South Dakota Administrative Code

Rule 74:29:11:25 Recovery plant and satellite facility design and construction requirements. CHAPTER 74:29:11 74:29:11:25. Recovery plant and satellite facility design and construction requirements. In situ leach mine recovery plants and satellite facilities shall be designed and…

Rule 74:29:11:26 Uranium byproduct material handling and disposal systems. CHAPTER 74:29:11 74:29:11:26. Uranium byproduct material handling and disposal systems. Radioactive solids shall be disposed of in accordance with U.S. Nuclear Regulatory Commission Source Material License…

Rule 74:29:11:27 Disposal of liquid waste. CHAPTER 74:29:11 74:29:11:27. Disposal of liquid waste. All liquid waste streams shall be: (1) Collected and retained in lined evaporation ponds or impoundments constructed in accordance with § 74:29:11:23; (2) Disposed of in a permitted…

Rule 74:29:11:28 Disposal of nonradioactive solid waste. CHAPTER 74:29:11 74:29:11:28. Disposal of nonradioactive solid waste. All nonradioactive solid waste shall be disposed of off-site at a permitted solid waste facility or may be disposed of on-site if disposal occurs in a so…

Rule 74:29:11:29 Prohibitions -- Injection volumes and pressure. CHAPTER 74:29:11 74:29:11:29. Prohibitions -- Injection volumes and pressure. The permit shall include maximum injection volume and pressure limits that may not be exceeded to ensure that fractures are not initiated…

Rule 74:29:11:30 Production area operational monitoring requirements. CHAPTER 74:29:11 74:29:11:30. Production area operational monitoring requirements. The monitoring plan included in the permit shall describe the procedures for operational monitoring of the quantity and quality…

Rule 74:29:11:31 Production area monitor well location and spacing requirements. CHAPTER 74:29:11 74:29:11:31. Production area monitor well location and spacing requirements. Production area monitor wells may be located no more than 400 feet from the production area and with spac…

Rule 74:29:11:32 Nonproduction zone monitoring. CHAPTER 74:29:11 74:29:11:32. Nonproduction zone monitoring. At a minimum, nonproduction zone monitor wells shall be completed in any aquifer potentially affected by injection into the production zone. These monitor wells shall be l…

Rule 74:29:11:33 Subsidence monitoring. CHAPTER 74:29:11 74:29:11:33. Subsidence monitoring. Subsidence shall be controlled to the extent that the values and uses of the surface land resources and aquifers will not be degraded. If the injection wells penetrate an aquifer in an ar…

Rule 74:29:11:34 Confinement of recovery fluid. CHAPTER 74:29:11 74:29:11:34. Confinement of recovery fluid. Recovery fluid shall be restricted to those production zones that have been classified by the board as an exempted aquifer within the area of production zone monitor wells…

Rule 74:29:11:35 Reporting excursions. CHAPTER 74:29:11 74:29:11:35. Reporting excursions. The operator shall verbally report any suspected excursion to the department within 24 hours of detection and initiate actions required by § 74:29:11:36. The operator shall provide monitori…

Rule 74:29:11:36 Verifying analysis. 74:29:11:36. Verifying analysis. If a routine sample analysis indicates the presence of a control parameter exceeding its upper limit value in a monitoring well, the operator shall complete a verifying analysis of samples taken from the affect…

Rule 74:29:11:37 Excursion sampling frequency. CHAPTER 74:29:11 74:29:11:37. Excursion sampling frequency. Throughout the time when any control parameter is present in a monitor well, a water sample shall be taken at least two times a week from the well. The samples must be analy…

Rule 74:29:11:38 Remedial action for excursion. 74:29:11:38. Remedial action for excursion. If the verifying analysis indicates that an excursion has occurred, the operator shall submit to the department for review and approval a remedial action plan and a ground water analysis r…

Rule 74:29:11:39 Excursions -- Controlled. CHAPTER 74:29:11 74:29:11:39. Excursions -- Controlled. An excursion is controlled if it can be demonstrated through water quality and ground water gradient or if applicable, pressure measurements, that recovery fluid in unauthorized are…

Rule 74:29:11:40 Excursions -- Not controlled. CHAPTER 74:29:11 74:29:11:40. Excursions -- Not controlled. If an excursion is not controlled within 30 days following confirmation of the excursion, a sample must be collected from each of the affected monitoring wells and analyzed …

