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.