South Dakota Administrative Code

Rule 74:55:01:23 Criteria for underground source of drinking water. 74:55:01:23. Criteria for underground source of drinking water. An underground source of drinking water shall be protected from underground injection. No owner or operator may cause or allow any movement of injec…

Rule 74:55:01:24 Designation of exempted aquifers. 74:55:01:24. Designation of exempted aquifers. The board may exempt an aquifer or a portion of an aquifer and designate it as an exempted aquifer if it meets the following criteria: (1) It does not currently serve as a source of …

Rule 74:55:01:25 Information considered for permit issuance. 74:55:01:25. Information considered for permit issuance. Prior to the issuance of a permit for the construction of a new well the secretary shall require the following: (1) A complete permit application; (2) Information…

Rule 74:55:01:26 Information required in permit application. 74:55:01:26. Information required in permit application. The permit application shall include, but not be limited to, a technical report which includes the following: (1) A physical description and analysis of the regio…

Rule 74:55:01:26.01 Technical revisions to an injection permit. 74:55:01:26.01. Technical revisions to an injection permit. The board, through permit conditions, may authorize the secretary to approve proposed technical revisions to injection operations without the requirement of…

Rule 74:55:01:26.02 Permit amendment required. 74:55:01:26.02. Permit amendment required. A permit amendment is required for major modifications. Major modifications include the following: (1) The addition of proposed affected land not within the approved permit area; (2) The exp…

Rule 74:55:01:27 Well inventory information. 74:55:01:27. Well inventory information. Within one year after beginning injection operations, all owners or operators of new wells shall submit well inventory information on forms provided by the secretary. Source: 8 SDR 71, effective…

Rule 74:55:01:28 Determination of influence of injection on groundwater. 74:55:01:28. Determination of influence of injection on groundwater. The volume and areal extent of groundwater anticipated to be influenced by the injection activities shall be determined by the owner or op…

Rule 74:55:01:29 Well mechanical integrity test. 74:55:01:29. Well mechanical integrity test. Prior to putting a new well into service or reissuance of a permit for a salt solution well, the well shall be tested by the owner or operator to determine the mechanical integrity of th…

Rule 74:55:01:30 Acceptable methods for mechanical integrity tests -- Report to secretary. 74:55:01:30. Acceptable methods for mechanical integrity tests -- Report to secretary. The owner or operator and the secretary shall apply methods and standards generally accepted in the in…

Rule 74:55:01:31 Well construction requirements. 74:55:01:31. Well construction requirements. The method for well construction shall be stated in the permit application. Construction requirements listed in this section apply to all wells installed for activities related to in sit…

Rule 74:55:01:31.01 Well construction requirements -- Injection wells. 74:55:01:31.01. Well construction requirements -- Injection wells. The following construction requirements apply to injection wells and are in addition to the requirements listed in § 74:55:01:31: All injectio…

Rule 74:55:01:32 Conducting well logs. 74:55:01:32. Conducting well logs. Appropriate logs and tests shall be conducted during the drilling and construction of new injection wells. A descriptive report prepared by a knowledgeable log analyst interpreting the results of such logs …

Rule 74:55:01:33 Supervision of well construction and testing. 74:55:01:33. Supervision of well construction and testing. All phases of well construction and testing shall be done under the supervision of a driller licensed pursuant to SDCL 46-6-9. Source: 8 SDR 71, effective Dec…

Rule 74:55:01:34 Determining information on water-bearing injection zone. 74:55:01:34. Determining information on water-bearing injection zone. The following information concerning the water-bearing injection zone shall be determined: (1) Fluid pressure; (2) Temperature; (3) Frac…

Rule 74:55:01:35 Establishment of baseline water quality in new mining areas. 74:55:01:35. Establishment of baseline water quality in new mining areas. Before mining a new area or section in a production zone, the operator shall submit a baseline ground water quality sampling pla…

Rule 74:55:01:36 Confinement of recovery fluid. 74:55:01:36. 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. If recovery flu…

Rule 74:55:01:37 Repealed. 74:55:01:37. Monitor well requirements for underground sources of drinking water. Repealed. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:37, July 1, 1996; repealed, 34 SDR 279…

Rule 74:55:01:38 Monitor well requirements in formation not considered underground source of drinking water. 74:55:01:38. Monitor well requirements in formation not considered underground source of drinking water. If injection is into a formation in which the water is greater tha…

Rule 74:55:01:39 Monitoring subsidence. 74:55:01:39. Monitoring subsidence. 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 area subject to sub…

Rule 74:55:01:40 Minimum requirements for monitor wells. 74:55:01:40. Minimum requirements for monitor wells. In determining the number, location, and frequency of sampling of the monitor wells the following shall be considered: (1) Whether or not any person is relying on the und…

Rule 74:55:01:41 Production area monitor well location and spacing requirements. 74:55:01:41. Production area monitor well location and spacing requirements. The designated production area monitor wells shall be spaced no more than 400 feet from the production area and with spaci…

Rule 74:55:01:42 Nonproduction zone monitoring. 74:55:01:42. 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 located within the…

