Title 45 — MINING, OIL AND GAS

All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. Noxious weeds infestations shall be controlled during all phases of the mining operation and reclamation. S…

A proposed reclamation plan filed pursuant to § 45-6B-5 or any substantial amendment to an existing reclamation shall be developed by the operator, the department, and the landowner. This plan shall determine which parts of the affected land shall be reclaimed for forest, range, …

Depending on the reclamation plan approved by the board, the operator shall meet the following requirements: (1) If the choice of reclamation is forest planting, the operator may, with the approval of the Board of Minerals and Environment, select the type of trees to be planted. …

All reclamation provided for in § 45-6B-45 shall be carried to completion by the operator with all reasonable diligence, and each phase of reclamation shall be completed within five years, unless such period is extended by the Board of Minerals and Environment upon a finding that…

Any mining operation permit may be transferred. If one operator succeeds another at any uncompleted operation, the successor operator shall make application for a transfer to the Board of Minerals and Environment. The board may not deny a transfer unless the operation is not in c…

If the secretary of agriculture and natural resources has reason to believe that a violation of an order, permit, notice of intent, or rule issued under the authority of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice …

If the secretary of agriculture and natural resources determines that any violation of any provisions of this chapter or of any notice, permit, or rule issued or promulgated under authority of this chapter exists, the board, not less than forty - eight hours after service of the …

Any person desiring to engage in a mining operation shall make written application to the Board of Minerals and Environment for a permit for each mining operation on forms furnished by the board. The permit, if approved, authorizes the operator to engage in the mining operation o…

The Board of Minerals and Environment may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease and desist order; except that an earlier date for hearing may be requested by the alleged violator. If a hearing is held p…

Upon a determination, after hearing, that a violation of a permit provision has occurred, the Board of Minerals and Environment may modify, suspend, or revoke the pertinent permit. If the board suspends or revokes the permit of an operator, the operator may continue mining operat…

The Board of Minerals and Environment may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of this chapter. Any suit under this section shall be brought i…

Any mining operation, other than an in situ mining operation or a mining operation that employs a cyanide leaching or other chemical or biological leaching process to extract minerals from ore, which affects less than ten acres, excluding access roads, and extracts less than twen…

The operator shall obtain a permit from the Board of Minerals and Environment by filing an application with the board that shall set forth the following information: (1) The address of the general office and the local address or addresses of the operator; (2) The name of the owne…

The application must be accompanied by: (1) A nonrefundable fee of one hundred dollars; and (2) A surety, in an amount determined sufficient by the board to cover the cost of reclamation, but not exceeding thirty-eight thousand five hundred dollars. Source: SL 1982, ch 305 , § 55…

Except as provided in subsection 45-6B-3(6)(b), the operator shall annually file on the anniversary date of the permit a notice of intent to continue mining operations. The notice of intent shall contain an annual fee of fifty dollars and comply with the reporting requirements of…

The operator, at any time after the completion of reclamation, may notify the Board of Minerals and Environment that the land has been reclaimed. Upon receipt of the notice that the affected land or a portion of it has been reclaimed, the board shall cause the land to be inspecte…

45-6B-59 Laws applicable to processing and action on applications. 45-6B-60 Small-scale operation--Conversion of permit to larger operation. 45-6B-61 Small-scale operation--Conversion of permit--Time for action on application. 45-6B-62 Small-scale operation--Conversion of permit-…

Applications for permits under § 45-6B-53 shall be processed and final action taken thereon within forty - five days of the filing thereof. The provisions of §§ 45-6B-16 , 45-6B-17 , and 45-6B-28 concerning publication, notice, written objections, petitions, and supporting docume…

The application form shall contain the following information: (1) The legal description and area of affected land; (2) The owner of the surface of the area of the affected land; (3) The owner of the substance to be mined; (4) The source of the applicant's legal right to enter and…

Any operator conducting an operation under a permit issued under § 45-6B-59 , who has held the permit for two consecutive years or more, and who subsequently desires to expand it to a size in excess of the limitation set forth in § 45-6B-53 , may request the conversion of his per…

Applications for conversion of a permit under § 45-6B-60 shall be processed and final action taken thereon within ninety days of the complete filing thereof. Source: SL 1982, ch 305 , § 61.

