reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:03 - Liquid bulk commercial fertilizer storage facility construction

Current through Register Vol. 51, page 10, July 15, 2024
A person may not construct a liquid bulk commercial fertilizer storage
	 facility for the storage of permanent liquid bulk commercial fertilizer storage
	 containers without a means of secondary containment.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:04 - Exemptions

Current through Register Vol. 51, page 10, July 15, 2024
Existing bulk commercial fertilizer storage containers with the
	 capacity of 100,000 gallons or more are exempt from the requirements of §
									12:44:05:07 and subdivision
	 12:44:05:14(4) if the following alterations are made by February 1,
	 1996:
(1) A layer of smooth, fine
  gravel or coarse sand at least three inches thick shall be placed over the
  original bottom of the storage containers, and a second bottom made of steel
  shall be constructed and placed over the layer of gravel or sand;
(2) The original bottom of the storage
  container shall be tested for leaks before the sand layer and second bottom are
  installed. A record of the test shall be kept on file at the storage
  facility;
(3) The newly constructed
  bottom shall be tested for leaks before any liquid fertilizer is stored on the
  newly constructed bottom. A record of the test shall be kept on file at the
  storage facility;
(4) A method by
  which leaks from the newly constructed bottom into the sand layer may be
  readily detected must be available. This may be accomplished by the
  establishment of weep holes or drainage ports on the exterior of the storage
  container in the area between the original bottom and the new bottom;
  and
(5) Containers must be equipped
  with a means of secondary containment which is of sufficient thickness and
  strength to withstand loading conditions and the discharge of maximum tank
  capacity, considering the full hydrostatic head of the discharged liquid, and
  large enough in volume to contain the maximum amount of discharged liquid
  before meeting a point of equilibrium between the liquid remaining in the
  container and the liquid in secondary containment, taking into consideration
  the wall height of the secondary containment and the distance of the wall from
  the storage container. If secondary containment is obtained by the method
  described in subdivision 12:44:05:07(5) and §§
									12:44:05:08 to
  12:44:05:10, inclusive,
  apply.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:05 - Alternative means for second bottom for containers with the capacity of 100,000 gallons or more

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may approve a second bottom made of materials other than
	 those described in §
									12:44:05:04 if the materials,
	 considering the substances held in the storage container, provide substantially
	 similar protection as that described in §§
									12:44:05:04 and
	 12:44:05:07. A request to the
	 secretary for approval must be supported by a plan, certified by a licensed
	 professional engineer, showing that the proposed use of other materials will
	 provide the required protection.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:06 - Nonliquid bulk commercial fertilizer secondary containment

Current through Register Vol. 51, page 10, July 15, 2024
Unless stored in a totally enclosed building, all nonliquid fertilizer
	 materials must be covered and stored within a secondary containment structure.
	 The building must be constructed so as to not allow seepage or spillage of
	 fertilizer materials from the building under normal storage
	 conditions.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:07 - Secondary containment

Current through Register Vol. 51, page 10, July 15, 2024
Secondary containment constructed after July 1, 1989, must be
	 constructed according to professional engineering practices, which include the
	 following:
(1) The walls and base must
  be constructed by means of one of the following:
(a) A synthetic liner at least 30 mils thick
  beneath 12 inches of compacted soil sufficient to withstand loading conditions
  and the discharge of maximum tank capacity considering the full hydrostatic
  head of the discharged liquid;
(b)
  Concrete, excluding bricks and unreinforced blocks, of sufficient thickness and
  strength to withstand loading conditions and the discharge of maximum tank
  capacity considering the full hydrostatic head of the discharged liquid;
  or
(c) Cross-linked polyolefin,
  which is crosslinkable high density polyethylene, Type 3, Class B, Category 5
  resin with a minimum of 0.5 percent carbon black, as defined in American
  Society for Testing and Materials (ASTM) standard D 1248-84, constructed with a
  minimum thickness of 3/8 inch, ultraviolet stabilized for outdoor use to give
  excellent outdoor weatherability, and with a low temperature impact strength of
  a minimum of 90 foot pounds of impact at 40 degrees Fahrenheit according to the
  Association of Rotational Molders (ARM) impact test. The cross-linked
  polyolefin must be constructed of sufficient thickness and strength to
  withstand loading conditions and the discharge of maximum tank capacity
  considering the full hydrostatic head of discharged liquid;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:08 - Leak detection requirements

