reglab/housing_qa huggingface dataset:
SD Codified L § 45-6B-54 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-54 - Small-scale operation--Application for permit--Contents.

45-6B-54. Small-scale operation--Application for permit--Contents.The operator shall obtain a permit from the Board of Minerals and Environment by filing an application with the board that shall set forth the following information:(1)The address of the general office and the local address or addresses of the operator;(2)The name of the owner of the surface of the affected land;(3)The substance to be mined;(4)The name of the owner of the substance to be mined;(5)A map showing information sufficient to determine the location of the affected land on the ground and existing and proposed roads or access routes to be used in connection with the mining operation;(6)The approximate size of the affected land;(7)Information sufficient to describe or identify the type of mining operation proposed and how it would be conducted;(8)A preliminary wildlife survey conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved of by the Department of Game, Fish and Parks. The cost of a survey conducted by the Department of Game, Fish and Parks may not exceed one hundred dollars. The operator shall abide by any reasonable restrictions subject to review and approval by the board at the request of the operator concerning riparian habitat or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area;(9)The measures to be taken to comply with the operating and reclamation requirements of §§45-6B-37 to 45-6B-46, inclusive; and(10)The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant access to the board or its agents to the area under application from the date of the application and during the life of the permit as is necessary to assure compliance with the provisions of this chapter or any rule, order, or decision promulgated hereunder. Source: SL 1982, ch 305, §54.
SD Codified L § 45-6B-55 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-55 - Small-scale operation--Fee--Surety.

45-6B-55. Small-scale operation--Fee--Surety.A nonrefundable fee of one hundred dollars, and a surety not to exceed two thousand five hundred dollars as the Board of Minerals and Environment shall determine, shall accompany the application and shall be paid by the applicant. Source: SL 1982, ch 305, §55.
SD Codified L § 45-6B-56 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-56 - Small-scale operation--Annual notice of intent to continue--Fee and reporting requirements.

45-6B-56. Small-scale operation--Annual notice of intent to continue--Fee and reporting requirements.Except as provided in subsection 45-6B-3(6)(b), the operator shall annually file on the anniversary date of the permit a notice of intent to continue mining operations. The notice of intent shall contain an annual fee of fifty dollars and comply with the reporting requirements of §45-6B-36. Source: SL 1982, ch 305, §56.
SD Codified L § 45-6B-57 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-57 - Small-scale operation--Notice of completion of reclamation.

45-6B-57. Small-scale operation--Notice of completion of reclamation.The operator, at any time after the completion of reclamation, may notify the Board of Minerals and Environment that the land has been reclaimed. Upon receipt of the notice that the affected land or a portion of it has been reclaimed, the board shall cause the land to be inspected and release the surety or a portion of it within thirty days after the board finds the reclamation to be satisfactory and in accordance with a plan agreed upon by the board and the operator. Source: SL 1982, ch 305, §57.
SD Codified L § 45-6B-59 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-59 - Laws applicable to processing and action on applications.

45-6B-59. Laws applicable to processing and action on applications.Applications for permits under §45-6B-53 shall be processed and final action taken thereon within forty-five days of the filing thereof. The provisions of §§45-6B-16, 45-6B-17, and 45-6B-28 concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to this section, but the Board of Minerals and Environment shall, by rule, provide simplified and reduced procedures and requirements therefor which are applicable to meet the forty-five-day period. Within the forty-five-day period, the board shall hold a hearing on an application as provided in §45-6B-30. Source: SL 1982, ch 305, §59.
SD Codified L § 45-6B-60 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-60 - Small-scale operation--Conversion of permit to larger operation.

45-6B-60. Small-scale operation--Conversion of permit to larger operation.Any operator conducting an operation under a permit issued under §45-6B-59, who has held the permit for two consecutive years or more, and who subsequently desires to expand it to a size in excess of the limitation set forth in §45-6B-53, may request the conversion of his permit by filing an application for a permit pursuant to §§45-6B-5 to 45-6B-10, inclusive. However the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional applicable materials provided the Board of Minerals and Environment during the course of his current operation, or resulting from the board's inspections thereof. Source: SL 1982, ch 305, §60.
SD Codified L § 45-6B-61 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-61 - Small-scale operation--Conversion of permit--Time for action on application.

45-6B-61. Small-scale operation--Conversion of permit--Time for action on application.Applications for conversion of a permit under §45-6B-60 shall be processed and final action taken thereon within ninety days of the complete filing thereof. Source: SL 1982, ch 305, §61.
SD Codified L § 45-6B-62 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-62 - Small-scale operation--Conversion of permit--Laws applicable to procedure.

45-6B-62. Small-scale operation--Conversion of permit--Laws applicable to procedure.The provisions of §§45-6B-16, 45-6B-17, and 45-6B-28, concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to application pursuant to §45-6B-60; but the Board of Minerals and Environment shall, by rule, provide procedures and requirement therefor which are applicable to meet the forty-five-day period. Source: SL 1982, ch 305, §62.
SD Codified L § 45-6B-63 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-63 - Small-scale operation--Conversion of permit--Grounds for denial.

