and local agencies immediately;

(4) Any spill or overfill of petroleum shall be contained and cleaned up immediately. If the cleanup cannot be accomplished within 24 hours, the department, Division of Emergency Management, and applicable local agencies must be notified within 24 hours.

Notes

S.D. Admin. R. 74:56:03:21

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

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

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