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.