74:28:28:03.  Assessment of existing tank system's integrity. For each tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 265.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is not leaking or is unfit for use.

    The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in this state under 40 C.F.R. § 270.11(d), as incorporated by § 74:28:21:01.01, that attests to the tank system's integrity by January 12, 1988, for HSWA tanks, and by September 14, 1990, for non-HSWA tanks.

    The owner or operator of a tank system that stores or treats material that becomes hazardous waste subsequent to July 14, 1986, for HSWA tanks, and subsequent to June 7, 1989, for non-HSWA tanks, must conduct this assessment within twelve months after the date that the waste becomes a hazardous waste.

    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-11-9, 34-11-10, 34A-11-12, 34A-11-16.