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 Repealed.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December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:45, July 1, 1996; repealed, 34 SDR 279, effective May 12, 2008.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.