The provisions of §§ 45-6B-16 , 45-6B-17 , and 45-6B-28 , concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to application pursuant to § 45-6B-60 ; but the Board of Minerals and Environment shall, by rule, …

The Board of Minerals and Environment may not deny the conversion of a permit issued pursuant to § 45-6B-53 for any reason other than those set forth in §

The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §

The attorney general, upon request of and on behalf of the Board of Minerals and Environment, may foreclose upon all real estate provided as surety. The board may dispose of such real estate and apply the proceeds of the disposed real estate to the reclamation of lands not reclai…

The Board of Minerals and Environment shall reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited. Source: SL 1982, ch 305 , § 67.

All application fees and renewal fees received by the Board of Minerals and Environment shall be deposited by the board in the environment and natural resources fee fund established pursuant to §

The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is required on all affected lands except as provided in §§ 45-6B-8 and

Any person who violates any provision of any permit issued under this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs, for damages to the environment of t…

A person who operates a mining operation without a valid permit issued pursuant to the provisions of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day during which such violation occurs. Source: SL 1…

Any operator mining within one hundred feet of a lake or stream of this state without a permit issued pursuant to this chapter is guilty of a Class 2 misdemeanor. Source: SL 1983, ch 309 , § 1.

It is a violation of a mining permit's terms and conditions to refuse entry or access to any authorized representative of the Board of Minerals and Environment who after presenting appropriate credentials requests entry for the purpose of inspection under this chapter; nor may an…

The Board of Minerals and Environment shall carry out and administer the provisions of this chapter. The board has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter. The Department of Agriculture and …

The Board of Minerals and Environment may initiate and encourage studies and programs through the Department of Agriculture and Natural Resources and in other agencies and institutions of state government relating to the development of less destructive methods of mining operation…

The Department of Agriculture and Natural Resources, the Department of Game, Fish and Parks, the Department of Education, the commissioner of school and public lands, and soil conservation boards shall furnish the Board of Minerals and Environment and its designees, as far as pra…

The Board of Minerals and Environment may: (1) Administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing; (2) Accept gifts, contributions, federal grants - in - aid, or financial aid from any other source for accomplishing reclamation or imple…

45-6B-78. Repealed by SL 2005, ch 237 , § 7.

45-6B-79 Use of reclamation fund. 45-6B-80 Exemption of educational and recreational activities. 45-6B-81 Promulgation of rules. 45-6B-82 45-6B-82 to 45-6B-85. Repealed by SL 2005, ch 237 , §§ 1 to 6. 45-6B-85.1

The Board of Minerals and Environment may allocate funds from the reclamation fund created by section 30 of chapter 251 of the 1971 Session Laws. These funds may be used for the reclamation of previously affected lands. Source: SL 1983, ch 310 .

Any new or existing surface mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1971. The Board of Minerals and Environme…

Any person engaged in recreational, hobby, amateur, or field activities independently or sponsored by educational institutions or by organizations involved in earth science activities including, but not limited to, geology, mineralogy, paleontology, treasure hunting, gold panning…

The board may promulgate rules, pursuant to chapter 1-26 , to: (1) Establish the procedure for filing and departmental review of mining permit applications; (2) Establish the procedure for amending mining permits; (3) Establish the procedure for transfer of permits; (4) Provide f…

Executed 45-6B-86

45-6B-87 Large-scale gold or silver surface mining operations not exempt from federal laws. 45-6B-88 Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation. 45-6B-89

Nothing in this chapter relieves the holder of any large-scale gold or silver surface mining permit from any of the requirements of the Clean Air Act of 1955, as amended to January 1, 2011, the Clean Water Act of 1977, as amended to January 1, 2011, the South Dakota Air Quality A…

The board, by rules adopted in compliance with chapter 1-26 , shall provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a co…

45-6B-90

Such survey shall include a description of the dominant species of wildlife inhabiting the area. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habi…

45-6B-91 Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator. 45-6B-92 Description of critical resources affected by reclamation plan. 45-6B-93 Annual report on large-scale gold or silver surface mining…

The operator shall prepare a detailed postclosure plan for a mining operation. The plan shall include, at a minimum, a description of the activities, methods, procedures, and processes necessary to ensure the continued effectiveness of reclamation measures and compliance with app…