Current through Register Vol. 51, page 10, July 15, 2024
Secondary containment constructed in accordance with §
									12:44:05:07, after July 1, 1989,
	 must have a leak detection system located beneath the synthetic liner and the
	 6-inch compacted clay soil layer, beneath the concrete base (floor) when
	 concrete construction is utilized, and within the soil beneath the cross-linked
	 polyolefin secondary containment structures unless the cross-linked polyolefin
	 secondary containment structure is sitting on a poured concrete base. A series
	 of perforated gravity collection pipe, sufficient in number and size and
	 connected to a monitoring pipe or pipes outside of the secondary containment,
	 must be employed in the construction of the secondary containment to detect
	 possible leaks of the secondary containment system. Other methods of leak
	 detection may be utilized to monitor the secondary containment system, if
	 approved by the secretary.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:09 - Monitoring leak detection systems

Current through Register Vol. 51, page 10, July 15, 2024
Leak detection systems must be monitored at least once a month. Upon
	 detection of any liquid within the monitoring system, the operator of the bulk
	 commercial fertilizer storage facility must comply with the following
	 immediately:
(1) Notify the department
  of agriculture or the division of emergency and disaster services of the
  finding;
(2) Obtain a sample of the
  liquid and submit the sample to a reputable laboratory for an analysis to
  determine if the sample is contaminated with fertilizer or pesticide or
  both;
(3) Take necessary action to
  determine the cause of the liquid entering the leak detection system and
  correct the cause; and
(4) Provide
  the department of agriculture with a copy of the sample analysis results as
  soon as they are available.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:10 - Records of monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The records for monthly monitoring required in §
									12:44:05:09 must include the
	 following:
(1) Name of the person
  doing the monitoring;
(2) Day,
  month, and year monitoring was conducted; and
(3) Time of day monitoring was conducted.
These records must be maintained for the life of the facility at the
	 office of the person responsible for the bulk commercial fertilizer storage
	 facility and must be available for inspection by an agent of the secretary of
	 agriculture.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:11 - Disposal of contaminated liquid or material within secondary containment

Current through Register Vol. 51, page 10, July 15, 2024
For disposal purposes when any liquid or material within secondary
	 containment contains a fertilizer, the liquid or material must be applied to a
	 field or fields at normal fertilizer rates or used in a liquid mixing
	 operation. This rule also applies when a commercial fertilizer is combined with
	 a pesticide. When the liquid or material contains a pesticide, the liquid or
	 material must be applied to a field or fields at normal pesticide application
	 rates or used in a liquid mixing operation.
General Authority:
SDCL
		38-19-36,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:12 - Alternative means of secondary containment for secondary containment constructed after July 1, 1989

Current through Register Vol. 51, page 10, July 15, 2024
Alternative means of secondary containment for secondary containment
	 constructed after July 1, 1989, may be approved by the secretary if the
	 materials used, considering the substances held in the storage containers,
	 provide substantially similar protection to that provided by §
									12:44:05:07. A request to the
	 secretary for approval must be supported by a plan, certified by a licensed
	 professional engineer, showing that the proposed use of other materials will
	 provide the required protection.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:13 - New storage facility location

Current through Register Vol. 51, page 10, July 15, 2024
A new storage facility constructed after July 1, 1989, may not be
	 located within 500 feet of a well other than monitoring
	 wells.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:14 - Requirements for existing bulk commercial fertilizer storage sites