Rule 74:29:11:41 Criteria for determination of adequacy of remedial action plan. CHAPTER 74:29:11 74:29:11:41. Criteria for determination of adequacy of remedial action plan. In determining the adequacy of the remedial action plan required in § 74:29:11:38 proposed by the operato…

Rule 74:29:11:42 Reporting requirements. CHAPTER 74:29:11 74:29:11:42. Reporting requirements. The operator's reporting requirements are as follows: (1) A qualitative analysis and ranges in concentrations of all constituents of injected fluids at least once within the first year …

Rule 74:29:11:43 Well construction records. CHAPTER 74:29:11 74:29:11:43. Well construction records. For all wells constructed at an in situ leach operation, well drillers shall prepare and file well construction records as required by § 74:02:04:65. The well construction records…

Rule 74:29:11:44 Well plugging records. CHAPTER 74:29:11 74:29:11:44. Well plugging records. For any well abandoned and plugged at an in situ leach mine, well drillers shall prepare and file well plugging records as required by § 74:02:04:71. The plugging records shall be submitt…

Rule 74:29:11:45 Maintenance and retention of records. CHAPTER 74:29:11 74:29:11:45. Maintenance and retention of records. The operator shall retain records of all monitoring information at the mine site, including the following: (1) Laboratory analyses, including a description o…

Rule 74:29:11:46 Ground water restoration requirements. CHAPTER 74:29:11 74:29:11:46. Ground water restoration requirements. When the mining of a production area is completed, the operator shall notify the department and immediately proceed to reestablish ground water quality in …

Rule 74:29:11:47 Restoration sampling procedure. CHAPTER 74:29:11 74:29:11:47. Restoration sampling procedure. After notifying the department that mining in a production area is complete and that ground water restoration has begun, the operator shall sample and complete an analys…

Rule 74:29:11:48 Restoration progress reports. CHAPTER 74:29:11 74:29:11:48. Restoration progress reports. Beginning six months after the indicated date for initiation of restoration of a production area, the operator shall provide semiannual progress reports to the department un…

Rule 74:29:11:49 Final restoration -- Restoration values achieved. CHAPTER 74:29:11 74:29:11:49. Final restoration -- Restoration values achieved. The operator shall notify the department if the results of six consecutive bimonthly sample sets show that ground water quality in th…

Rule 74:29:11:50 Restoration values not achieved. CHAPTER 74:29:11 74:29:11:50. Restoration values not achieved. If the restoration values established in the restoration table of the mine permit are not met after application of best practicable technology, the operator may submit…

Rule 74:29:11:51 Closure of mine site following restoration. CHAPTER 74:29:11 74:29:11:51. Closure of mine site following restoration. After completion of final restoration of all permit area aquifers, the operator shall plug wells that will not be used for postclosure monitoring…

Rule 74:29:11:52 Reclamation of in situ leach mine surface facilities. CHAPTER 74:29:11 74:29:11:52. Reclamation of in situ leach mine surface facilities. The reclamation of surface facilities shall conform to §§ 74:29:05:04, 74:29:05:05, and 74:29:07:13. Ponds and impoundments m…

Rule 74:29:11:53 Radiation survey of surface facilities at mine closure. CHAPTER 74:29:11 74:29:11:53. Radiation survey of surface facilities at mine closure. For uranium in situ leach mines, at mine closure the operator shall submit a radiation sampling and survey plan to the de…

Rule 74:29:11:54 Radiation standards for closure of surface facilities. 74:29:11:54. Radiation standards for closure of surface facilities. For in situ uranium mine operations, closed surface facilities shall be considered suitable for release for unrestricted use if the followin…

Rule 74:29:11:55 Postclosure plan -- Estimated costs for postclosure care. CHAPTER 74:29:11 74:29:11:55. Postclosure plan -- Estimated costs for postclosure care. As part of the postclosure plan required by SDCL 45-6B-91, before the start of the postclosure period, the operator s…

Rule 74:29:11:56 General postclosure inspection and maintenance activities. CHAPTER 74:29:11 74:29:11:56. General postclosure inspection and maintenance activities. During the postclosure period, the operator shall conduct site maintenance and other activities in accordance with …

