ARSD 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.