Current through Register Vol. 51, page 10, July 15, 2024
A bulk commercial fertilizer storage site established before July 1,
	 1989, must meet the following requirements by the dates specified:
(1) All fittings which are threaded into the
  side or bottom of storage containers must be constructed of stainless steel.
  This requirement must be completed by February 1, 1990, unless the containers
  are within secondary containment constructed in accordance with §
									12:44:05:04 or
  12:44:05:07;
(2) All storage containers that are equipped
  with sight gauges on the side of the containers must have a shutoff valve
  located on the lower fitting of the sight gauge assembly. This requirement must
  be completed by September 1, 1990, unless the containers are within secondary
  containment constructed in accordance with §
									12:44:05:04 or
  12:44:05:07;
(3) The operator of the bulk commercial
  fertilizer storage site must file a bulk commercial fertilizer storage facility
  permit application as required by §
									12:44:05:25 by February 1,
  1990;
(4) The bulk commercial
  fertilizer storage site must meet the requirements of §§
									12:44:05:27 and
  12:44:05:28 by February 1, 1992;
  and
(5) The bulk commercial
  fertilizer storage site must have secondary containment constructed in
  accordance with §
									12:44:05:07 by February 1,
  1995.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:15 - Requirements for new bulk commercial fertilizer storage facilities

Current through Register Vol. 51, page 10, July 15, 2024
All bulk commercial fertilizer storage facilities constructed after
	 July 1, 1989, must be constructed, maintained, and operated in compliance with
	 this chapter.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:16 - Bulk commercial fertilizer storage facility permit

Current through Register Vol. 51, page 10, July 15, 2024
A bulk commercial fertilizer storage facility permit is required prior
	 to the operation of a bulk commercial fertilizer storage facility. Each
	 facility must be reviewed by the secretary of agriculture prior to issuance of
	 a permit. A permit remains valid until it is voluntarily withdrawn by the
	 applicant or is otherwise modified, suspended, or revoked by the secretary of
	 agriculture.
General Authority:
SDCL
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:17 - Bulk commercial fertilizer storage facility conditional permit

Current through Register Vol. 51, page 10, July 15, 2024
A bulk commercial fertilizer storage facility conditional permit is
	 required for the operation of a bulk commercial fertilizer storage site in
	 accordance with §
									12:44:05:14 until the completion
	 of the construction of secondary containment.
General Authority:
SDCL
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:18 - Bulk commercial fertilizer storage site inspection

Current through Register Vol. 51, page 10, July 15, 2024
A bulk commercial fertilizer storage site inspection is required to
	 determine compliance with §
									12:44:05:14 prior to issuance of
	 the conditional permit required in §
									12:44:05:17.
General Authority:
SDCL
		38-19-36,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.2,
		38-19-37.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:19 - Bulk commercial fertilizer storage facility inspection

Current through Register Vol. 51, page 10, July 15, 2024
A bulk commercial fertilizer storage facility inspection must be
	 conducted on any new, existing, or altered bulk commercial fertilizer storage
	 facility to determine compliance with this chapter before issuance of a bulk
	 commercial fertilizer storage facility permit. Biennial or more frequent
	 inspections shall be conducted of a permitted facility to assure that it is
	 operating in compliance with this chapter.
If departmental investigation, subsequent to the completion of
	 construction, determines the facility was not constructed in accordance with
	 the submitted plans and specifications or the requirements of this chapter, the
	 owner must correct any deficiencies as set forth by the
	 department.
General Authority:
SDCL
		38-19-36,
		38-19-36.2,
		38-19-37.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.2,
		38-19-37.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:20 - Alteration of existing permitted bulk commercial fertilizer storage facility

Current through Register Vol. 51, page 10, July 15, 2024
An operator of an existing permitted bulk commercial fertilizer storage
	 facility must notify the secretary of agriculture, in writing, before making
	 any alterations, other than routine maintenance, to the existing permitted
	 facility.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:21 - Notice of bulk commercial fertilizer storage facility inspection

Current through Register Vol. 51, page 10, July 15, 2024
Separate notice shall be given for each bulk commercial fertilizer
	 storage facility inspection. A report of the inspection shall be provided to
	 the person in charge of the facility upon completion of the
	 inspection.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:22 - Bulk commercial fertilizer storage sites construction before July 1, 1989

Current through Register Vol. 51, page 10, July 15, 2024
Bulk commercial fertilizer storage sites constructed of concrete block
	 before July 1, 1989, may be considered for approval after inspection by the
	 secretary. Bulk commercial fertilizer storage sites constructed of brick before
	 July 1, 1989, may not be considered for approval.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:23 - Required plans and specifications for bulk commercial fertilizer storage facilities

