BULK COMMERCIAL FERTILIZER STORAGE
Section
12:44:05:01 Definitions.
12:44:05:02 Permanent liquid bulk commercial fertilizer storage containers.
12:44:05:03 Liquid bulk commercial fertilizer storage facility construction.
12:44:05:04 Repealed.
12:44:05:05 Repealed.
12:44:05:06 Nonliquid bulk commercial fertilizer secondary containment.
12:44:05:07 Secondary containment.
12:44:05:08 Leak detection requirements.
12:44:05:09 Monitoring leak detection systems.
12:44:05:10 Records of monitoring.
12:44:05:11 Disposal of contaminated liquid or material within secondary containment.
12:44:05:12 Alternative means of secondary containment for secondary containment constructed after July 1, 1989.
12:44:05:13 New storage facility location.
12:44:05:14 Repealed.
12:44:05:15 Requirements for new bulk commercial fertilizer storage facilities.
12:44:05:16 Bulk commercial fertilizer storage facility permit.
12:44:05:17 Bulk commercial fertilizer storage facility conditional permit.
12:44:05:18 Bulk commercial fertilizer storage site inspection.
12:44:05:19 Bulk commercial fertilizer storage facility inspection.
12:44:05:20 Alteration of existing permitted bulk commercial fertilizer storage facility.
12:44:05:21 Notice of bulk commercial fertilizer storage facility inspection.
12:44:05:22 Repealed.
12:44:05:23 Required plans and specifications for bulk commercial fertilizer storage facilities.
12:44:05:24 Secretary to be notified of name of contractor.
12:44:05:25 Contents of bulk commercial fertilizer storage facility permit application.
12:44:05:26 Underground storage.
12:44:05:27 Commercial fertilizer loading and mixing areas.
12:44:05:28 Wash waters and rinsates.
12:44:05:29 Spills.
12:44:05:01. Definitions. Terms defined in SDCL 38-19-1 have the same meaning in this chapter. In addition, terms used in this chapter mean:
(1) "Bulk commercial fertilizer storage facility," any area, location, tract of land, building, structure, or premises constructed in accordance with this chapter and used for the storage of bulk commercial fertilizer;
(2) "Bulk commercial fertilizer," any volume of a commercial fertilizer that is transported or held for resale in an immediate reusable container in undivided quantities greater than 100 pounds net dry weight or 55 U.S. gallons liquid measure;
(3) "Clay soil," a substance consisting of a mixture of the following components in the stated percentages of total soil weight: clay particles of the size of .02 mm or less (40 percent minimum); silt particles of the size of .05 mm to .002 mm (40 percent maximum); fine sand particles of the size of .25 mm to .05 mm (45 percent maximum);
(4) "Container," a package, can, bottle, bag, barrel, drum, tank, building, or other containing device used to enclose a commercial fertilizer, but not spray application tanks and nurse tanks;
(5) "Liquid bulk commercial fertilizer," nitrogen solutions and liquid mixed fertilizers, including clear liquids, suspensions of solids in liquids, and slurry-type mixtures requiring constant stirring to keep the solids suspended in the liquid;
(6) "Nonpermanent bulk commercial fertilizer storage containers," mobile containers that are positioned on or are a part of movable equipment, such as trucks, trailers, and tank cars;
(7) "Permanent bulk commercial fertilizer storage containers," containers that are not positioned on or are not a part of movable equipment, such as trucks and trailers, but rest on solid ground or skid platforms;
(8) "Storage facility," a location where one or more permanent bulk commercial fertilizer storage containers capable of holding more than 300 gallons of liquid fertilizer or more than 100 pounds of nonliquid fertilizer are stored; and
(9) "Storage site," a location established before July 1, 1989, where one or more permanent bulk commercial fertilizer storage containers capable of holding more than 300 gallons of liquid fertilizer or more than 100 pounds of nonliquid fertilizer are stored.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1.
Law Implemented: SDCL 38-19-1, 38-19-36, 38-19-36.1.
12:44:05:02. Permanent liquid bulk commercial fertilizer storage containers. Individual permanent liquid bulk commercial fertilizer storage containers, except anhydrous ammonia storage containers, capable of holding more than 300 gallons must be located within a bulk commercial fertilizer storage facility.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1.
Law Implemented: SDCL 38-19-36, 38-19-36.1.
