CHAPTER 74:55:01
UNDERGROUND INJECTION CONTROL -- CLASS III WELLS
Section
74:55:01:01 Definitions.
74:55:01:02 Class III injection wells subject to the provisions of this chapter.
74:55:01:03 Permit required for well injection -- Plans and specifications required.
74:55:01:04 Date of application for new wells.
74:55:01:05 Signatories of permit application.
74:55:01:06 Qualifications for duly authorized representative of signatory.
74:55:01:07 Certification requirements of signatory.
74:55:01:08 Duration of permits.
74:55:01:09 Permit transfer.
74:55:01:10 Issuance of area permit.
74:55:01:11 Authorizing new injection wells under area permit.
74:55:01:12 Secretary's recommendation on permit applications.
74:55:01:13 Notice of recommendation.
74:55:01:14 Recommendation becomes final if uncontested.
74:55:01:15 Contents of petition.
74:55:01:16 Intervention.
74:55:01:17 Answers to petitions.
74:55:01:18 Filing procedures.
74:55:01:19 Hearing date.
74:55:01:20 Notice of hearing.
74:55:01:21 Compliance schedule for permit conditions.
74:55:01:22 Information not considered confidential.
74:55:01:23 Criteria for underground source of drinking water.
74:55:01:24 Designation of exempted aquifers.
74:55:01:25 Information considered for permit issuance.
74:55:01:26 Information required in permit application.
74:55:01:26.01 Technical revisions to an injection permit.
74:55:01:26.02 Permit amendment required.
74:55:01:27 Well inventory information.
74:55:01:28 Determination of influence of injection on groundwater.
74:55:01:29 Well mechanical integrity test.
74:55:01:30 Acceptable methods for mechanical integrity tests -- Report to secretary.
74:55:01:31 Well construction requirements.
74:55:01:31.01 Well construction requirements -- Injection wells.
74:55:01:32 Conducting well logs.
74:55:01:33 Supervision of well construction and testing.
74:55:01:34 Determining information on water-bearing injection zone.
74:55:01:35 Establishment of baseline water quality in new mining areas.
74:55:01:36 Confinement of recovery fluid.
74:55:01:37 Repealed.
74:55:01:38 Monitor well requirements in formation not considered underground source of drinking water.
74:55:01:39 Monitoring subsidence.
74:55:01:40 Minimum requirements for monitor wells.
74:55:01:41 Production area monitor well location and spacing requirements.
74:55:01:42 Nonproduction zone monitoring.
74:55:01:43 Secretary to sample monitor wells.
74:55:01:44 Prohibitions -- Injection volumes and pressure.
74:55:01:45 Repealed.
74:55:01:45.01 Ground water restoration table.
74:55:01:46 Production area operational monitoring requirements.
74:55:01:47 Reporting requirements for injection zone.
74:55:01:48 Duration of monitoring program.
74:55:01:49 Reporting requirements.
74:55:01:50 Verifying analysis.
74:55:01:51 Excursion sampling frequency.
74:55:01:52 Reporting excursions.
74:55:01:53 Remedial action for excursion.
74:55:01:53.01 Excursions -- Controlled.
74:55:01:53.02 Excursions -- Not controlled.
74:55:01:54 Criteria for determination of adequacy of remedial action plan.
74:55:01:55 Ground water restoration requirements.
74:55:01:56 Restoration progress reports.
74:55:01:57 Restoration sampling procedure.
74:55:01:58 Final restoration -- Restoration values achieved.
74:55:01:58.01 Restoration values not achieved.
74:55:01:59 Requirements for plugging wells, drill holes, and the repair and conversion of wells.
74:55:01:59.01 Well plugging records.
74:55:01:59.02 Maintenance and retention of records.
74:55:01:59.03 Corrective actions for improperly sealed wells.
74:55:01:60 Closure of mine site following restoration.
74:55:01:60.01 Postclosure plan -- Estimated costs for postclosure care.
74:55:01:60.02 General postclosure inspection and maintenance activities.
74:55:01:60.03 Postclosure operation of monitoring systems.
74:55:01:60.04 Ground water contamination during the postclosure period.
74:55:01:60.05 End of the postclosure period.
74:55:01:60.06 Public notice for Class III wells.
74:55:01:61 Financial assurance guaranteeing the performance of corrective actions.
74:55:01:01. Definitions. Terms used in this chapter mean:
(1) "Abandoned well," a well whose use has been permanently discontinued or which is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes, or which is abandoned pursuant to SDCL 46-6-27;
(2) "Aquifer," a geologic formation, group of geologic formations, or part of a geologic formation that contains sufficient saturated permeable material to yield economical quantities of water to wells and springs;
(3) "Aquifer restoration," the process of achieving or exceeding the water quality levels established by the secretary for any production area;
(4) "Area permit," a well permit which authorizes the construction and operation of two or more similar wells within a specified area;
(5) "Area of review," that area within one-quarter mile radius of the injection well;
(6) "Baseline," a pre-existing condition, concentration, quantity, or quality that is set as a specific value or guideline against which future values are compared;
(7) "Baseline well," a well from which groundwater is analyzed to define baseline quality in the mine area (a regional baseline well) or in the production area (a production area baseline well);
(8) "Best practicable technology," a technology-based process justifiable in terms of existing performance and achievability in relation to health and safety which minimizes, to the extent safe and practicable, disturbances and adverse impacts of the operation on human or animal life, fish, wildlife, plant life, and related environmental values;
(9) "Board," the South Dakota Board of Water Management;
(10) "Casing," a tubular structure, generally of metal, concrete, or thermoplastic, which is installed in a well bore to maintain the well opening;
(11) "Catastrophic collapse," the sudden and utter failure of overlying strata caused by removal of underlying materials;
(12) "Cementing," the process of mixing and placing cement grout in a hole to prevent the vertical movement of fluids in the hole or the annulus;
(13) "Class III well," under the federal Underground Injection Control (UIC) program promulgated under Part C of the Safe Drinking Water Act, 42 U.S.C. 300 et seq (2003), a well that injects fluids for extraction of minerals, including solution mining of minerals. The term includes any well used in:
(a) Mining of sulfur by the Frasch process;
(b) In situ leach mining of uranium or other metals. This category includes only in situ production from ore bodies that have not been conventionally mined. Wells used for solution mining, such as stope leaching, are classified as Class V wells; or
(c) In situ mining of salts, trona, or potash;
(14) "Confining zone," a geological formation of slight or moderate permeability stratigraphically adjacent to one or more aquifers; and that restricts the movement of ground water into and out of the aquifer or aquifers it confines;
(15) "Contaminant," any physical, chemical, biological, or radiological substance or matter in water, soil, or air that is potentially harmful to human health or the health of animals or plants;
(16) "Control parameter," a chemical constituent of groundwater monitored on a routine basis and used to detect or confirm the presence of recovery fluids in a designated monitor well;
(17) "Excursion," any unwanted and unauthorized movement of recovery fluid out of the production zone as a result of in situ leach mining activities;
(18) "Exempted aquifer," an aquifer or portion of an aquifer that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to § 74:55:01:24;
(19) "Facility," all contiguous land, structures, and improvements on the land used for underground injection activities associated with Class III wells;
(20) "Flow rate," the volume per time unit given to the flow of gases or other fluids which emerges from an orifice, pump, or turbine or which passes along a conduit or channel;
(21) "Fluid," a substance which flows whether in a semisolid, liquid, sludge, gas, or other form;
(22) "Formation," a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity that is prevailingly, but not necessarily, tabular and is mapable on the earth's surface or traceable in the subsurface;
(23) "Formation fluid," fluid present in a formation under natural conditions as opposed to introduced fluids;
(24) "Groundwater," water below the land surface in a zone of saturation;
(25) "Ground water restoration," the condition achieved when the quality of ground water affected by the injection of mining solution in production and nonproduction zones is returned to restoration table values;
(26) "Grout," a slurry that is used to form a permanent, impervious seal in the annular space or to fill and seal abandoned holes or wells;
(27) "Injection well," a well into which fluids are injected, a Class III well;
(28) "Injection zone or production zone," a geological formation, group of formations, or part of a formation receiving fluids through a well for the purposes of mineral recovery;
(29) "In situ leach mining," a method of in-place surface mining in which limited quantities of overburden are disturbed to install a conduit or well and the mineral is mined by injecting or recovering a liquid, solid, sludge, or gas that causes the leaching, dissolution, gasification, liquefaction, or extraction of the mineral. In situ leach mining does not include the primary or enhanced recovery of naturally-occurring oil and gas;
(30) "Lithology," the description of rocks on the basis of their physical and chemical characteristics;
(31) "Mechanical integrity," the condition of an injection well, when there is no significant leak in the casing, tubing, or packer, and there is no significant fluid movement into an unauthorized zone or underground source of drinking water through vertical channels adjacent to the injection well bore. The determination that there are no significant leaks or fluid movement is based on the results of the mechanical integrity testing;
(32) "Mine area," a production area and that area encompassed by a radius around the production area not more than 400 feet out from the closest injection wells;
(33) "Mining solution," for an in situ leach mine, the injected fluid containing the chemicals used to mobilize the ore minerals into solution;
(34) "Monitor well," a well used for the sampling or measurement of a chemical or physical property of groundwater;