Current through Register Vol. 51, page 10, July 15, 2024
Persons responsible for existing bulk commercial fertilizer storage
	 sites must submit plans and specifications for all bulk commercial fertilizer
	 storage facilities to the secretary for review by February 1, 1990.
Persons responsible for new bulk commercial fertilizer storage
	 facilities must submit plans and specifications at least 60 days before
	 construction begins. Installation and operation must be in accordance with
	 approved plans and specifications.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:24 - Secretary to be notified of name of contractor

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant does not know who the contractor will be at the time
	 he files a bulk commercial fertilizer storage facility permit application, the
	 applicant must notify the secretary of the name of the contractor at least 60
	 days before construction begins.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:25 - Contents of bulk commercial fertilizer storage facility permit application

Current through Register Vol. 51, page 10, July 15, 2024
A bulk commercial fertilizer storage facility permit application must
	 include the following:
(1) Name,
  address, and telephone number of the following:
(a) The firm applying for a permit;
(b) The firm that will operate the facility;
  and
(c) The firm that will
  construct, install, or modify the site, if known;
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:26 - Underground storage

Current through Register Vol. 51, page 10, July 15, 2024
Underground bulk commercial fertilizer storage is prohibited. A sealed
	 catch basin used for the temporary collection of runoff or rinsate from
	 transfer and loading areas is allowed.
General Authority:
SDCL
		38-19-36,
		38-19-36.1.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:27 - Commercial fertilizer loading and mixing areas

Current through Register Vol. 51, page 10, July 15, 2024
By February 1, 1992, all loading and mixing of liquid and nonliquid
	 bulk commercial fertilizer, unless performed in the field of application, must
	 be done within a containment area. The containment area must be constructed of
	 concrete of sufficient strength to withstand the load weight of vehicles which
	 will be on the containment area, and the containment area must be large enough
	 to prevent spillage onto unprotected areas. The containment area must be
	 designed to allow the collection of spilled materials. The containment area
	 must be constructed, using curbs or other means, to prevent spilled materials
	 from running out of the containment area. Any accumulated liquid or material,
	 that contains fertilizer, within the containment area must be applied to a
	 field or fields at normal fertilizer rates or used in a liquid mixing
	 operation. This section also applies when a commercial fertilizer is combined
	 with a pesticide. When the accumulated liquid or material contains a pesticide,
	 the accumulated liquid or material must be applied to a field or fields at
	 normal pesticide application rates or used in a liquid mixing
	 operation.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:28 - Wash waters and rinsates

Current through Register Vol. 51, page 10, July 15, 2024
By February 1, 1992, all washing of commercial fertilizer application
	 equipment at liquid and nonliquid bulk commercial fertilizer storage facilities
	 must be conducted within an area that complies with §
									12:44:05:27. No commercial
	 fertilizer rinsates or wash waters from commercial fertilizer equipment may be
	 disposed of through sanitary or storm sewer systems. Washing of commercial
	 fertilizer equipment in the field is permissible and encouraged if it is
	 performed at the site of the final commercial fertilizer application on a given
	 day and no runoff from the wash site occurs. Any accumulated liquid or
	 material, that contains a fertilizer, within the containment area must be
	 applied to a field or fields at normal fertilizer rates or used in a liquid
	 mixing operation. This section also applies when a commercial fertilizer is
	 combined with a pesticide. When the accumulated liquid or material contains a
	 pesticide, the accumulated liquid or material must be applied to a field or
	 fields at normal pesticide application rates or used in a liquid mixing
	 operation.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:05 - Bulk commercial fertilizer storage › Section 12:44:05:29 - Spills

Current through Register Vol. 51, page 10, July 15, 2024
The operator or manager of a bulk commercial fertilizer storage
	 facility shall notify the department of agriculture or the division of
	 emergency and disaster services within 3 hours after a spill of more than 25
	 gallons of liquid outside the secondary containment area. The operator or
	 manager of a nonliquid bulk commercial fertilizer storage facility shall notify
	 the department of agriculture or the division of emergency and disaster
	 services within 3 hours after a spill of more than 500 pounds of dry fertilizer
	 outside the secondary containment area.
General Authority:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
Law Implemented:
SDCL
		38-19-36,
		38-19-36.1,
		38-19-36.2.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:44 - Commercial fertilizer › Chapter 12:44:06 - Inspection fees › Section 12:44:06:01 - Commercial fertilizer tonnage inspection fee