12:44:05:03. Liquid bulk commercial fertilizer storage facility construction. A person may not construct a liquid bulk commercial fertilizer storage facility for the storage of permanent liquid bulk commercial fertilizer storage containers without a means of secondary containment.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:06. Nonliquid bulk commercial fertilizer secondary containment. Unless stored in a totally enclosed building, all nonliquid fertilizer materials must be covered and stored within a secondary containment structure. The building must be constructed so as to not allow seepage or spillage of fertilizer materials from the building under normal storage conditions.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:07. Secondary containment. Secondary containment constructed after July 1, 1989, must be constructed according to professional engineering practices, which include the following:
(1) The walls and base must be constructed by means of one of the following:
(a) A synthetic liner at least 30 mils thick beneath 12 inches of compacted soil sufficient to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of the discharged liquid;
(b) Concrete, excluding bricks and unreinforced blocks, of sufficient thickness and strength to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of the discharged liquid; or
(c) Cross-linked polyolefin, which is crosslinkable high density polyethylene, Type 3, Class B, Category 5 resin with a minimum of 0.5 percent carbon black, as defined in American Society for Testing and Materials (ASTM) standard D 1248-84, constructed with a minimum thickness of 3/8 inch, ultraviolet stabilized for outdoor use to give excellent outdoor weatherability, and with a low temperature impact strength of a minimum of 90 foot pounds of impact at –40 degrees Fahrenheit according to the Association of Rotational Molders (ARM) impact test. The cross-linked polyolefin must be constructed of sufficient thickness and strength to withstand loading conditions and the discharge of maximum tank capacity considering the full hydrostatic head of discharged liquid;
(2) All seams and cracks must be sealed;
(3) The containment area must be capable of holding 125 percent of the volume of the largest container plus the volume of the butts of all the other tanks inside it;
(4) Each cross-linked polyolefin containment structure must be permanently marked with an embossment or with a metal certification plate permanently affixed to it. The marking must be in letters and numbers at least 1/4 inch high located on the side of the containment structure. The marking shall certify that the containment structure complies with all requirements of this section and must contain the words "meets specification of ARSD 12:44:05:07" and the date of manufacture, including month and year;
(5) Synthetic liners must have a minimum thickness of 30 mils and be chemically compatible with the materials being stored within the facility. A synthetic liner may not be used in construction of a bulk commercial fertilizer storage facility until the manufacturer of the liner provides the facility operator with a written confirmation of compatibility and a written estimate of the life of the liner. The synthetic liner must be protected by a 6-inch compacted clay soil layer below the liner and a 12-inch compacted soil layer above the liner. Both layers must be free of organic material which may decay, large rocks, angular stones, sticks, or other materials which may puncture the liner. Synthetic liners must be installed under the supervision of a representative of the manufacturer who is qualified to install the liner or under the supervision of a person who has received written certification from the liner manufacturer that he is qualified to install the liner. All seams constructed in the field must be tested and repaired in accordance with the manufacturer's recommendations; and
(6) Reinforced concrete block walls must be sealed with a water proof, water resistant material, compatible with the fertilizer products that will be stored within secondary containment, on the surface of the block facing the contained product.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
References: ASTM Standard D 1248-84, "Standard Specification for Polyethylene Plastics Molding and Extrusion Materials," American Society for Testing Materials, January, 1985. Copies may be obtained from the American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19193; $6.
Association of Rotational Molders Low Temperature Impact Test - T14, revised through January 1986. Copies may be obtained from Association of Rotational Molders, 435 North Michigan Avenue, Chicago, IL; $4.50.
12:44:05:08. Leak detection requirements. Secondary containment constructed in accordance with § 12:44:05:07, after July 1, 1989, must have a leak detection system located beneath the synthetic liner and the 6-inch compacted clay soil layer, beneath the concrete base (floor) when concrete construction is utilized, and within the soil beneath the cross-linked polyolefin secondary containment structures unless the cross-linked polyolefin secondary containment structure is sitting on a poured concrete base. A series of perforated gravity collection pipe, sufficient in number and size and connected to a monitoring pipe or pipes outside of the secondary containment, must be employed in the construction of the secondary containment to detect possible leaks of the secondary containment system. Other methods of leak detection may be utilized to monitor the secondary containment system, if approved by the secretary.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:09. Monitoring leak detection systems. Leak detection systems must be monitored at least once a month. Upon detection of any liquid within the monitoring system, the operator of the bulk commercial fertilizer storage facility must comply with the following immediately:
(1) Notify the Department of Agriculture and Natural Resources or the division of emergency and disaster services of the finding;
(2) Obtain a sample of the liquid and submit the sample to a reputable laboratory for an analysis to determine if the sample is contaminated with fertilizer or pesticide or both;
(3) Take necessary action to determine the cause of the liquid entering the leak detection system and correct the cause; and
(4) Provide the Department of Agriculture and Natural Resources with a copy of the sample analysis results as soon as they are available.