Rule 74:55:01:43 Secretary to sample monitor wells. 74:55:01:43. Secretary to sample monitor wells. The secretary shall take samples from the monitor wells on a schedule determined by the secretary. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective …

Rule 74:55:01:44 Prohibitions -- Injection volumes and pressure. 74:55:01:44. 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 or propagated in…

Rule 74:55:01:45 Repealed. 74:55:01:45. Restoration demonstration required. Repealed. Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:45, July 1, 1996; repealed, 34 SDR 279, effective May 12, 2008. Rule 74…

Rule 74:55:01:45.01 Ground water restoration table. 74:55:01:45.01. Ground water restoration table. Based upon the information submitted in accordance with subdivision 74:55:01:26(18), the department shall develop a ground water restoration table with assigned ground water qualit…

Rule 74:55:01:46 Production area operational monitoring requirements. 74:55:01:46. Production area operational monitoring requirements. The monitoring plan included in the permit shall describe the procedures for operational monitoring of the quantity and quality of mining soluti…

Rule 74:55:01:47 Reporting requirements for injection zone. 74:55:01:47. Reporting requirements for injection zone. Monitoring data for the injection zone shall be reported monthly to the secretary. These reports shall be postmarked no later than the tenth day of the following mo…

Rule 74:55:01:48 Duration of monitoring program. 74:55:01:48. Duration of monitoring program. The program of monitoring detailed in this chapter shall be continued in each permit area until aquifer restoration and stabilization in that area has been achieved in compliance with § …

Rule 74:55:01:49 Reporting requirements. 74:55:01:49. 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 of authorization …

Rule 74:55:01:50 Verifying analysis. 74:55:01:50. 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 74:55:01:51 Excursion sampling frequency. 74:55:01:51. Excursion sampling frequency. During 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 analyzed for all control p…

Rule 74:55:01:52 Reporting excursions. 74:55:01:52. Reporting excursions. The operator shall verbally report any suspected excursion to the secretary within 24 hours of detection and initiate actions required by §§ 74:55:01:49 and 74:55:01:50. The operator shall provide monitorin…

Rule 74:55:01:53 Remedial action for excursion. 74:55:01:53. Remedial action for excursion. If the verifying analysis indicates that an excursion has occurred, the operator shall submit to the secretary for review and approval a remedial action plan and a ground water analysis re…

Rule 74:55:01:53.01 Excursions -- Controlled. 74:55:01:53.01. 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 areas is decli…

Rule 74:55:01:53.02 Excursions -- Not controlled. 74:55:01:53.02. 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 for the fol…

Rule 74:55:01:54 Criteria for determination of adequacy of remedial action plan. 74:55:01:54. Criteria for determination of adequacy of remedial action plan. In determining the adequacy of the remedial action plan required in § 74:55:01:53 proposed by the operator and in determin…

Rule 74:55:01:55 Ground water restoration requirements. 74:55:01:55. Ground water restoration requirements. When the mining of an authorized production area is completed, the operator shall notify the secretary and immediately proceed to reestablish groundwater quality in the aff…

Rule 74:55:01:56 Restoration progress reports. 74:55:01:56. 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 secretary until restoration is…

Rule 74:55:01:57 Restoration sampling procedure. 74:55:01:57. Restoration sampling procedure. After first notifying the secretary that mining in a production area is complete and that ground water restoration has begun, the operator shall sample and complete an analysis of design…

Rule 74:55:01:58 Final restoration -- Restoration values achieved.. 74:55:01:58. Final restoration -- Restoration values achieved. The operator shall notify the secretary if the results of six consecutive bimonthly sample sets show that ground water quality in the production zone…

Rule 74:55:01:58.01 Restoration values not achieved. 74:55:01:58.01. Restoration values not achieved. If the restoration values established in the restoration table of the permit are not met after application of best practicable technology, the operator may submit an amendment to…

Rule 74:55:01:59 Requirements for plugging wells, drill holes, and the repair and conversion of wells. 74:55:01:59. Requirements for plugging wells, drill holes, and the repair and conversion of wells. The requirements for plugging drill holes and repair, conversion, and plugging…

Rule 74:55:01:59.01 Well plugging records. 74:55:01:59.01. 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 submitted to the s…

Rule 74:55:01:59.02 Maintenance and retention of records. 74:55:01:59.02. 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 of or refere…

Rule 74:55:01:59.03 Corrective actions for improperly sealed wells. 74:55:01:59.03. Corrective actions for improperly sealed wells. Corrective actions shall be done on wells that are improperly sealed, completed, or abandoned. The operator shall submit a corrective action plan, f…

Rule 74:55:01:60 Closure of mine site following restoration. 74:55:01:60. Closure of mine site following restoration. After completion of final restoration of the permit area aquifers, the operator shall plug wells in accordance with § 74:54:01:59 that will not be used for postcl…

Rule 74:55:01:60.01 Postclosure plan -- Estimated costs for postclosure care. 74:55:01:60.01. 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 shall submit…

Rule 74:55:01:60.02 General postclosure inspection and maintenance activities. 74:55:01:60.02. General postclosure inspection and maintenance activities. During the postclosure period, the operator shall conduct site maintenance and other activities in accordance with the approve…