Current through Register Vol. 51, page 10, July 15, 2024
The commercial fertilizer tonnage inspection fee is fifteen cents a
	 ton, except the fee is five cents a ton on products that are made up entirely
	 of manipulated animal manure.
General Authority:
SDCL
		38-19-10.
Law Implemented:
SDCL
		38-19-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:47 - Spraying and dusting, Void

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
The code commission has deleted
		this article pursuant to SDCL
		1-26-8.1, which provides (in part):
		"If a statute which authorizes an agency to pass a rule is repealed, or
		declared unconstitutional by the South Dakota or United States Supreme Court,
		any rule which was authorized by that statute is void unless there is another
		valid statute which also authorized the agency to pass that rule."
All of the statutes cited as authorizing the rules in this article
		were repealed by SL 1974, ch 255, §
		35.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:01 - General provisions › Section 12:51:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
	 38-24A-1 have the same meaning in
	 this article. In addition, the following terms mean:
(1) "Certified forage products," hay, straw,
  stover, or mulch that has been officially inspected prior to harvest and has
  been found free of viable seeds and other propagative plant parts of plants on
  the nonnative plant species list in §
									12:51:03:01;
(2) "Conveyances," containers used to move
  regulated articles, including trucks, railroad cars, bins, and
  hoppers;
(3) "Department," the
  South Dakota Department of Agriculture;
(4) "Exposed," infested or having a high
  potential of being infested with seeds or propagative parts of any one of the
  nonnative plant species specified in §
									12:51:03:01;
(5) "Farm tools," instruments for farming
  that are worked or used by hand, including hoes, rakes, shovels, and
  axes;
(6) "Interstate," movement
  from any state into the state of South Dakota;
(7) "Intrastate," movement within the state
  of South Dakota;
(8) "Karnal bunt,"
  a plant disease caused by the fungus
Tilletiaindica
(Mitra)
  Mundkur;
(9) "Mechanized
  cultivating equipment and mechanized harvesting equipment," mechanized
  equipment and attachments used for soil tillage and harvesting purposes,
  including tractors, disks, plows, harrows, planters, subsoilers, combines,
  harvesters, and balers;
(10)
  "Milling products and byproducts," products resulting from processing
  activities, including plant products, animal feed and waste, and
  debris;
(11) "Movement," the act of
  shipping, transporting, delivering, or receiving something for movement, or
  otherwise aiding, abetting, inducing or causing something to be
  moved;
(12) "Person," any
  association, company, corporation, firm, individual, joint stock company,
  partnership, society, or other legal entity;
(13) "Processed forage products," hay, straw,
  stover, or mulch that has been pelletized or treated in a fashion that destroys
  the viability of seeds and other propagative plant parts of the nonnative plant
  species specified in §
									12:51:03:01;
(14) "Quarry products," organic or inorganic
  products, including sand, gravel, finely divided rock, and soil formation
  materials, excavated from a source usually below the surface of the
  earth;
(15) "Secretary," the
  secretary of the South Dakota Department of Agriculture or a designated
  agent;
(16) "Soil," the part of the
  upper layer of earth in which plants grow;
(17) "Soil-moving equipment," equipment used
  for moving or transporting soil, including bulldozers, dump trucks, and road
  scrapers.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-1,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:02 - Regulated areas › Section 12:51:02:01 - Area under regulation

Current through Register Vol. 51, page 10, July 15, 2024
The area regulated for nonnative plant species is the state of South
	 Dakota.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:02 - Regulated areas › Section 12:51:02:02 - Areas subject to Karnal bunt quarantine

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall quarantine this state or each portion of this state
	 that is infested with Karnal bunt. Less than the entire state may be designated
	 as a Karnal bunt quarantine area only if the secretary determines that
	 designating less than the entire state as a quarantine area will prevent the
	 spread of Karnal bunt.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:02 - Regulated areas › Section 12:51:02:03 - Quarantine of uninfested areas for Karnal bunt

