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.