34A-2-100. Above ground stationary storage tank defined.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 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.
South Dakota Legal Code