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).