S.D. Codified Laws § 34A-2-100
This is the official text of S.D. Codified Laws § 34A-2-100, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Above ground stationary storage tank defined
Official statutory text
The term, above ground stationary storage tank, as used in this section and §§ 34A-2-101 and 34A-2-102 means any stationary tank or combination of stationary tanks above ground, including connected pipes, which stores an accumulation of regulated substances as defined in § 34A-2-98 .
This term does not include:
(1) Any farm or residential tank used for storing motor fuels for noncommercial purposes;
(2) Any tank used for storing heating oil or motor fuels for consumptive use on the premises where stored;
(3) Any septic tank;
(4) Any pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq. (January 1, 2024);
(5) Any surface impoundment, pit, pond, or lagoon;
(6) Any storm water or wastewater collection system;
(7) Any flow-through process tank;
(8) Any liquid trap or associated gathering lines directly related to oil and gas production and gathering operations;
(9) Any storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor;
(10) Any pipes connected to any tank which is exempted in this subdivision; and
(11) Any tanks used for storing pesticides regulated under chapter 38-21 , except those regulated pursuant to Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6901 et seq. (January 1, 2024).
Source: SL 1987, ch 258, § 1; SL 2011, ch 165, § 62; SL 2024, ch 145, § 4.
This term does not include:
(1) Any farm or residential tank used for storing motor fuels for noncommercial purposes;
(2) Any tank used for storing heating oil or motor fuels for consumptive use on the premises where stored;
(3) Any septic tank;
(4) Any pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq. (January 1, 2024);
(5) Any surface impoundment, pit, pond, or lagoon;
(6) Any storm water or wastewater collection system;
(7) Any flow-through process tank;
(8) Any liquid trap or associated gathering lines directly related to oil and gas production and gathering operations;
(9) Any storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor;
(10) Any pipes connected to any tank which is exempted in this subdivision; and
(11) Any tanks used for storing pesticides regulated under chapter 38-21 , except those regulated pursuant to Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6901 et seq. (January 1, 2024).
Source: SL 1987, ch 258, § 1; SL 2011, ch 165, § 62; SL 2024, ch 145, § 4.
Status: in_force · Read it on the official government site
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