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may include uninfested acreage with a Karnal bunt
	 quarantine area because of its proximity to an infestation or inseparability
	 from the infected locality for quarantine purposes as determined by the
	 following:
(1) Projections of the
  spread of Karnal bunt along the periphery of the infestation;
(2) The availability of natural habitats and
  host materials within the uninfested acreage that are suitable for
  establishment and survival of Karnal bunt; and
(3) The necessity of including uninfested
  acreage within the quarantined area in order to establish readily identifiable
  boundaries.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:02 - Regulated areas › Section 12:51:02:04 - Federal Karnal bunt regulated areas

Current through Register Vol. 51, page 10, July 15, 2024
The areas designated by the federal government as Karnal bunt regulated
	 areas are those areas listed in
	 7 C.F.R. §
										301.89-3, as published in 69 Fed. Reg. 8095
	 to 8097, inclusive, (February 23, 2004).
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:03 - Regulated pests › Section 12:51:03:01 - Regulated nonnative plant species

Current through Register Vol. 51, page 10, July 15, 2024
The following nonnative plant species, including all plants, plant
	 parts, and seeds capable of propagation, are regulated plant species under SDCL
	 38-24A-6:
(1) Canada thistle
  (
Cirsiumarvensis
);
(2)
  Common crupina (
Crupinavulgaris
);
(3) Dalmation toadflax
  (
Linariadalmatica
);
(4) Diffuse knapweed
  (
Centaureadiffusa
);
(5) Dodder
  (
Cuscutaspp.
);
(6)
  Eurasian water milfoil (
Myriophyllumspicatum
);
(7) Field bindweed (
Convolvulus
  arvensis
);
(8) Hoary cress
  (
Cardariadraba
);
(9)
  Johnsongrass (
Sorghum halepense
);
(10) Leafy spurge (
Euphorbia esula and
  E. pseudovirgata
);
(11)
  Multiflora rose (
Rosa multifloral
);
(12) Musk thistle
  (
Carduusnutans
);
(13)
  Perennial pepperweed (
Lepidiumlatifolium
);
(14) Perennial sowthistle
  (
Sonchusarvensis
);
(15) Plumeless thistle
  (
Carduusacanthoides
);
(16) Purple loosestrife
  (
Lythrumsalicaria and L. virgatum
);
(17) Rush skeletonweed
  (
Chondrillajuncea
);
(18) Russian knapweed
  (
Centaurearepens
);
(19) Spotted knapweed
  (
Centaureamaculosa
);
(20) St. Johnswort
  (
Hypericumperforatum
);
(21) Yellow starthistle
  (
Centaureasolstitialis
); and
(22) Yellow toadflax
  (
Linariavulgaris
).
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:03 - Regulated pests › Section 12:51:03:02 - Regulated plant diseases

Current through Register Vol. 51, page 10, July 15, 2024
Karnal bunt (
Tilletiaindica
) is a regulated plant disease
	 under SDCL
	 38-24A-6.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:04 - Regulated articles › Section 12:51:04:01 - Untreated soil and quarry products

Current through Register Vol. 51, page 10, July 15, 2024
Untreated soil, subsoil, and quarry products that have been exposed to
	 the nonnative plant species listed in §
									12:51:03:01 are regulated
	 articles.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:04 - Regulated articles › Section 12:51:04:02 - Used and uncleaned equipment

Current through Register Vol. 51, page 10, July 15, 2024
Used and uncleaned equipment, including cultivating equipment, soil
	 moving equipment, harvesting equipment, grain cleaning equipment, and seeding
	 equipment, that has been exposed to the nonnative plant species listed in
	 §
									12:51:03:01 are regulated
	 articles.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:04 - Regulated articles › Section 12:51:04:03 - Unprocessed and noncertified forage products

Current through Register Vol. 51, page 10, July 15, 2024
Unprocessed and noncertified forage products, including hay, straw,
	 stover, and mulch, that have been exposed to the nonnative plant species listed
	 in §
									12:51:03:01 are regulated
	 articles.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:04 - Regulated articles › Section 12:51:04:04 - Untreated compost, manure, humus, and plant media