Source: 15 SDR 194, effective July 1, 1989; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:10. Records of monitoring. The records for monthly monitoring required in § 12:44:05:09 must include the following:
(1) Name of the person doing the monitoring;
(2) Day, month, and year monitoring was conducted; and
(3) Time of day monitoring was conducted.
These records must be maintained for the life of the facility at the office of the person responsible for the bulk commercial fertilizer storage facility and must be available for inspection by an agent of the secretary of the Department of Agriculture and Natural Resources.
Source: 15 SDR 194, effective July 1, 1989; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:11. Disposal of contaminated liquid or material within secondary containment. For disposal purposes when any liquid or material within secondary containment contains a fertilizer, the liquid or material must be applied to a field or fields at normal fertilizer rates or used in a liquid mixing operation. This rule also applies when a commercial fertilizer is combined with a pesticide. When the liquid or material contains a pesticide, the liquid or material must be applied to a field or fields at normal pesticide application rates or used in a liquid mixing operation.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.2.
12:44:05:12. Alternative means of secondary containment for secondary containment constructed after July 1, 1989. Alternative means of secondary containment for secondary containment constructed after July 1, 1989, may be approved by the secretary if the materials used, considering the substances held in the storage containers, provide substantially similar protection to that provided by § 12:44:05:07. A request to the secretary for approval must be supported by a plan, certified by a licensed professional engineer, showing that the proposed use of other materials will provide the required protection.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:13. New storage facility location. A new storage facility constructed after July 1, 1989, may not be located within 500 feet of a well other than monitoring wells.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:15. Requirements for new bulk commercial fertilizer storage facilities. All bulk commercial fertilizer storage facilities constructed after July 1, 1989, must be constructed, maintained, and operated in compliance with this chapter.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:16. Bulk commercial fertilizer storage facility permit. A bulk commercial fertilizer storage facility permit is required prior to the operation of a bulk commercial fertilizer storage facility. Each facility must be reviewed by the secretary of the Department of Agriculture and Natural Resources prior to issuance of a permit. A permit remains valid until it is voluntarily withdrawn by the applicant or is otherwise modified, suspended, or revoked by the secretary of the Department of Agriculture and Natural Resources.
Source: 15 SDR 194, effective July 1, 1989; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-19-36.2.
Law Implemented: SDCL 38-19-36.2.
12:44:05:17. Bulk commercial fertilizer storage facility conditional permit. A bulk commercial fertilizer storage facility conditional permit is required for the operation of a bulk commercial fertilizer storage site in accordance with § 12:44:05:14 until the completion of the construction of secondary containment.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36.2.
Law Implemented: SDCL 38-19-36.2.
12:44:05:18. Bulk commercial fertilizer storage site inspection. A bulk commercial fertilizer storage site inspection is required to determine compliance with § 12:44:05:14 prior to issuance of the conditional permit required in § 12:44:05:17.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.2, 38-19-37.
12:44:05:19. Bulk commercial fertilizer storage facility inspection. A bulk commercial fertilizer storage facility inspection must be conducted on any new, existing, or altered bulk commercial fertilizer storage facility to determine compliance with this chapter before issuance of a bulk commercial fertilizer storage facility permit. Biennial or more frequent inspections shall be conducted of a permitted facility to assure that it is operating in compliance with this chapter.
If departmental investigation, subsequent to the completion of construction, determines the facility was not constructed in accordance with the submitted plans and specifications or the requirements of this chapter, the owner must correct any deficiencies as set forth by the department.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.2, 38-19-37.
Law Implemented: SDCL 38-19-36, 38-19-36.2, 38-19-37.
12:44:05:20. Alteration of existing permitted bulk commercial fertilizer storage facility. An operator of an existing permitted bulk commercial fertilizer storage facility must notify the secretary of the Department of Agriculture and Natural Resources, in writing, before making any alterations, other than routine maintenance, to the existing permitted facility.
Source: 15 SDR 194, effective July 1, 1989; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36.2.
12:44:05:21. Notice of bulk commercial fertilizer storage facility inspection. Separate notice shall be given for each bulk commercial fertilizer storage facility inspection. A report of the inspection shall be provided to the person in charge of the facility upon completion of the inspection.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:23. Required plans and specifications for bulk commercial fertilizer storage facilities. Persons responsible for existing bulk commercial fertilizer storage sites must submit plans and specifications for all bulk commercial fertilizer storage facilities to the secretary for review by February 1, 1990.