45-6B-63. Small-scale operation--Conversion of permit--Grounds for denial.The Board of Minerals and Environment may not deny the conversion of a permit issued pursuant to §45-6B-53 for any reason other than those set forth in §45-6B-32. Source: SL 1982, ch 305, §63.
SD Codified L § 45-6B-66 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-66 - Violation--Forfeiture of surety--Proceedings by attorney general.

45-6B-66. Violation--Forfeiture of surety--Proceedings by attorney general.The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §45-6B-49. Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question or forfeit the bond penalty. Source: SL 1982, ch 305, §65.
SD Codified L § 45-6B-67 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-67 - Violation--Forfeiture of surety--Foreclosure of real estate.

45-6B-67. Violation--Forfeiture of surety--Foreclosure of real estate.The attorney general, upon request of and on behalf of the Board of Minerals and Environment, may foreclose upon all real estate provided as surety. The board may dispose of such real estate and apply the proceeds of the disposed real estate to the reclamation of lands not reclaimed by the operator who supplied the real estate as surety. Source: SL 1982, ch 305, §66.
SD Codified L § 45-6B-68 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-68 - Violation--Forfeiture of surety--Reclamation of land by board.

45-6B-68. Violation--Forfeiture of surety--Reclamation of land by board.The Board of Minerals and Environment shall reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited. Source: SL 1982, ch 305, §67.
SD Codified L § 45-6B-69 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-69 - Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.

45-6B-69. Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.All application fees and renewal fees received by the Board of Minerals and Environment shall be deposited by the board in the environment and natural resources fee fund established pursuant to §1-41-23. The proceeds of any surety forfeiture proceeds conducted pursuant to §45-6B-66 and the proceeds of the disposal of any property pursuant to §45-6B-67 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The special revenue fund is continuously appropriated to the board for the reclamation of affected lands which were obligated to be reclaimed under the permits upon which such surety has been forfeited. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate. Source: SL 1982, ch 305, §68; SL 1994, ch 23, §6; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-70 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-70 - Violation of permit--Civil penalty--Liability for damages to environment.

45-6B-70. Violation of permit--Civil penalty--Liability for damages to environment.Any person who violates any provision of any permit issued under this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day during which such violation occurs, for damages to the environment of this state, or both; except that any operator who operates under a permit issued under §§45-6B-54 to 45-6B-59, inclusive, is subject to a civil penalty of not less than fifty dollars nor more than two hundred dollars per day for each day during which such violation occurs, or is liable for damages to the environment of this state, or both. This penalty may be in addition to any other penalties authorized. Source: SL 1982, ch 305, §69; SL 1988, ch 291, §21.
SD Codified L § 45-6B-71 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-71 - Operation without permit--Civil penalty.

45-6B-71. Operation without permit--Civil penalty.A person who operates a mining operation without a valid permit issued pursuant to the provisions of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day during which such violation occurs. Source: SL 1982, ch 305, §70.
SD Codified L § 45-6B-71.1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-71.1 - Operation without permit near lake or stream as misdemeanor.

45-6B-71.1. Operation without permit near lake or stream as misdemeanor.Any operator mining within one hundred feet of a lake or stream of this state without a permit issued pursuant to this chapter is guilty of a Class 2 misdemeanor. Source: SL 1983, ch 309, §1.
SD Codified L § 45-6B-72 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-72 - Refusal of access or interference with inspection as violation.

45-6B-72. Refusal of access or interference with inspection as violation.It is a violation of a mining permit's terms and conditions to refuse entry or access to any authorized representative of the Board of Minerals and Environment who after presenting appropriate credentials requests entry for the purpose of inspection under this chapter; nor may any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the mining site is entitled to receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter. Source: SL 1982, ch 305, §71; SL 2011, ch 165, §207.
SD Codified L § 45-6B-73 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-73 - Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.

45-6B-73. Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.The Board of Minerals and Environment shall carry out and administer the provisions of this chapter. The board has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter. The Department of Agriculture and Natural Resources may employ agents, employees, and consultants, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The board may call upon the attorney general of the state for such legal services as it may require. Source: SL 1982, ch 305, §72; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-74 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-74 - Studies and programs initiated and encouraged by board.

45-6B-74. Studies and programs initiated and encouraged by board.The Board of Minerals and Environment may initiate and encourage studies and programs through the Department of Agriculture and Natural Resources and in other agencies and institutions of state government relating to the development of less destructive methods of mining operations, better methods of land reclamation, more effective reclaimed land use, better methods of protecting water quality and quantity, and coordination of the provisions of this chapter with the programs of other state agencies dealing with environmental, recreational, rehabilitation, and related concerns. Source: SL 1982, ch 305, §73; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-75 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-75 - Assistance provided by other departments and agencies.

