74:55:01:53.  Remedial action for excursion. If the verifying analysis indicates that an excursion has occurred, the operator shall submit to the secretary for review and approval a remedial action plan and a ground water analysis report to include the following:

          (1)  A description of the excursion and its cause;

          (2)  The period of excursion, including exact dates and times;

          (3)  If the excursion has not been corrected, the anticipated time it is expected to continue;

          (4)  Steps taken or planned to reduce, eliminate, and prevent recurrence of the excursion; and

          (5)  Sample analyses for pH, calcium, magnesium, sodium, potassium, carbonate, bicarbonate, sulfate, chloride, silica, uranium, ammonia, nitrate, total dissolved solids (180 degrees C.), specific conductance, and any other parameter specified by the secretary. One or more parameters may be excluded, if the secretary determines that the concentration or value of a specific parameter is not likely to occur as a result of the in situ leach mine.

          The operator shall report every two weeks. All reports shall be mailed to the secretary, postmarked within two days of the end of each report period. The first report period shall begin the day the presence of a control parameter exceeding its upper limit value in a monitor well is verified. The operator shall continue to make remedial action reports until cleanup is accomplished.

          Following review by the secretary, the operator shall use methods judged necessary and prudent to define the extent of the excursion and to cleanup recovery fluids in an expeditious manner.

          Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:53, July 1, 1996; 34 SDR 279, effective May 12, 2008.

          General Authority: SDCL 34A-2-93(15).

          Law Implemented: SDCL 34A-2-48.

          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.

          74:55:01:53.02.  Excursions -- Not controlled. If an excursion is not controlled within 30 days following confirmation of the excursion, a sample must be collected from each of the  affected monitoring wells and analyzed for the following parameters: ammonia, antimony, arsenic, barium, beryllium, bicarbonate, boron, cadmium, calcium, carbonate, chloride, chromium, conductivity, copper, fluoride, gross alpha, gross beta, iron, lead, magnesium, manganese, mercury, molybdenum, nitrate, nitrate + nitrite, pH, potassium, selenium, sodium, sulfate, radium-226 and 228, thallium, total dissolved solids, uranium, vanadium, and zinc, and any other parameter specified by the secretary, unless the secretary determines that the concentration or value of one or more parameters is not likely to occur as a result of the in situ leach mine.

          If an excursion is not controlled within 60 days following confirmation of the excursion, the secretary may require the operator to conduct additional sampling of monitoring wells, installation of additional monitor wells, termination of injection in the portion of the wellfield in which the excursion originated, or a combination of approaches to assure control within a timely manner.

          Source: 34 SDR 279, effective May 12, 2008.

          General Authority: SDCL 34A-2-93(15).

          Law Implemented: SDCL 34A-2-48.