Persons responsible for new bulk commercial fertilizer storage facilities must submit plans and specifications at least 60 days before construction begins. Installation and operation must be in accordance with approved plans and specifications.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36.2.
12:44:05:24. Secretary to be notified of name of contractor. If the applicant does not know who the contractor will be at the time he files a bulk commercial fertilizer storage facility permit application, the applicant must notify the secretary of the name of the contractor at least 60 days before construction begins.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:25. Contents of bulk commercial fertilizer storage facility permit application. A bulk commercial fertilizer storage facility permit application must include the following:
(1) Name, address, and telephone number of the following:
(a) The firm applying for a permit;
(b) The firm that will operate the facility; and
(c) The firm that will construct, install, or modify the site, if known;
(2) Type of facility (new, existing, or altered);
(3) Location of the facility (county, city, and township);
(4) Legal description of the facility location;
(5) Size of the lot owned or leased;
(6) Nature of the terrain (such as level area, steep slope);
(7) Type of storage containers (such as steel, poly, wood);
(8) Number of containers, their dimensions, and the capacity of each storage container;
(9) Copies of required local permits;
(10) Soil and groundwater conditions (general soil type at the site, such as clay, gravel, sand, or loam, and the type, depth, and proximity of wells on or near the site);
(11) Surface water (approximate distance to and identity of any nearby lake, stream, drainage ditch, or storm drain into which liquid could flow);
(12) Two scale drawings of plans and specifications for the facility, including other storage containers and buildings;
(13) Two copies of the plumbing diagram for the facility showing location and type of pumps and valves used to control all transferring;
(14) If a synthetic liner is used, a copy of the manufacturer's letter of compatibility and his written proof of certification of those qualified to install the liner;
(15) Signature, date of signature, and title of the person certifying information on the application; and
(16) Date of review by the secretary.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36.2.
12:44:05:26. Underground storage. Underground bulk commercial fertilizer storage is prohibited. A sealed catch basin used for the temporary collection of runoff or rinsate from transfer and loading areas is allowed.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1.
Law Implemented: SDCL 38-19-36, 38-19-36.1.
12:44:05:27. Commercial fertilizer loading and mixing areas. By February 1, 1992, all loading and mixing of liquid and nonliquid bulk commercial fertilizer, unless performed in the field of application, must be done within a containment area. The containment area must be constructed of concrete of sufficient strength to withstand the load weight of vehicles which will be on the containment area, and the containment area must be large enough to prevent spillage onto unprotected areas. The containment area must be designed to allow the collection of spilled materials. The containment area must be constructed, using curbs or other means, to prevent spilled materials from running out of the containment area. Any accumulated liquid or material, that contains fertilizer, within the containment area must be applied to a field or fields at normal fertilizer rates or used in a liquid mixing operation. This section also applies when a commercial fertilizer is combined with a pesticide. When the accumulated liquid or material contains a pesticide, the accumulated liquid or material must be applied to a field or fields at normal pesticide application rates or used in a liquid mixing operation.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:28. Wash waters and rinsates. By February 1, 1992, all washing of commercial fertilizer application equipment at liquid and nonliquid bulk commercial fertilizer storage facilities must be conducted within an area that complies with § 12:44:05:27. No commercial fertilizer rinsates or wash waters from commercial fertilizer equipment may be disposed of through sanitary or storm sewer systems. Washing of commercial fertilizer equipment in the field is permissible and encouraged if it is performed at the site of the final commercial fertilizer application on a given day and no runoff from the wash site occurs. Any accumulated liquid or material, that contains a fertilizer, within the containment area must be applied to a field or fields at normal fertilizer rates or used in a liquid mixing operation. This section also applies when a commercial fertilizer is combined with a pesticide. When the accumulated liquid or material contains a pesticide, the accumulated liquid or material must be applied to a field or fields at normal pesticide application rates or used in a liquid mixing operation.
Source: 15 SDR 194, effective July 1, 1989.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
12:44:05:29. Spills. The operator or manager of a bulk commercial fertilizer storage facility shall notify the Department of Agriculture and Natural Resources or the division of emergency and disaster services within 3 hours after a spill of more than 25 gallons of liquid outside the secondary containment area. The operator or manager of a nonliquid bulk commercial fertilizer storage facility shall notify the Department of Agriculture and Natural Resources or the division of emergency and disaster services within 3 hours after a spill of more than 500 pounds of dry fertilizer outside the secondary containment area.
Source: 15 SDR 194, effective July 1, 1989; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.
Law Implemented: SDCL 38-19-36, 38-19-36.1, 38-19-36.2.