(35) "Negative pressure gradient," the condition that results from the creation of a localized hydrological cone of depression or pressure sink within the production zone caused by the production of more fluid than was injected. This pressure gradient provides containment of the recovery fluid by causing natural ground water to move from the surrounding area toward the production zone;
(36) "New injection well," a well or group of wells not in existence on December 24, 1981;
(37) "Nonproduction zone," an aquifer which is above or below the active production zone;
(38) "Owner or operator," a person who owns or operates a facility or activity subject to regulation under this chapter;
(39) "Permit area," the area, including the affected lands, within specified boundaries approved by the board;
(40) "Plugging," the process of filling a borehole or a well to restore hydrologic conditions and to prevent migration of ground water between formations;
(41) "Plugging record," a systematic listing of permanent or temporary abandonment of water, oil, gas, test, exploration, and waste injection wells which may contain a well log, description of amounts and types of plugging material used, the method employed for plugging, a description of formations which are sealed, and a graphic log of the well showing formation location, formation thickness, and location of plugging structures;
(42) "Postclosure Period," for each Class III injection well operation, the operator shall begin postclosure care period immediately following the determination by the board that the operator has achieved restoration of the aquifier(s) and continue postclosure care for thirty years. The board may modify the permit to reduce the length of the postclosure care period at any time after aquifer restoration has been achieved if a reduced period ensures compliance with all applicable performance standards. The board may modify the permit to extend the period beyond thirty years if necessary to ensure compliance with all applicable performance standards or design and operating criteria;
(43) "Pressure," the total force per unit area acting on a surface;
(44) "Production area," the plan view showing the area in which mineral extraction is taking place;
(45) "Production well," a well or conduit through which a recovery fluid, mineral, or product is produced from the subsurface. If a well is used for both injection and recovery, it is considered an injection well for the purposes of this chapter until the operator has adequately demonstrated to the department that the well has been converted to uses other than injection;
(46) "Production zone," the geologic interval into which mining solutions are to be injected and recovery fluids extracted;
(47) "Receiving strata," the geologic units within which the production zones are contained;
(48) "Recovery fluid," the fluid resulting from the injection of mining solution that has dissolved or mobilized ore minerals from the production zone for extraction and recovery;
(49) "Restored aquifer," an aquifer whose local average water quality has, by natural or artificial processes, returned to at least restoration table values;
(50) "Restoration table," a list of parameters with assigned ground water quality restoration values that are the compliance requirements for restoration of the production and nonproduction zones;
(51) "Secretary," the secretary of the South Dakota Department of Agriculture and Natural Resources or the secretary's designee;
(52) "Stratum, (plural strata)," a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material;
(53) "Unauthorized zone," the area outside the production zone that is not permitted for the injection of mining solution or extraction of recovery fluid, or authorized for any excursion of recovery fluid out of the production zone;
(54) "Underground source of drinking water or USDW," an aquifer or part of an aquifer that meets any one of the following criteria. The aquifer or part of an aquifer:
(a) Supplies any public water system;
(b) Contains sufficient quantities of ground water to supply a public water system;
(c) Currently supplies drinking water for human consumption;
(d) Contains fewer than 10,000 milligrams per liter of total dissolved solids; and
(e) Is not an exempted aquifer;
(55) "Upper limit value," a value greater than the maximum value of a chemical or physical parameter that can be attributed to natural fluctuations and analytical variability. Upper limit values are determined from the baseline sampling and agreed upon by the department and the operator prior to initiation of mining. Upper limit values are used to determine when there is movement of recovery fluid out of authorized areas or unapproved changes to a chemical or physical parameter. For certain parameters, such as pH, an upper limit value may be defined as an acceptable range of values;
(56) "Verifying analysis," a second sampling and analysis of control parameters for the purpose of confirming a routine sample analysis which indicates an increase in a control parameter to a level exceeding the upper limit value;
(57) "Well," an artificial excavation or opening in the ground, made by digging, boring, drilling, jetting, or another artificial method and often walled or cased to prevent the sides from caving in;
(58) "Well injection" or "underground injection," the subsurface emplacement of fluids through a bored, drilled, or driven well or through a dug well where the depth of the dug well is greater than the largest surface dimension;
(59) "Well log," a record of physical parameters of a borehole obtained by techniques of borehole geophysics that can be interpreted in terms of the characteristics of the rocks, the fluids contained in the rocks, and the construction of the well; lithologic or driller's records derived from drill cuttings;
(60) "Well plug," a watertight and gastight seal installed in a borehole or well to prevent movement of fluids; and
(61) "Well monitoring," the measurement, by on-site instruments or laboratory methods, of the quality of water in a well.
Source: 8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:01, July 1, 1996; 34 SDR 279, effective May 12, 2008; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-2-93(15).
Law Implemented: SDCL 34A-2-12, 34A-2-28.
74:55:01:02. Class III injection wells subject to the
provisions of this chapter. A Class III injection well for the in situ
mining of uranium minerals shall comply with the provisions of this chapter.
"Well," as used in this chapter, means a well associated with a Class
III mining operation.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:02,
July 1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-31.
74:55:01:03. Permit required for well injection -- Plans and
specifications required. No person may begin injection or construction,
installation, modification, or operation of a facility which may result in well
injection into, above, or through an underground source of drinking water
without a permit to do so from the board. Application for a permit shall be
submitted on forms provided by the secretary. The permit shall not be issued
until the application has been completed by the owner or operator of the site.
Plans and specifications for the injection facilities shall be submitted to the
secretary in accordance with chapter 74:53:04. Data used in completing the
application shall be retained for at least three years after the date of
submission.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:03, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28, 34A-2-29.
74:55:01:04. Date of application for new wells. Operators
of a new injection well shall submit a complete application at least 270 days
before the date construction is expected to begin unless the new well is
covered by an area permit.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:04, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:05. Signatories of permit application. All
permit applications shall be signed as follows:
(1) For a corporation: by a
principal executive officer of at least the level of vice president;
(2) For a partnership or
sole proprietor: by a general partner or proprietor; or
(3) For a municipal, state,
federal, or other public agency: by either a principal executive officer or
ranking elected official.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:05, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:06. Qualifications for duly authorized
representative of signatory. All reports shall be signed by a duly
authorized representative of the official signatory or by the official
signatory. A person is a duly authorized representative if the authorization
meets the following criteria:
(1) It is made in writing
by the legal signatory;
(2) It specifies an
individual or position having responsibility for the overall operation; and
(3) It is submitted to the
secretary either prior to or along with documents signed by the authorized
representative.
Changes in authorization shall be
submitted in writing to the secretary.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:06, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:07. Certification requirements of signatory. A
person signing a permit application or report shall make the following
certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine or imprisonment."
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:07, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:08. Duration of permits. A permit for a well may
be effective for up to five years.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:08, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-36.
74:55:01:09. Permit transfer. Permits may be transferred
from a permittee to another person by providing written notice to the secretary
at least 90 days before the proposed transfer. The permittee must submit the
following information to the secretary in writing by certified mail before the
proposed transfer date:
(1) The name and address of
the current facility;
(2) The name and address of
the new owners;
(3) The permit number;
(4) The names of the new
principal persons responsible for the permit; and
(5) A notarized statement
signed by the new principal officer stating that the principal officer has read
the permit and will abide by all the conditions of the permit. The current
permittee must include in the notice of proposed transfer a written agreement
between the current and the new permittee which includes a specific date for
transfer of responsibility for the permit, its coverage, and the liability
between the parties.