Current through Register Vol. 51, page 10, July 15, 2024
Untreated compost, manure, humus, and artificial plant growth media
	 that have been exposed to the nonnative plant species listed in §
									12:51:03:01 are regulated
	 articles.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:04 - Regulated articles › Section 12:51:04:05 - Articles originating from areas infested with Karnal bunt

Current through Register Vol. 51, page 10, July 15, 2024
The following articles originating from quarantined areas infested with
	 Karnal bunt declared pursuant to §§
									12:51:02:02 to
	 12:51:02:04, inclusive, are
	 regulated articles:
(1) Conveyances,
  including trucks, railroad cars, and other containers used to move wheat, durum
  wheat, or triticale;
(2) Grain
  elevators, equipment, and structures used for storing and handling wheat, durum
  wheat, or triticale;
(3) Milling
  products or byproducts from processing wheat, durum wheat, or
  triticale;
(4) Plants or plant
  parts, including grain, seed, or straw of all varieties of the following
  species:
(a) Wheat (
Triticum
  aestivum
);
(b) Durum wheat
  (
Triticum durum
); and
(c) Triticale (
Triticum aestivum X
  Secale cereale
);
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:04 - Regulated articles › Section 12:51:04:06 - Articles subject to Karnal bunt embargo

Current through Register Vol. 51, page 10, July 15, 2024
Regulated articles listed in §
									12:51:04:05 that originate from
	 regulated areas listed in 7
	 C.F.R. §
										301.89-3, as published in 69
	 Fed. Reg. 8095 to 8097, inclusive, (February 23, 2004), are
	 embargoed.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-7.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:05 - Exempted articles › Section 12:51:05:01 - Permitted collections

Current through Register Vol. 51, page 10, July 15, 2024
Nonnative plant species listed in §
									12:51:03:01 may be collected or
	 grown under a permit issued by the secretary for use as herbariums or for
	 research in control methods.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:05 - Exempted articles › Section 12:51:05:02 - Educational specimens

Current through Register Vol. 51, page 10, July 15, 2024
Nonnative plant species listed in §
									12:51:03:01 may be collected
	 without a permit for the creation of specimens for educational purposes if the
	 methods used to collect specimens ensure that no infestation is
	 created.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:05 - Exempted articles › Section 12:51:05:03 - Business agreements

Current through Register Vol. 51, page 10, July 15, 2024
The department may enter into written agreements with persons engaged
	 in the growing, transportation, handling, or processing of regulated articles
	 that require the persons to maintain safeguards against the establishment and
	 spread of the nonnative plant species listed in §
									12:51:03:01. The agreements shall
	 prescribe compliance with any conditions that may be required by the secretary
	 as to the handling and movement of regulated articles into or within the
	 regulated area and as to the cleaning and treatment of conveyances and
	 containers used in the transportation of such articles.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-3,
		38-24A-9.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:06 - Prohibited acts › Section 12:51:06:01 - Nonnative plant species

Current through Register Vol. 51, page 10, July 15, 2024
A person may not bring into or transplant, buy, sell, offer for sale,
	 or disseminate within South Dakota any plants, plant parts, or seeds of a plant
	 species or hybrid cross of a plant species listed in §
									12:51:03:01.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:06 - Prohibited acts › Section 12:51:06:02 - Regulated articles

Current through Register Vol. 51, page 10, July 15, 2024
A person may not transport, buy, sell, or offer for sale within the
	 regulated area any regulated articles exposed to any of the nonnative plant
	 species listed in §
									12:51:03:01.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:06 - Prohibited acts › Section 12:51:06:03 - Karnal bunt quarantine

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to §§
									12:51:02:02 to
	 12:51:02:04, inclusive, a person
	 may not transport, buy, sell, or offer for sale in this state in a manner
	 contrary to chapters 12:51:07 to 12:51:09, inclusive, any regulated article
	 described in §
									12:51:04:05 and may not move any
	 such regulated article within, from, into, or through this state contrary to
	 chapters 12:51:07 to 12:51:09, inclusive.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-6,
		38-24A-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:07 - Treatment and disposition › Section 12:51:07:01 - Treatment of equipment

