SDCL § 34-38-27: Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor.

Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section is a Class 2 misdemeanor.