The secretary shall provide notice to
the board of the proposed transfer. A permit is automatically transferred to
the new permittee if the secretary does not petition the board to review the
permit prior to the proposed transfer date. If no petition is filed, the
transfer becomes effective on the proposed transfer date. The new permittee may
demonstrate financial resources in the form of bonding or other financial
assurance approved by the secretary.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:09, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:10. Issuance of area permit. A permit may be
issued for an area, rather than for each individual well, provided that the
injection wells meet the following requirements:
(1) They are described and
identified by location in the permit applications if they are existing wells;
(2) They are within the
same well field, permit area, or similar unit;
(3) They are of similar
construction;
(4) They are of the same
well class; and
(5) They are operated by a
single owner or operator.
Area permits shall specify the area
within which underground injections are authorized and the requirements for
construction, monitoring, reporting operations, and abandonment for all wells
authorized by the permit.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:10, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-36.
74:55:01:11. Authorizing new injection wells under area
permit. The area permit may authorize the permittee to construct and
operate new injection wells within the permit area provided the following
requirements are met:
(1) The permittee notifies
the secretary quarterly when and where new wells have been or will be located;
(2) The additional well
meets the area permit criteria in § 74:55:01:10; and
(3) The cumulative effect
of drilling and operation of additional injection wells is considered by the
secretary during evaluation of the area permit application and is acceptable to
the secretary.
If the additional well does not meet
the area permit requirements, the secretary may modify, terminate, or enforce
the permit.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:11, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-36.
74:55:01:12. Secretary's recommendation on permit
applications. After reviewing the application and any other pertinent
information, the secretary shall recommend in writing to the board, including
the reasons for the recommendation, whether the permit should be issued or
denied. A recommendation that a permit be issued shall include a proposed
permit with the conditions necessary to ensure compliance with SDCL 34A-2 and this chapter.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:12, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-31.
74:55:01:13. Notice of recommendation. The secretary
shall mail a copy of the recommendation to the applicant, board members, and
county commissioners for the county in which the proposed permit area lies,
along with a copy of the newspaper notice to be published pursuant to this
section. Notice of the recommendation shall be published twice in a legal
newspaper in the county where the injection is to take place, and in legal
newspapers across the state. The notice shall include a brief statement describing
the recommendation and the reasons for it. It shall also include a statement
that persons desiring to contest the recommendation must file a petition within
30 days after the date of publication, to contest the recommendation and a
statement describing where copies of the recommendation or other information
may be obtained.
Source:
8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 13
SDR 129, 13 SDR 141, effective July 1, 1987; transferred from
§ 74:03:11:13, July 1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28, 34A-2-35.
74:55:01:14. Recommendation becomes final if uncontested.
The secretary's recommendation shall be the final decision of the board and a
proposed permit shall be considered as having been approved by the board unless
a petition is filed to contest the recommendation pursuant to
§ 74:55:01:13 or the secretary initiates a contested case by filing a
written motion. The applicant or an interested person may appeal the decision
of the secretary to the board by petitioning for a contested case hearing pursuant
to chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:14, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:15. Contents of petition. Contents of petition
shall conform to the requirements of chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:15, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:16. Intervention. Intervention shall conform to
the requirements of chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:16, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:17. Answers to petitions. Answer to petition
shall conform to the requirements of chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:17, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:18. Filing procedures. Filing procedures shall
conform to the requirements of chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:18, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
74:55:01:19. Hearing date. Hearing date shall conform to
the requirements of chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:19, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28, 34A-2-35.
74:55:01:20. Notice of hearing. Notice of hearing shall
conform to the requirements of chapter 74:50:02.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:20, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28, 34A-2-35.
74:55:01:21. Compliance schedule for permit conditions. A
compliance schedule for permit conditions shall be set by the secretary not to
exceed three years following the effective date of the permit. If the
compliance schedule exceeds one year, then interim requirements and completion
dates, not to exceed one year, shall be incorporated into the compliance
schedule and permits. No later than 14 days following each interim and final
date the permittee shall notify the secretary of compliance or noncompliance.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:21, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-39.
74:55:01:22. Information not considered confidential. The
name and address of the permit applicant or permittee, information which deals
with the existence, absence, or level of contaminants in drinking water, and
the location of the proposed mining area are not confidential.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:22, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-94.
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
injected fluid into an underground source of drinking water. An aquifer or part
of an aquifer is an underground source of drinking water if it meets any one of
the criteria in subdivision 74:55:01:01(57).
Source:
8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 13
SDR 129, 13 SDR 141, effective July 1, 1987; transferred from
§ 74:03:11:23, July 1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-10, 34A-2-11.
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 drinking water; and
(2) It cannot now and will
not in the future serve as an underground source of drinking water for any of
the following reasons:
(a) It produces
minerals, hydrocarbons, or geothermal energy, or can be demonstrated by a
permit applicant as part of a permit application for an in situ leach mine to
contain minerals or hydrocarbons that considering their quantity and location
are expected to be commercially producible;
(b) It is situated at
a depth or location that makes recovery of water for drinking water purposes
economically or technologically impractical;
(c) It is so
contaminated that it would be economically or technologically impractical to
render the water fit for human consumption; or
(d) It is located over
an injection well mining area subject to subsidence or catastrophic collapse;
or
(3) The total dissolved
solids content of the ground water is more than 3,000 and less than 10,000
milligrams per liter and it is not reasonably expected to supply a public water
system.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:24, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-10, 34A-2-11.
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 required by
40 C.F.R. § 144.31 as it exists on the day the permit hearing is
conducted;
(3) A listing of all
permits or construction approvals received or applied for in association with
the in situ leach permit area under the following programs:
(a) An underground
injection control (UIC) program under Part C of the Safe Drinking Water Act, 42
U.S.C. § 300h et seq. (2003);
(b) Other relevant
permits, including other state and local permits or approvals;
(4) A certificate that the
applicant has assured, through a performance bond or other appropriate means,
the resources necessary to restore affected or mined aquifers and plug or
abandon all wells;
(5) The corrective action
proposed to be taken for wells that are not properly sealed, completed, or
abandoned within the area of review. Injection pressures shall be limited so
that pressure in the injection zone does not exceed hydrostatic pressure at the
site of any improperly completed or abandoned well in the area of review; and
(6) Certification of
applicant form.
Source:
8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 12
SDR 204, effective June 23, 1986; 13 SDR 129, 13 SDR 141, effective July 1,
1987; transferred from § 74:03:11:25, July 1, 1996; 34 SDR 279, effective
May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-32.
