ENTITLED, An Act to prohibit the disposal of certain oil and gas field wastes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as follows:

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    No saltwater, crude oil, waste oil, or other oil or gas field liquid wastes may be stored in an earthen pit or open receptacle unless the facility is directly associated with the development of a specific well or producing property and receives liquid wastes only from that specific well or producing property.

    Section 2. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as follows:

    Radionuclides found in nature, such as radium, thorium, and uranium, that have become concentrated through human activities, and which have been generated during oil and gas production activities with a total laboratory-measured radioactivity level of Radium-226 plus Radium-228 greater than 5 picocuries/gram above the background radioactivity level, are prohibited from being disposed of at any solid waste facility permitted under this chapter. The background radioactivity level is as measured at each individual permitted solid waste facility. All radioactivity levels shall be measured using methods and procedures approved by the Department of Environment and Natural Resources.

     Signed March 20, 2013

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