Rule 74:29:11:57 Postclosure operation of monitoring systems. CHAPTER 74:29:11 74:29:11:57. Postclosure operation of monitoring systems. During the postclosure period, the operator shall continue surface and ground water quality monitoring in accordance with the approved postclos…

Rule 74:29:11:58 Ground water contamination during the postclosure period. CHAPTER 74:29:11 74:29:11:58. Ground water contamination during the postclosure period. Ground water contamination detected during the postclosure period shall be confirmed by additional sampling conducted…

Rule 74:29:11:59 End of the postclosure period. CHAPTER 74:29:11 74:29:11:59. End of the postclosure period. The postclosure period shall end when the restored aquifer's water quality consistently meets the restoration values on the permit restoration table and care and maintenan…

Rule 74:29:11:60 Public notice for in situ leach mines. 74:29:11:60. Public notice for in situ leach mines. The department shall provide on its website quarterly updates on the operational status, compliance status, technical revisions submitted or approved, public notices, and o…

74:29:12:01. Postclosure water treatment costs. For mine permits in which postclosure water treatment is required, the operator shall submit estimated capital and replacement costs of the treatment system and estimated annual treatment costs to board staff for review and verifica…

74:29:12:02. Building salvage value not allowed. Credit for salvage value of buildings and other structures or abandoned equipment and supplies is not permitted in reclamation financial assurance and postclosure financial assurance calculations. Source: 52 SDR 24, effective Septe…

74:29:12:03. Forms of financial assurance. The board may accept the following forms of financial assurance: (1) Surety bonds; (2) Certificates of deposit; (3) Irrevocable letters of credit; (4) Cash; and (5) Government securities. The board may not accept as financial assurance a…

74:29:12:04. Surety bonds. A surety bond as financial assurance is subject to the following requirements: (1) The operator shall submit a fully executed corporate surety bond on a form provided by the department and signed by the operator as principal and by a surety insurer cert…

74:29:12:05. Certificates of deposit. A certificate of deposit as financial assurance is subject to the following requirements: (1) An assignment of a certificate of deposit may not exceed a denomination of one hundred thousand dollars, or the maximum insurable amount as determin…

74:29:12:06. Irrevocable letters of credit. An irrevocable letter of credit as financial assurance is subject to the following requirements: (1) The letter of credit is irrevocable and automatically extended for additional periods of one year from the expiration date unless the b…

74:29:12:07. Cash deposits. Cash deposited in an account with this state as financial assurance is subject to the following requirements: (1) The board may only accept cash in the form of a cashier's check in the name of the operator. Individuals may not submit a cashier's check …

74:29:12:08. Government securities. Government securities as financial assurance are subject to the following requirements: (1) The government securities are backed by the full faith and credit of the United States government and must be purchased from a United States bank or bro…

74:29:12:09. Authorized signers. A certificate of deposit, surety bond, or letter of credit may only be signed by a person authorized by the operator. The operator shall submit a notarized letter with the operator's letterhead to the department, which lists the person or persons …

74:29:12:10. Insolvency or bankruptcy of surety company or bank. If the department determines that a surety company or bank, by reason of bankruptcy, insolvency, or suspension or revocation of its license, has become unable to fulfill its obligations, the operator is deemed to be…

74:29:12:11. Provisions for recovery of forfeiture costs. The board shall recover the costs involved, including attorney's fees, in the forfeiture of financial assurance. Estimated forfeiture costs must be included in the calculated reclamation financial assurance and postclosure…

74:29:12:12. Board refusal to accept financial assurance. The board may refuse to accept any form of financial assurance if: (1) The value of the financial assurance is dependent upon the success, profitability, or continued operation of the mine; or (2) The board determines that…

74:29:12:13. Provisions for large-scale heap leach gold mine holding costs. A large-scale heap leach gold mine shall submit a cash deposit that complies with the requirements of § 74:29:12:07 to cover holding costs for a period of time until proceeds from a forfeited reclamation …

74:29:12:14. Net present value calculations for postclosure financial assurance. The board shall use a net present value calculation for postclosure financial assurance. The board may utilize inflation and discount rate projections provided by the South Dakota Investment Council.…