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 region and site, contour (topographic) maps that accurately
locate and identify the permit area and show the location of any public
highways, tribal reservation boundaries, dwellings, utilities, and easements
within the permit area and adjacent lands in relation to all proposed affected
lands and proposed activities associated with the in situ leach operation,
including all processing facilities, chemical storage areas, production areas,
and roads. The map shall also clearly illustrate the location of monitoring
wells;
(2) A description of the
local on-site geology and the regional geology in areas determined to be
relevant by the secretary;
(3) A hydrogeologic
description of the production zone;
(4) A description of the
essential well drilling features for injection, recovery, and monitor wells and
a plugging plan;
(5) Climatic data,
including source and location of data;
(6) A list and map of all
adjudicated and permitted surface and ground water rights;
(7) A list and map of all
known existing water wells, producing wells, injection wells, abandoned wells,
and exploration holes, giving location, depth, producing intervals, type of
use, condition of casing, plugging procedures and date of completion for each
well or drill hole within the permit area and on adjacent lands to the extent
such information is available in public records and from a reasonable
inspection of the property;
(8) Current land use and
zoning within a one-mile radius of the mine permit boundary;
(9) A list of occupied
dwellings within a one-mile radius of the mine permit boundary;
(10) A site monitoring plan
to include:
(a) Ground water
quality for both production zones and nonproduction zones;
(b) Requirements for
water quality sampling and analysis to include:
(i) A
description of, or reference for, the procedures and methods used for sample
collection, preservation, quality control, and detection levels;
(ii) The
name, address, and telephone number of the laboratory performing the analyses,
and the laboratory identification number; and
(iii) Signatures
of the laboratory manager or technician performing the analyses;
(11) A description of the
proposed method of operation, including:
(a) Injection rate,
with the average and maximum daily rate and the volume of fluid to be injected;
(b) A description of
the proposed mining injection solution and the chemical reactions that may
occur during in situ leach operations mining as a result of injection of the
mining solution;
(c) Proposed injection
procedure;
(12) Discussion and
illustration of the estimated injection schedule, including:
(a) A map showing the
wellfields and proposed sequence for injection into the wellfields;
(b) An estimated time
schedule for injection into each wellfield;
(c) Expected changes
in pressure, native ground water displacement, and direction of movement of
mining solution;
(d) The procedures to
ensure that the installation of recovery, injection, and monitor wells will not
result in hydraulic communication between the production zone and overlying or
underlying stratigraphic horizons;
(e) The procedures
used to verify that the injection and production wells are in communication
with monitor wells completed in the receiving strata and employed for the
purpose of detecting excursions;
(f) A subsidence
analysis, using established geotechnical principles, that estimates, based upon
the proposed in situ leach operation, the effect of subsidence upon overlying
aquifers;
(g) A spill
contingency plan to include reporting, response, assessment, and remedial
actions;
(13) For uranium in situ
leach mines, site-specific background radiological data including the results
of measurements of radioactive materials occurring in important species, soil,
air, and in surface and ground waters that could be affected by the proposed
operations;
(14) A description of
measures employed to prevent an excursion, and in the event of an excursion,
the plans to report or to verify the excursion, and plans for remedial action
in accordance with §§ 74:55:01:52 to 74:55:01:53.02, inclusive;
(15) An assessment of
impacts that may reasonably be expected as a result of the mining operation to
water resources and water rights inside the permit area and on adjacent lands,
and the steps that will be taken to mitigate these impacts;
(16) A well maintenance
plan to ensure:
(a) Wells are
sufficiently covered to protect against entrance of undesirable material into
the well;
(b) The wells are
marked and can be clearly seen;
(c) The area surrounding
each well is kept clear of brush or debris; and
(d) Monitoring
equipment is appropriately serviced and maintained so monitoring requirements
can be met;
(17) To the extent that
existing information or data is available, a determination of whether existing
water wells, former producing wells, former injection wells, former monitor
wells, abandoned wells, and exploration holes in the proposed production area
have been appropriately plugged, and if not, a plan for re-plugging these
wells;
(18) The proposed methods
to restore ground water quality, based on the geochemistry of the production
zone and the chemistry of the injection solutions, to include:
(a) A proposed
restoration table for all ground water quality restoration values;
(b) An estimated time
schedule for achieving ground water restoration, to be carried to completion
within five years in accordance with applicable restoration tables;
(19) A plan for the
disposal of drill cuttings;
(20) Estimated costs for:
(a) Ground water
reclamation as computed in accordance with established engineering principles,
including:
(i) Facilities,
materials, and chemicals used for ground water restoration;
(ii) Ground
water restoration in the production zone:
(iii) Water
treatment;
(iv) Capping,
plugging, and sealing of all wells;
(v) Personnel
working on reclamation-related activities; and
(vi) Collecting
and analyzing samples from surface and ground water monitoring sites.
The secretary shall require pre-submission
meetings to discuss the procedures for baseline data and site characterization;
and
(21) Contingency plans to
cope with all shut-ins and well failures so as to prevent the migration of
mining solution into underground sources of drinking water.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:26, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
References:
U.S Geological Survey, National Field
Manual for the Collection of Water-Quality Data: U.S. Geological Survey
Techniques of Water-Resources Investigations, book 9, chaps. A1-A-9, Chapter A1
(January 2005), Chapter A2 Version 2.0 (March 2003), Chapter A3 Version 2.0
(April 2004), Chapter A4 (September 2006), Chapter A5 (April 2004), Chapter
A6.0 Version 1.2 (August 2006), Chapter A6.1 Version 2.0 (March 2006), Chapter
A6.2 Version 2.1 (June 2006) Chapter A6.3 Version 1.2 (August 2005), Chapter
A6.4 Version 1.3 (January 2006), Chapter A6.5 Version 1.2 (September 2005),
Chapter A6.6 Version 3.0 (July 2006), Chapter A6.7 Version 2.1 (September
2005), Chapter A7 3rd Edition (November 2003), Chapter A8 Version
1.1 (June 2005), and Chapter A9 (October 1997). Copies of the document are
available online at: http://pubs.water.usgs.gov/twri9A.
Standard
Methods for the Examination of Water and Wastewater, 20th
Edition, 1998, ISBN: 0-87553-235-7, 1220 pages, is prepared and published
jointly by the American Public Health Association, the American Water Works
Association, and the Water Environment Federation. Copies may be obtained from
the American Public Health Association, Publications Sales, P.O. Box 753,
Waldorf, Maryland, 20604-0753. The cost is $200.
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
a permit amendment. The technical revisions may include the following minor
permit modifications:
(1) Correction of
typographical errors;
(2) Modification of
monitoring plan reporting requirements;
(3) Modification of
quantities or types of fluids injected that are within the capacity of the
facility as permitted and would not interfere with the operation of the
facility or its ability to meet conditions described in the permit and would
not change its classification;
(4) The addition of wells
to the wellfield within the permit area if the requirements of
§ 74:55:01:11 are met;
(5) Modification of
injection rates and pressures;
(6) Modification of a well
repair, abandonment, plugging, or conversion plan; and
(7) Delay the plugging
requirement of subdivision 74:55:01:59(4) for an unused well.
Technical revisions must be submitted
to the department in writing. The department shall approve, disapprove,
conditionally approve, or request additional information within 30 days after
receipt.
The applicant or an interested person
may appeal the decision of the secretary to the board by petitioning for a
contested case hearing pursuant to chapter 74:50:02.
All technical revisions authorized by
the department shall be recorded on a list which is kept updated and which is
readily available for public inspection. A copy of the list shall be provided
to anyone upon request.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SSDCL 34A-2-28.
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 expansion of the boundaries
of the permit areas;
(3) A change in the permit
which may adversely affect groundwater.
An owner or operator desiring to amend
a Class III UIC permit shall file an amendment application with the secretary.
The owner or operator shall include in the amendment application the
information required in §§ 74:55:01:05, 74:55:01:06, 74:55:01:07, and
74:55:01:26. The applicant need not submit any information which would
duplicate that which has previously been filed with the secretary, but shall
reference the section, paragraph, and page of the permit or other applicable
correspondence for that information. The secretary shall approve, disapprove,
conditionally approve, or request additional information within 30 days after
receipt. The secretary's recommendation shall be noticed in accordance with
§ 74:55:01:13. The applicant or an interested person may appeal the
decision of the secretary to the board by petitioning for a contested case
hearing pursuant to chapter 74:50:02.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
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 December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:27, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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
operator. The area of review shall include the area within a one-quarter mile
radius of the injection well, or as determined by the secretary.
Source:
8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 13
SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:28,
July 1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-29.
