South Dakota Codified Laws 34-38-30. Impermissible methods for dispensing fuel from aboveground tank–Equipment requirements as to tanks–Failure to comply as misdemeanor
No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow.
If an aboveground storage tank is at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device such as a normally–closed solenoid valve that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser if the piping or hose fails.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 34-38-30
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
If a submersible pump system is used, a listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device which is designed to close automatically in the event of severe impact or fire exposure, shall be installed in accordance with the manufacturer’s instructions in the supply line at the base of each individual island–type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip joint feature may not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold–open linkage.
If a suction pump–type dispensing device is used, a listed, vacuum–actuated shut–off valve, with a shear section, or an equivalent–type valve shall be installed directly beneath each dispensing device.
Shut–off and check valve shall be equipped with a pressure–relieving device to relieve the pressure generated by thermal expansion back to the tank and piping shall be routed so that exposure to physical damage is minimized.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1991, ch 269, § 8.