Current through Register Vol. 51, page 10, July 15, 2024
Regulated equipment specified in §
									12:51:04:02 must be cleaned and
	 free of soil, plant parts, seeds, and physical debris prior to movement into or
	 within South Dakota. At a minimum, regulated equipment must be cleaned using
	 the following procedures as applicable:
(1) Clean the crop tank;
(2) Open separation equipment and fan
  completely;
(3) Open all traps and
  remove all debris;
(4) Remove all
  soil and physical debris from all accessible areas; and
(5) Operate mechanized equipment empty with
  all functions engaged at operational revolutions per minute for five minutes.
The secretary may order steam cleaning, pressure washing, or the use of
	 forced air to treat regulated equipment.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:07 - Treatment and disposition › Section 12:51:07:02 - Treatment of other regulated articles

Current through Register Vol. 51, page 10, July 15, 2024
Treatment of regulated articles specified in §§
									12:51:04:01,
	 12:51:04:03,
	 12:51:04:04,
	 12:51:04:05, and 12:51:04:06
	 includes fumigation treatment, heat treatment, mechanical treatment, chemical
	 treatment, removal of infested material, or other measures as ordered by the
	 secretary.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:07 - Treatment and disposition › Section 12:51:07:03 - Disposal of infested material

Current through Register Vol. 51, page 10, July 15, 2024
Weed seeds, plant parts, soil, and other debris collected when treating
	 regulated articles must be disposed of in a manner that prevents dissemination
	 of the regulated pests listed in chapter 12:51:03. The secretary may order the
	 use of specific means of disposal of infested material in individual
	 cases.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:07 - Treatment and disposition › Section 12:51:07:04 - Disposition of articles in violation

Current through Register Vol. 51, page 10, July 15, 2024
Regulated plants or articles in violation of §
									12:51:06:01,
	 12:51:06:02, or 12:51:06:03.must
	 be returned to the point of origin, destroyed, or, if possible, treated in a
	 manner prescribed in §
									12:51:07:01,
	 12:51:07:02, or 12:51:07:03. Until
	 disposition is determined by the secretary, all articles must be transported,
	 stored, or held in a manner that prevents possible spread of infestation. All
	 costs of treatment, return to shipper, or destruction must be borne by the
	 owner.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-12,
		38-24A-12.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:08 - Movement of regulated articles › Section 12:51:08:01 - Movement of regulated articles from Karnal bunt infested areas

Current through Register Vol. 51, page 10, July 15, 2024
A regulated article may be moved from an area infested with Karnal bunt
	 into, through, or within this state only under the following conditions:
(1) With a certificate or limited permit
  issued and attached in accordance with 7 C.F.R. § 301.89 - 6 and
  301.89-10, as published in 69 Fed.
  Reg. 8095 to 8097, inclusive, (February 23, 2004);
(2) With a certificate or permit issued in
  accordance with §§
									12:51:09:02 and
  12:51:09:03 by the state plant
  regulatory official in the state of origin and attached in accordance with
  §
									12:51:09:04;
(3) Without a certificate or permit, if the
  following conditions are met:
(a) The
  regulated article was moved into the regulated area from an area that is not
  infested;
(b) The point of origin
  is indicated on the waybill accompanying the regulated article;
(c) The regulated article is moved through
  the infested area without stopping; has been stored, packed, or handled at
  locations approved by the secretary as not posing a risk of contamination with
  Karnal bunt; or has been treated in accordance with the methods and procedures
  prescribed in 7 C.F.R. § 301.89-13, as published in 69 Fed. Reg. 8095 to
  8097, inclusive, (February 23, 2004), while in or moving through any infested
  area; and
(d) The article has not
  been combined or commingled with other articles so as to lose its individual
  identity; or
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:51 - Plant quarantine › Chapter 12:51:09 - Inspection and certification › Section 12:51:09:01 - Assembly and inspection of regulated articles

Current through Register Vol. 51, page 10, July 15, 2024
Persons requiring inspection, certification, or other services from the
	 secretary must request the services from the secretary at least 48 hours before
	 the services are needed. The secretary may designate the place and manner of
	 assembly of regulated articles for the purpose of inspection.
General Authority:
SDCL
		38-24A-9.
Law Implemented:
SDCL
		38-24A-9,
		38-24A-14.