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 the well. A well is considered to be of acceptable
mechanical integrity if no leak exists in the casing, tubing, or packer and no
fluid movement takes place into an underground source of drinking water through
annulus channels adjacent to the injection well bore. A schedule and methods
for mechanical integrity testing shall be included in the permit, and
constitute conditions of the permit. The schedule and methods shall meet the
following requirements:
(1) One of the following
methods must be used to evaluate the absence of significant leaks in the
casing, tubing or packer:
(a) Following an
initial pressure test, monitoring of the tubing-casing annulus pressure with
sufficient frequency to be representative, as determined by the secretary,
while maintaining an annulus pressure different from atmospheric pressure
measured at the surface;
(b) Pressure test with
liquid or gas; or
(c) An alternative
test to demonstrate mechanical integrity other than those listed in this
subdivision if it is specified in the permit or is approved by the secretary
through a technical revision;
(2) One of the following
methods must be used to determine the absence of significant fluid movement
into any unauthorized zone, underground source of drinking water, or
water-bearing strata through vertical channels adjacent to the injection bore:
(a) The results of a
temperature, neutron, or noise log (e.g., cement bond log);
(b) If the nature of
the casing precludes the use of the logging techniques prescribed above,
sealing records demonstrating the presence of adequate sealing material to
prevent such migration shall be provided; or
(c) If the secretary
elects to rely on sealing records to demonstrate the absence of significant
fluid movement, the monitoring program shall be designed to verify the absence
of significant fluid movement;
(3) Maintenance of the
mechanical integrity of each injection well that has not been plugged or
converted shall be demonstrated at least once every five years or on a schedule
determined by the secretary;
(4) Before resuming
injection into any injection well that has been damaged by surface or
subsurface activity or that has undergone an activity that may jeopardize the
mechanical integrity of the well, such as the use of downhole cutting and underreaming
tools, the operator must demonstrate the mechanical integrity of that well;
(5) If the secretary
determines that an injection well lacks mechanical integrity, the secretary
shall give written notice of this determination to the operator of the well.
Unless the secretary requires immediate cessation, the operator shall cease
injection into the well within 48 hours of receipt of the secretary's
determination. The secretary may allow plugging of the well or require the
operator to perform such additional construction, operation, monitoring,
reporting, and corrective action as is necessary to prevent the movement of
fluid into unauthorized zones or onto the surface caused by the lack of
mechanical integrity. Repair or plugging of the well must be completed within
120 days of the testing that indicates the well lacks mechanical integrity. If
the well is repaired rather than plugged, retesting of the well must be
completed within 120 days after the repair is completed. The operator may
resume injection upon written notification from the secretary that the operator
has demonstrated mechanical integrity; and
(6) Results of mechanical
integrity testing shall be reported in accordance with the requirements in
§ 74:55:01:49.
Injection and production wells shall
maintain mechanical integrity until the wells are properly plugged in
accordance with the approved plugging and abandonment plan.
Source:
8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 13
SDR 129, 13 SDR 141, effective July 1, 1987; transferred from
§ 74:03:11:29, July 1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 industry to conduct and
evaluate mechanical integrity tests. The owner or operator shall report to the
secretary the results of mechanical integrity tests, including a description of
the tests and the methods used. The secretary shall review monitoring and other
test data submitted since the previous evaluation in making a decision on
mechanical integrity.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:30, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 situ leach mines. The secretary may grant a deviation from the
requirements through a technical revision, if the operator supplies
documentation of reliability, mechanical integrity, design, and construction to
protect ground waters of the state. Injection and production wells shall be
generally constructed as follows:
(1) Annular seals shall be
installed to protect the casing against corrosion, ensure structural integrity
of the casing, stabilize the well bore, protect against contamination or
pollution of the well from the surface, and prevent migration of ground water
from one aquifer or water-bearing strata to another in accordance with the
following requirements:
(a) The drill hole
shall be of sufficient diameter for adequate sealing and, at any given depth,
at least three inches greater in nominal diameter than the outside diameter of
the outer casing at that depth. The secretary may approve an alternative casing
design if it provides an equivalent degree of ground water protection;
(b) Before placing the
annular seal, the well bore shall be under static conditions and all loose
drill cuttings, rock chips, or other obstructions shall be removed from the
annular space by circulating the borehole with water or drilling mud slurry;
(c) The annular
sealing material shall be pressure-grouted as required in § 74:02:04:28;
(d) Sealing material
shall consist of neat cement grout or bentonite grout mixtures meeting the
following requirements:
(i) Cement
grout shall be composed of high sulfate resistant Portland cement and shall
conform to the requirements of § 74:02:04:53;
(ii) Bentonite
grout shall conform to the requirements of § 74:02:04:53.01. The bentonite
grout shall be a sodium bentonite material that has been commercially
manufactured and specially formulated for use as a well casing seal;
(iii) The
sealing material shall be thoroughly mixed before placement so there are no
balls, clods, or other features that could reduce the effectiveness of the
seal;
(iv) Special
quick-setting cement, cement accelerators, retarders, fluid-loss additives,
dispersants, extenders, loss-of-circulation materials, and other additives,
including hydrated lime to make the mix more fluid or bentonite to make the mix
more fluid and reduce shrinkage, may be used, if approved by the secretary; and
(v) Used
drilling mud or drill cuttings from the borehole may not be used as sealing
material;
(2) Well casing shall
conform to the requirements of §§ 74:02:04:42 to 74:02:04:45, inclusive,
and § 74:02:04:48. The casing shall be of sufficient strength and diameter
to prevent casing collapse during installation, convey liquid at a specified
injection/recovery rate and pressure, and allow for sampling. Casing shall be
placed with sufficient care to avoid damage to casing sections and joints. All
joints in the casing above the perforations or screens shall be watertight.
Casing shall be equipped with centralizers placed at a maximum spacing of one
per forty feet to ensure even thickness of annular seal and gravel pack; and
(3) Well development shall
be done by methods that will not cause damage to the well or cause adverse
subsurface conditions that may destroy barriers to the vertical movement of
water between water bearing strata.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:31, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-32.
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 injection wells shall be
constructed to prevent the migration of fluids to unauthorized zones. The
casing and annular sealing material used in the construction of each newly
drilled well shall be designed for the life expectancy of the well. In
determining and specifying casing and annular sealing requirements, the
following factors shall be considered:
(1) Depth to the deepest
injection zone;
(2) Injection pressure,
external pressure, internal pressure, axial loading, and related information;
(3) Hole size;
(4) Size and grade of all
casing strings including well thickness, diameter, nominal weight, length,
joint specification, and construction material;
(5) Corrosiveness of
injected fluids and formation fluids;
(6) Lithology of injection
zone and confining zones; and
(7) Type and grade of cement
used to seal the annular space between the outer casing and borehole.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-32.
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 and tests shall be submitted to the secretary.
Determination of the logs and tests appropriate to each well shall be based on
intended function, depth, construction, and other well characteristics,
availability of similar data in the area of the drilling site, and the need for
additional information that may arise from time to time as the construction of
the well progresses. Logs and tests shall include deviation checks on all holes
to assure that vertical avenues for fluid migration in the form of diverging
holes are not created during drilling.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:32, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:33, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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) Fracture pressure;
(4) Other physical and chemical
characteristics of the injection zone rock and formation fluids including:
geochemistry of the production zone and the aquifer up-gradient and
down-gradient of the production zone, to include oxidation-reduction conditions
and common ions, and the direction and velocity of ground water movement
through the producing zone; and
(5) Compatibility of
injected fluids with formation fluids.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:34, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-29.
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 plan to include
an adequate number of wells and samples to characterize baseline water quality
in production and nonproduction zones in and adjacent to the new mining area.
The plan shall provide geochemical, lithologic, and mineralogical descriptions
of the receiving strata and any aquifers that may be affected by the injection
of mining solution. The plan shall address aquifer characteristics for the
water saturated portions of the receiving strata and aquifers that may be
affected by the mining process. Characteristics may include aquifer thickness,
velocity and direction of ground water movement, storage coefficients or
specific yields, transmissivity or hydraulic conductivity, and the directions
of preferred flow under hydraulic stress in saturated zones of the receiving
strata. The plan shall include potentiometric maps of the ground water surface
in the receiving strata and overlying and underlying aquifers. The extent of
hydraulic connection between the receiving strata and overlying and underlying
aquifers and the hydraulic characteristics of any influencing boundaries in or
near the proposed production areas shall be determined and described. Water
samples shall not be taken until the specific conductivity, temperature, and pH
have stabilized. These samples shall be analyzed for the parameters designated
by the secretary. All baseline wells shall be sampled at least once every month
for a minimum of six months before any mining activities. If a well shows
results indicating a statistically significant variance for a control
parameter, whether due to laboratory error or natural fluctuation, the
secretary may require additional samples be taken. The sample results for each
well shall be submitted to the secretary.
