ARSD 74:28:25:03. Assessment of existing tank system's integrity

For each existing tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 264.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is not leaking or 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, in accordance with 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, shall conduct this assessment within twelve months after the date that the waste becomes a hazardous waste. For existing tank systems or existing components, a tank system or component installation is considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either: (1) A continuous on-site physical construction or installation program has begun; or (2) The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within one year.