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Administrative Rules
Rule 74:55:01:59 Requirements for plugging wells, drill holes, and the repair and conversion of wells.

          74:55:01:59.  Requirements for plugging wells, drill holes, and the repair and conversion of wells. The requirements for plugging drill holes and repair, conversion, and plugging of wells are as follows:

 

          (1)  A plan for drill hole plugging and well repair, plugging, and conversion shall be included in the permit application and constitutes a condition of the permit;

 

          (2)  All drill holes shall be plugged in accordance with § 74:02:04:67, 74:02:04:69, or 74:02:04:70, as applicable, in a manner that will not allow the movement of fluids either into or between water-bearing strata, including underground sources of drinking water;

 

          (3)  The operator shall notify the secretary 45 days before a well within a production area is converted to other uses than injection;

 

          (4)  The operator shall notify the secretary 10 days prior to plugging a well so the secretary can witness the plugging;

 

          (5)  All abandoned wells shall be plugged or converted, in accordance with the plugging/conversion plan in the permit, to ensure that ground water is protected and preserved for future use and to eliminate any potential physical hazard. A well is considered abandoned if it has not been used for a period of two years, unless the operator submits to the secretary and receives approval for a technical revision demonstrating the operator's intention to use the well again and the actions and specifying procedures that will be taken to ensure that mechanical integrity of the well is maintained and the well will not endanger any unauthorized zone, underground source of drinking water, or water-bearing strata;

 

          (6)  All wells completed in confined aquifers or encountering more than one aquifer shall be plugged in accordance with § 74:02:04:67;

 

          (7)  All wells completed in unconfined aquifers or with only one aquifer encountered shall be plugged in accordance with § 74:02:04:69;

 

          (8)  To ensure that the locations of the abandoned wells are adequately identified:

 

               (a)  The boundaries of each wellfield and the location of the monitor wells around each wellfield shall be recorded as a deed notice with the appropriate county; and

 

               (b)  The top of the plugging mixture in each abandoned well shall clearly show on a steel plate placed atop the sealing mixture the permit number, well identification number, and information required by the secretary. All marking devices shall be installed at a minimum depth of two feet below the land surface; and

 

               (c)  All abandoned wells shall be surveyed using global positioning system equipment that has an accuracy of at least one meter;

 

          (9)  Plugging and conversion activities shall be reported in accordance with the requirements in subdivision 74:55:01:49(3)(d).

 

          Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:59, July 1, 1996; 34 SDR 279, effective May 12, 2008.

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

          Law Implemented: SDCL 34A-2-44.

 




Rule 74:55:01:59.01 Well plugging records.

          74:55:01:59.01.  Well plugging records. For any well abandoned and plugged at an in situ leach mine, well drillers shall prepare and file well plugging records as required by § 74:02:04:71. The plugging records shall be submitted to the secretary within 60 days after plugging the well or at the time of the next quarterly report (whichever is less). For other wells, well plugging records shall be submitted to the secretary within one year after the abandonment of any well.

 

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

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

          Law Implemented: SDCL 34A-2-44.

 




Rule 74:55:01:59.02 Maintenance and retention of records.

          74:55:01:59.02.  Maintenance and retention of records. The operator shall retain records of all monitoring information at the mine site, including the following:

 

          (1)  Laboratory analyses, including a description of or reference for the procedures and methods used for sample collection, preservation, and quality control and the name, address, telephone number, and laboratory identification number of the laboratory performing the analyses;

 

          (2)  Records of all data used to complete permit and license applications and any supplemental information;

 

          (3)  Calibration and maintenance records and all original records of continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application;

 

          (4)  The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures; and

 

          (5)  Information requested by the secretary for inclusion in the annual report.

 

          Records shall be retained for a period of at least three years from the date of the sample, measurement, or report. This period may be extended by request of the secretary at any time. The secretary may require the operator to deliver the records to the secretary at the conclusion of the retention period.

 

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

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

          Law Implemented: SDCL 34A-2-44.

 




Rule 74:55:01:59.03 Corrective actions for improperly sealed wells.

          74:55:01:59.03.  Corrective actions for improperly sealed wells. Corrective actions shall be done on wells that are improperly sealed, completed, or abandoned. The operator shall submit a corrective action plan, for secretary review and approval, for wells that are improperly sealed, completed, or abandoned, consisting of the proposed actions to be taken to prevent movement of fluid into unauthorized zones. The plan shall provide information on each well to be remediated including whether it is a production, monitoring, or abandoned well, the well name or number, and a description of the condition of the well.

 

          In determining the adequacy of corrective actions proposed by the operator to prevent fluid movement between or into water-bearing strata, including underground sources of drinking water, the secretary shall consider the following criteria and factors:

 

          (1)  Nature and volume of injected fluid;

          (2)  Nature of native fluids or by-products of injection;

          (3)  Geology;

          (4)  Hydrology;

          (5)  History of the injection operation;

          (6)  Completion and plugging records;

          (7)  Abandonment procedures in effect at the time the well was abandoned; and

          (8)  Hydraulic connections between water-bearing strata, including underground sources of drinking water.

 

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

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

          Law Implemented: SDCL 34A-2-48.

 

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