The secretary shall consider the
baseline water quality values for a production area to determine the upper
limit value of a control parameter which, when exceeded, indicates that an
injected fluid may be present. All samples shall be collected, preserved,
analyzed, and controlled according to accepted methods.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:35, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 fluids migrate outside the production zone or into aquifers
above or below the production zone, the operator shall report, monitor, and
remediate the excursion in accordance with §§ 74:55:01:50 to
74:55:01:53.02, inclusive. Recovery fluids are assumed to be present in an unauthorized
zone if a verifying analysis confirms that a control parameter in a monitor
well is detected at a concentration equal to or greater than the upper limit
value.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:36, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-36.
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, effective May 12, 2008.
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 than 10,000 milligrams per liter of
total dissolved solids, monitor wells shall be required in the formation by the
secretary.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:38, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 subsidence or catastrophic collapse, an adequate number
of monitor wells shall be completed into that aquifer to detect any movement of
injected fluids.
The monitor wells shall be located
outside the physical influence of the subsidence or collapse.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:39, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 underground source of drinking water affected or
potentially affected by the injection operation;
(2) The proximity of the
injection operation to points of withdrawal of drinking water;
(3) The local geology and
hydrology;
(4) The operating pressures
and whether a negative pressure gradient is being maintained;
(5) The toxicity and volume
of the injected fluid, the formation water, and the process by-products; and
(6) The density of the
injection wells.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:40, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 spacing no
greater than 400 feet between the monitor wells. Alternative monitor well
locations and spacing may be considered if the operator can demonstrate that
the proposed location or spacing will adequately provide monitoring coverage to
detect excursions in a timely manner. Closer spacing of these wells may be
required by the secretary in the down gradient groundwater flow direction from
the production zone.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:41, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 production area and up to 200 feet outside of the production
area, with the majority of these wells located in the down gradient direction
of groundwater flow in the aquifer in which the wells are completed.
For the first overlying aquifer above
the production zone, a minimum of one well for every one acre of production
area shall be completed.
For each additional overlying aquifer,
a minimum of one well for every three acres of production area shall be
completed.
For each underlying aquifer
potentially affected by injection, the operator shall propose a monitor well
spacing plan subject to approval by the secretary.
Alternative nonproduction zone monitor
well locations and spacing may be considered if the operator demonstrates that
the proposed location or spacing will adequately provide monitoring coverage.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:42,
July 1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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
July 1, 1987; transferred from § 74:03:11:43, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 the
confining zone or zones, injected fluids do not migrate into any unauthorized
zone or underground source of drinking water, and formation fluids are not
displaced into any unauthorized zone or underground source of drinking water.
At a minimum, operating requirements shall specify, except during well
stimulation, that injection pressure at the wellhead be calculated to ensure
that the pressure in the production zone during injection does not initiate new
fractures or propagate existing fractures. In no case may injection pressure
initiate fractures in the confining zone or zones, if confinement is present,
or cause the migration of injection or formation fluids into an unauthorized
zone or underground source of drinking water. Injection between the outermost
casing protecting unauthorized zones and the well bore is prohibited.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:44, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-40.
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.
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 quality restoration values that are the compliance
requirements for restoration of the production and nonproduction zones.
The restoration values shall be based
on pre-mining baseline conditions. If the ground water restoration
demonstration in accordance with subdivision 74:55:01:26(18) indicates that the
operation will be unable to achieve the standard of returning affected ground
water to baseline conditions with the application of best practicable
technology, the secretary shall set the restoration values as follows:
(1) To not exceed the
applicable maximum allowable concentrations in South Dakota ground water
quality standards listed in § 74:54:01:04;
(2) To not exceed the
health advisory levels or secondary drinking water regulations set by the U.S.
Environmental Protection Agency for other parameters not listed in Table 1 and
Table 2 of § 74:54:01:04; and
(3) To not exceed values
based on an appropriate statistical method for any parameters not listed in
South Dakota ground water quality standards or in U.S. Environmental Protection
Agency health advisory lists or secondary drinking water regulations.
Modification of the restoration table
shall be done in accordance with § 74:55:01:58.01.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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
solution and ground water in the production area and shall, at a minimum,
include provisions for:
(1) The analysis of the
physical and chemical characteristics of the injected fluid with sufficient
frequency, and at least monthly, to yield representative data;
(2) Monitoring injection
pressure and either flow rate or volume twice a month, or metering and
recording daily injected and produced fluid volumes;
(3) Monitoring the fluid
level in the injection zone twice a month;
(4) Monitoring ground water
quality, including the control parameters, and fluid levels in monitoring wells
completed above and below the production zone a minimum of every month;
(5) Manifold monitoring may
be used in cases of facilities consisting of more than one injection well with
a common manifold. Separate monitoring systems for each well are not required
provided the operator demonstrates to the secretary that manifold monitoring is
comparable to individual well monitoring; and
(6) A minimum of quarterly
monitoring of secretary specified wells within one-quarter mile of the
production site to detect migration of recovery fluids from the production
zone.
The name, address, and telephone
number of the laboratory performing the analyses, and the laboratory
identification number are to be provided.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:46, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 month. A copy of the data shall be kept available at the mine site.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:47, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 § 74:55:01:58.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:48, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 and thereafter whenever the mining
solution is modified to the extent that the initial data are incorrect or
incomplete. The operator may request that any proprietary information be
considered confidential in accordance with SDCL 45-6B-19;
(2) All chemical analyses
submitted to the secretary in accordance with the permit shall include the
requirements of subdivision 74:55:01:26(10)(b);
(3) Quarterly monitoring
reports shall include, at a minimum:
(a) The results of any
periodic tests required by the permit or a remedial action plan that is
performed during the reported quarter;
(b) The results of all
mechanical integrity testing conducted during the reported quarter, including
the following information identified by injection well:
(i) Date
of mechanical integrity testing;
(ii) Confirmation
of the method by which mechanical integrity was established, in accordance with
§ 74:55:01:29; and
(iii) Verification
of whether mechanical integrity was established for a well, to include the
identification of any well that failed mechanical integrity testing and a
description of the method of plugging or repair;
(c) The status of
corrective action on defective wells, required in accordance with
§ 74:55:01:59.03; and
(d) The results of
well repair and plugging required in accordance with § 74:55:01:59,
including a statement that the wells were plugged in accordance with the
permit, or documentation that prior approval was obtained from the secretary if
plugging procedures differed from the procedures approved in the permit. This
documentation shall be included in the report and contain a description of the
procedures used specifying the differences between the approved method and the
alternate method. To ensure the well is plugged and there has been no bridging
of the sealing material, the operator shall provide the secretary with
documentation that the volume of material placed in the well at least equals
the volume of the empty hole;
(4) During excursions,
results from excursion-related monitoring shall be reported in accordance with
the requirements of § 74:55:01:53; and
(5) In addition, an annual
report that includes at a minimum:
(a) The name and
address of the operator and the permit number;
(b) A map showing the
location of all production and monitoring wells installed in the past year and
showing all new areas where mining is expected to begin during the next year;
(c) A map showing
where ground water restoration has been achieved, is actively taking place, is
expected to begin during the next year, a description of ground water
restoration methods used, and an expected timeline to achieve ground water
restoration;
(d) The total and
previous year's amount of affected land;
(e) The total quantity
of mining solution injected and the total quantity of recovery fluid extracted
during the reporting period for each wellfield area including a description of
how these quantities were determined;
(f) Monitoring program
results that have not been previously reported;
(g) An updated
potentiometric surface map for all aquifers that are or may be affected by the
mining operation, if requested by the secretary;
(h) Supporting data
sufficient to demonstrate ground water restoration;
(i) A summary of all
excursions for the report year including remediation progress; and
(j) A brief discussion
of the coming year's operational plans including any anticipated technical
revisions or amendments that might require secretary or board approval.
Source:
8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30,
1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from
§ 74:03:11:49, effective July 1, 1996; 34 SDR 279, effective May 12,
2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 affected well and the monitoring wells
adjacent to the affected well. The operator shall take the verifying analysis
within two working days after being notified by the laboratory of monitoring
results. If the results from the first and second sampling event both indicate an
excursion has occurred, then an excursion is considered verified for the
purpose of initiating remedial action in accordance with § 74:55:01:53.
If the results from the first and
second sampling events provide conflicting information about whether or not an
excursion has occurred, then a third sampling event must be conducted within 24
hours of the receipt of the results from the second sampling event. However, if
the results of the confirmatory sampling are not complete within seven days of
the initial sampling event that indicated an excursion might be present, the excursion will be considered verified.