45-6B-75. Assistance provided by other departments and agencies.The Department of Agriculture and Natural Resources, the Department of Game, Fish and Parks, the Department of Education, the commissioner of school and public lands, and soil conservation boards shall furnish the Board of Minerals and Environment and its designees, as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of total reclamation and enforcement duties. Source: SL 1982, ch 305, §74; SL 2004, ch 17, §295; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
SD Codified L § 45-6B-76 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-76 - General powers of board.

45-6B-76. General powers of board.The Board of Minerals and Environment may:(1)Administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing;(2)Accept gifts, contributions, federal grants-in-aid, or financial aid from any other source for accomplishing reclamation or implementing the provisions of §45-6B-74;(3)Carry out reclamation of affected lands. Source: SL 1982, ch 305, §75.
SD Codified L § 45-6B-79 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-79 - Use of reclamation fund.

45-6B-79. Use of reclamation fund.The Board of Minerals and Environment may allocate funds from the reclamation fund created by section 30 of chapter 251 of the 1971 Session Laws. These funds may be used for the reclamation of previously affected lands. Source: SL 1983, ch 310.
SD Codified L § 45-6B-80 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-80 - Exemption of educational and recreational activities.

45-6B-80. Exemption of educational and recreational activities.Any person engaged in recreational, hobby, amateur, or field activities independently or sponsored by educational institutions or by organizations involved in earth science activities including, but not limited to, geology, mineralogy, paleontology, treasure hunting, gold panning, archaeology, and noncommercial agate and gem hunting and using hand held tools and equipment is exempt from the provisions of this chapter. Source: SL 1983, ch 309, §2.
SD Codified L § 45-6B-81 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-81 - Promulgation of rules by board regarding surface mining and reclamation.

45-6B-81. Promulgation of rules by board regarding surface mining and reclamation.The board may promulgate rules, pursuant to chapter 1-26, consistent with the provisions of this chapter, to provide for:(1)The procedure for filing and departmental review of mining permit applications;(2)The procedure for amending mining permits;(3)The procedure for transfer of permits;(4)The reclamation of mills proposed to be operated in conjunction with a mining operation;(5)The prehearing procedure for determining the type of reclamation to be performed on affected land;(6)The minimum requirements for each type of reclamation;(7)The reclamation activities required to be performed concurrent with mining activity;(8)The procedure to be followed to address reclamation before or during a temporary cessation of mining activity pursuant to subdivision 45-6B-3(6);(9)The procedure for determining special, exceptional, critical, or unique land in accordance with §45-6B-33; and(10)The requirements for construction, operation, monitoring, and closure of uranium and other mineral mines using in situ leach processes. Source: SL 1987, ch 322; SL 1989, ch 381, §4; SL 2006, ch 224, §3.
SD Codified L § 45-6B-87 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-87 - Large-scale gold or silver surface mining operations not exempt from federal laws.

45-6B-87. Large-scale gold or silver surface mining operations not exempt from federal laws.Nothing in this chapter relieves the holder of any large-scale gold or silver surface mining permit from any of the requirements of the Clean Air Act of 1955, as amended to January 1, 2011, the Clean Water Act of 1977, as amended to January 1, 2011, the South Dakota Air Quality Act (chapter 34A-1), the Federal Water Pollution Control Act of 1972, as amended to January 1, 2011, the Safe Drinking Water Act (P.L. 93-523), as amended to January 1, 2011, the Mine Safety and Health Administration regulations (30 C.F.R. Part 3830), as amended to January 1, 2011, United States Forest Service surface mining and exploration reclamation requirements (43 C.F.R., page 228), as amended to January 1, 2011, Bureau of Land Management mining and exploration requirements (43 C.F.R. Part 3800), as amended to January 1, 2011, the Mined Land Reclamation Act (this chapter), the regulated substance discharges statutes in chapter 34A-12, the Resource Conservation and Recovery Act of 1976, as amended to January 1, 2011, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 95-510), as amended to January 1, 2011, the Toxic Substance Control Act of 1976 (P.L. 94-469), as amended to January 1, 2011, Lawrence County extractive industries ordinances, as amended to January 1, 2011, and all rules and regulations promulgated to implement existing statutes, including rules dealing with air pollution, control of visible emissions, open burning, control of particulate emissions, control of sulfur compound emissions, new source performance standards, standards of performance for storage vessels of petroleum liquids, air standards, spill control plans, buried tanks, water pollution, public water systems, and dredge and fill permit requirements. Source: SL 1990, ch 353, §7; SL 2011, ch 165, §208.
SD Codified L § 45-6B-88 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-88 - Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.

45-6B-88. Procedures for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.The board, by rules adopted in compliance with chapter 1-26, shall provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation. Source: SL 1991, ch 288, §11.