74:28:25:04.  Containment and detection of releases from tanks. To prevent the release of hazardous waste or any hazardous constituent to the environment, secondary containment that meets the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 264.193(f) and (g), as incorporated by § 74:28:21:01.01, as follows:

    (1)  For any new tank system or component, before the tank system or component is put into service;

    (2)  For any existing tank system used to store or treat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks;

    (3)  For any existing tank system of known and documented age, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks or when the tank system has reached fifteen years of age, whichever comes later;

    (4)  For any existing tank system for which the age cannot be documented, within eight years after January 12, 1987, for HSWA tanks, and within eight years after September 14, 1989, for non-HSWA tanks; but if the age of the facility is older than seven years, secondary containment must be provided by the time the facility reaches fifteen years of age or within two years after January 12, 1987, for HSWA tanks, or within two years after September 14, 1989, for non-HSWA tanks, whichever comes later; and

    (5)  For any tank system that stores or treats material that becomes hazardous waste subsequent to January 12, 1987, for HSWA tanks, and subsequent to September 14, 1989, for non-HSWA tanks, within the time intervals required in subdivisions (1) to (4), inclusive, of this section, except that the date that a material becomes a hazardous waste must be used in place of January 12, 1987, for HSWA tanks, and September 14, 1989, for non-HSWA tanks.

    Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.

    General Authority: SDCL 34A-11-9.

    Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.