All sample analyses results for
excursion events shall be submitted to the secretary within two business days
after the operator receives them from the laboratory.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:50, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 parameters within one week after the sample is taken.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:51, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 monitoring data or other information that indicates
any contaminant may cause adverse impacts to an unauthorized zone or
underground source of drinking water. The operator shall report any
noncompliance with a permit or malfunction of the injection system that may
cause fluid migration into or between unauthorized zones.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:52, effective July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 report to include the following:
(1) A description of the
excursion and its cause;
(2) The period of
excursion, including exact dates and times;
(3) If the excursion has
not been corrected, the anticipated time it is expected to continue;
(4) Steps taken or planned
to reduce, eliminate, and prevent recurrence of the excursion; and
(5) Sample analyses for pH,
calcium, magnesium, sodium, potassium, carbonate, bicarbonate, sulfate,
chloride, silica, uranium, ammonia, nitrate, total dissolved solids (180
degrees C.), specific conductance, and any other parameter specified by the
secretary. One or more parameters may be excluded, if the secretary determines
that the concentration or value of a specific parameter is not likely to occur
as a result of the in situ leach mine.
The operator shall report every two
weeks. All reports shall be mailed to the secretary, postmarked within two days
of the end of each report period. The first report period shall begin the day
the presence of a control parameter exceeding its upper limit value in a
monitor well is verified. The operator shall continue to make remedial action
reports until cleanup is accomplished.
Following review by the secretary, the
operator shall use methods judged necessary and prudent to define the extent of
the excursion and to cleanup recovery fluids in an expeditious manner.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective
July 1, 1987; transferred from § 74:03:11:53, July 1, 1996; 34 SDR
279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
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 declining.
If the excursion is controlled, but
the control parameters have not been restored to values consistent with local
baseline water quality within 60 days following confirmation of the excursion,
the operator shall submit, within 90 days following confirmation of the excursion,
a plan and schedule, for approval by the secretary, for bringing the well or
wells off excursion. The plan and schedule can be submitted as part of the
excursion report required every two weeks in § 74:55:01:53.
Clean up is considered accomplished if
the water quality in the affected monitor wells has been restored to values
consistent with local baseline water quality and the restoration is confirmed
by three consecutive weekly samples. The secretary may determine that clean up
is not necessary if the operator demonstrates that the change in water quality
is not due to the presence of recovery fluids.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
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 following parameters: ammonia, antimony, arsenic, barium, beryllium,
bicarbonate, boron, cadmium, calcium, carbonate, chloride, chromium,
conductivity, copper, fluoride, gross alpha, gross beta, iron, lead, magnesium,
manganese, mercury, molybdenum, nitrate, nitrate + nitrite, pH, potassium,
selenium, sodium, sulfate, radium-226 and 228, thallium, total dissolved
solids, uranium, vanadium, and zinc, and any other parameter specified by the
secretary, unless the secretary determines that the concentration or value of
one or more parameters is not likely to occur as a result of the in situ leach
mine.
If an excursion is not controlled
within 60 days following confirmation of the excursion, the secretary may
require the operator to conduct additional sampling of monitoring wells, installation
of additional monitor wells, termination of injection in the portion of the
wellfield in which the excursion originated, or a combination of approaches to
assure control within a timely manner.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
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 determining
the additional steps needed to prevent an excursion into unauthorized zones or
underground sources of drinking water, the following criteria and factors shall
be considered by the secretary:
(1) Toxicity and volume of
the injected fluid;
(2) Toxicity of formation
fluids or by-products of injection;
(3) Whether or not any
person is potentially affected by the injection;
(4) Geohydrology;
(5) History of the
injection operation;
(6) Completion and plugging
records;
(7) Abandonment procedures
in effect at the time the well was abandoned; and
(8) Hydraulic connections
with underground sources of drinking water.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:54, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
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 affected production area to levels consistent with the values listed in
the restoration table contained in the permit.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:55, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
Cross-References:
Establishment of baseline water quality, § 74:55:01:35.
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 accomplished for the particular area.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:56, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 designated baseline wells agreed upon by the secretary and the
operator in the mine production area for all restoration values listed in the
permit restoration table on a monthly basis. If this analysis indicates that
approved restoration values have been achieved, the permittee shall file with
the secretary a written report of the results. After filing the report,
restoration sampling shall be conducted at bimonthly intervals.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:57, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 has met the restoration values on the restoration table and
that the restoration values indicate stable trends. After acknowledgement in
writing by the secretary confirming ground water restoration, the operator may
request, through a technical revision, that the secretary modify the site water
quality monitoring plan, which may include a reduction in sampling frequency,
parameters to be measured, and the number of wells to be sampled in the
restored production zone.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:58, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 the permit to establish alternative restoration values.
To provide justification for
alternative values, the amendment shall include all available water quality
data for the restoration unit in question, a narrative discussing the
restoration techniques used including a demonstration that best practicable
technology was applied, and the rationale for altering the restoration
parameters.
In determining whether the restoration
table should be altered for a particular restoration zone, the secretary shall
consider the following:
(1) Uses for which the
ground water was suitable at baseline quality levels;
(2) Actual existing use of
the ground water in the area before and during mining;
(3) Potential for future
use of the ground water at baseline quality and at proposed restoration
parameters;
(4) The effort made by the
operator to restore the ground water to the restoration parameters;
(5) The availability of
existing technology to restore the ground water to the restoration parameters;
and
(6) The potential harmful
effects of levels of particular parameters.
The alternative restoration values
shall conform to the requirements of § 74:55:01:45.01.
The amendment to the permit shall
follow the procedure established in § 74:55:01:26.02. The applicant or an
interested person may petition for a contested case hearing on the amendment
pursuant to chapter 74:50:02.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 of wells are as follows:
(1) A plan for drill hole
plugging and well repair, plugging, and conversion shall be included in the
permit application and constitutes a condition of the permit;
(2) All drill holes shall
be plugged in accordance with § 74:02:04:67, 74:02:04:69, or 74:02:04:70,
as applicable, in a manner that will not allow the movement of fluids either
into or between water-bearing strata, including underground sources of drinking
water;
(3) The operator shall
notify the secretary 45 days before a well within a production area is
converted to other uses than injection;
(4) The operator shall
notify the secretary 10 days prior to plugging a well so the secretary can
witness the plugging;
(5) All abandoned wells
shall be plugged or converted, in accordance with the plugging/conversion plan
in the permit, to ensure that ground water is protected and preserved for
future use and to eliminate any potential physical hazard. A well is considered
abandoned if it has not been used for a period of two years, unless the
operator submits to the secretary and receives approval for a technical
revision demonstrating the operator's intention to use the well again and the
actions and specifying procedures that will be taken to ensure that mechanical
integrity of the well is maintained and the well will not endanger any unauthorized
zone, underground source of drinking water, or water-bearing strata;
(6) All wells completed in
confined aquifers or encountering more than one aquifer shall be plugged in
accordance with § 74:02:04:67;
(7) All wells completed in
unconfined aquifers or with only one aquifer encountered shall be plugged in
accordance with § 74:02:04:69;
(8) To ensure that the
locations of the abandoned wells are adequately identified:
(a) The boundaries of
each wellfield and the location of the monitor wells around each wellfield
shall be recorded as a deed notice with the appropriate county; and
(b) The top of the
plugging mixture in each abandoned well shall clearly show on a steel plate
placed atop the sealing mixture the permit number, well identification number,
and information required by the secretary. All marking devices shall be
installed at a minimum depth of two feet below the land surface; and
(c) All abandoned
wells shall be surveyed using global positioning system equipment that has an
accuracy of at least one meter;
(9) Plugging and conversion
activities shall be reported in accordance with the requirements in subdivision
74:55:01:49(3)(d).
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:59, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 secretary within 60 days after plugging the
well or at the time of the next quarterly report (whichever is less). For other
wells, well plugging records shall be submitted to the secretary within one
year after the abandonment of any well.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 reference for the procedures and methods used for
sample collection, preservation, and quality control and the name, address,
telephone number, and laboratory identification number of the laboratory
performing the analyses;
(2) Records of all data
used to complete permit and license applications and any supplemental
information;
(3) Calibration and
maintenance records and all original records of continuous monitoring
instrumentation, copies of all reports required by the permit, and records of
all data used to complete the permit application;
(4) The nature and
composition of all injected fluids until three years after the completion of
any plugging and abandonment procedures; and
(5) Information requested
by the secretary for inclusion in the annual report.
Records shall be retained for a period
of at least three years from the date of the sample, measurement, or report.
This period may be extended by request of the secretary at any time. The
secretary may require the operator to deliver the records to the secretary at
the conclusion of the retention period.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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,
for secretary review and approval, for wells that are improperly sealed,
completed, or abandoned, consisting of the proposed actions to be taken to
prevent movement of fluid into unauthorized zones. The plan shall provide
information on each well to be remediated including whether it is a production,
monitoring, or abandoned well, the well name or number, and a description of
the condition of the well.
In determining the adequacy of
corrective actions proposed by the operator to prevent fluid movement between
or into water-bearing strata, including underground sources of drinking water,
the secretary shall consider the following criteria and factors:
(1) Nature and volume of
injected fluid;
(2) Nature of native fluids
or by-products of injection;
(3) Geology;
(4) Hydrology;
(5) History of the
injection operation;
(6) Completion and plugging
records;
(7) Abandonment procedures
in effect at the time the well was abandoned; and
(8) Hydraulic connections
between water-bearing strata, including underground sources of drinking water.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
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 postclosure monitoring, and reclaim the facilities in accordance with
approved plans specified in the permit and reclamation plan. When well plugging
and surface reclamation is complete, the operator shall notify the secretary. A
final closure inspection and review of water quality data shall be conducted by
the secretary. Based on the inspection and review, the secretary shall make a
recommendation to the board at a closure hearing. If the board determines the
operator has achieved restoration of the aquifers and reclamation of surface
facilities, the postclosure care and maintenance period shall begin.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July , 1987; transferred from § 74:03:11:60, July
1, 1996; 34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
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 to the secretary the estimated costs for postclosure care and maintenance as computed in accordance with established engineering principles, including:
(1) The cost of long-term
ground water restoration to ensure continued compliance consistent with the
values listed in the restoration table contained in the permit for both
production and nonproduction zones;
(2) The cost of operation
of monitoring systems; and
(3) The cost of inspection
and maintenance activities to ensure compliance with all applicable
reclamation, design, and operating criteria.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-40.
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 approved postclosure
plan, including at a minimum quarterly inspections of
well heads over the entire mine site. If leaking well heads are observed during
the inspections they must be repaired or re-plugged as necessary.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
74:55:01:60.03. Postclosure operation of monitoring systems.
During the postclosure period, the operator shall continue surface and ground
water quality monitoring in accordance with the approved postclosure plan or
water quality monitoring plan. The results of all water quality monitoring and
laboratory analyses must be included in the annual postclosure report.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-44.
74:55:01:60.04. Ground water contamination during the
postclosure period. Ground water contamination detected during the
postclosure period shall be confirmed by additional sampling conducted by the
operator as required by the secretary and shall be evaluated to determine
whether remedial action is required. The remedial action required by the
operator depends upon the extent of the impact, based upon the following:
(1) Whether the impact is a
result of the mining operation;
(2) The impacts to the health
and well being of the people, animals, wildlife, aquatic life, and plant life
affected;
(3) The social and economic
value of the impacted aquifer;
(4) The technical
practicability and economic reasonableness of reducing or eliminating the
source of pollution;
(5) The effect upon the
environment; and
(6) The potential impacts
to other waters of the state.
Based upon the evaluation, the
secretary shall determine whether remedial action is required. If the secretary
determines remedial action is required, the operator shall submit a remedial
action plan. Depending upon the severity of the impact, the remedial actions
may range from additional monitoring to a resumption of ground water
restoration activity. The postclosure financial assurance shall be recalculated
to account for the cost of remedial actions.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
74:55:01:60.05. End of the postclosure period. The post
closure period shall end when the restored aquifer's water quality consistently
meets the restoration values on the permit restoration table and care and
maintenance for the site is equal to ordinary care and maintenance for lands
not affected. After completion of the postclosure period, the operator shall
submit to the secretary a statement certifying that postclosure activities have
been completed in accordance with the postclosure plan. The secretary shall
conduct an on-site inspection of the Class III injection area, and provide
public notice of its findings, at least thirty days prior to approving the
certification of completion of postclosure care.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-48.
74:55:01:60.06. Public notice for Class III wells. The
department shall provide on its website quarterly updates on the operational
status, compliance status, technical revisions submitted or approved, public
notices, and other pertinent information regarding an active Class III
Underground Injection Control Permit.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-40, 34A-2-44, 34A-2-93(15).
74:55:01:61. Financial assurance guaranteeing the performance
of corrective actions. The estimated costs submitted in permit application
pursuant to subdivision 74:55:01:26(20) shall include the estimated amount of
financial assurance necessary to guarantee the performance of corrective
actions to contain, mitigate, and remediate all pollution, contamination, or
degradation which may be caused by operation of the underground injection wells
for which a permit is being requested under this chapter. The provisions of
§§ 74:07:01:05 and 74:07:01:07 through 74:07:01:14, inclusive, shall apply
to the financial assurance.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:61, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-40, 34A-10-2.1, 34A-10-2.4, 34A-2-93(15).
Law
Implemented: SDCL 34A-2-40, 34A-10-2.1, 34A-10-2.4, 34A-2-93(15).
CHAPTER 74:55:02
UNDERGROUND INJECTION CONTROL -- CLASS I, IV, AND V WELLS
Section
74:55:02:01 Definitions.
74:55:02:02 Class I and IV disposal wells prohibited.
74:55:02:03 Authorization of Class V wells to inject.
74:55:02:04 Reporting requirements for Class V wells.
74:55:02:01. Definitions. Terms used in this chapter mean:
(1) "Class I well," a well used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste, other than Class IV wells; and other industrial and municipal disposal wells which inject fluids beneath the lowest formation containing, within one-quarter mile of the well bore, an underground source of drinking water as defined in § 74:55:01:23;
(2) "Class II well," a well which injects fluids for the enhanced recovery of oil or natural gas, or for the storage of hydrocarbons, which are liquid at standard temperature and pressure, or a well which injects fluids which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters were classified as hazardous waste at the time of injection;
(3) Class III well," a well which injects fluids for extraction of minerals or energy, including those wells used for solution mining of minerals;
(4) "Class IV well," a well used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes into or above a formation which contains an underground source of drinking water within one-quarter mile of the well;
(5) "Class V well," a well not included in Classes I - IV;
(6) "Hazardous waste," a hazardous waste as defined in 40 C.F.R. § 261.3 as it existed on May 15, 1986;
(7) "Well," an artificial excavation or opening in the ground, made by digging, boring, drilling, jetting, or by another artificial method and often walled with bricks or tubing to prevent the sides from caving.
Source: 8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 12 SDR 204, effective June 23, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:12:01, July 1, 1996.
General Authority: SDCL 34A-2-12.
Law Implemented: SDCL 34A-2-12.
74:55:02:02. Class I and IV disposal wells prohibited. No injection through a well which can be defined as Class I or IV is allowed.
Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:12:02, July 1, 1996.
General Authority: SDCL 34A-2-7, 34A-2-12.
Law Implemented: SDCL 34A-2-21, 34A-2-28.
74:55:02:03. Authorization of Class V wells to inject. A Class V well may inject subject to the provisions of SDCL 34A-2 governing the prevention of pollution of the waters of the state.
Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:12:03, July 1, 1996.
General Authority: SDCL 34A-2-7, 34A-2-12.
Law Implemented: SDCL 34A-2-21, 34A-2-28.
74:55:02:04. Reporting requirements for Class V wells. The owner or operator of a Class V well shall, within 30 days of completion, notify the secretary of the Department of Agriculture and Natural Resources of the existence of any well meeting the definitions of Class V under the owner's or operator's control and shall submit the inventory information on forms provided by the secretary.
Source: 8 SDR 71, effective December 24, 1981; 11 SDR 30, effective August 30, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:12:04, July 1, 1996; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34A-2-7, 34A-2-12.
Law Implemented: SDCL 34A-2-21, 34A-2-28.
