reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:06 - Transfer of permit to inject

Current through Register Vol. 51, page 10, July 15, 2024
If permitted injection volumes, pressures, and fluid characteristics
	 remain unchanged, a permit to inject may be transferred to a new owner or
	 operator by using the transfer of ownership or operation procedure in §
									74:12:04:18.
If there will be a major modification in permitted injection volumes,
	 pressures, or fluid characteristics, the new owner or operator must submit an
	 application for a permit to inject modification pursuant to this chapter. The
	 application must be approved by the secretary before initiating the proposed
	 changes at the well.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:07 - Termination of permit to inject

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may terminate a permit to inject for the following
	 causes:
(1) Noncompliance by the
  permittee with any condition of the permit;
(2) The permittee's failure in the
  application or during the permit issuance process to disclose fully all
  relevant facts, or the permittee's misrepresentation of any relevant facts at
  any time; or
(3) A determination
  that the permitted activity endangers human health or the environment and can
  only be regulated to acceptable levels by permit modification or termination.
The secretary shall issue a notice of termination to the operator
	 specifying the basis for termination of the permit to inject. Termination is
	 effective within ten days after issuance of the notice of termination unless
	 the owner or operator requests a hearing pursuant to chapter
	 74:09:01.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:08 - Major modifications

Current through Register Vol. 51, page 10, July 15, 2024
Modifications of permits to inject issued pursuant to this chapter that
	 cannot be processed as a minor modification under §
									74:12:07:09 must conform to the
	 application and notice of recommendation procedure in chapter
	 74:12:09.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:09 - Minor modifications

Current through Register Vol. 51, page 10, July 15, 2024
The secretary, with the consent of the owner or operator of the
	 injection well, may modify a permit to inject to make corrections or allowances
	 to the permit, if the corrections or allowances are listed in this section and
	 will not threaten or degrade freshwater resources. Such modifications
	 are:
(1) Correction of typographical
  errors and language changes that have no legal or substantive effect;
(2) A requirement for more frequent
  monitoring or reporting by the permittee;
(3) A change in ownership or operational
  control of a well if the secretary determines that no other change in the
  permit is necessary, provided a written agreement containing a specific date
  for transfer of responsibility for the injection well, coverage, and liability
  between the current and new owner or operator has been submitted to the
  secretary pursuant to §
									74:12:07:06;
(4) A change in quantities or types of fluids
  injected which are within the capacity of the injection well as permitted and,
  in the judgment of the secretary, would not interfere with the operation of the
  injection well or its ability to meet conditions described in the permit and
  would not change its classification;
(5) A change in construction requirements
  approved by the secretary pursuant to this chapter if the alteration complies
  with the conditions of the permit to inject and this section;
(6) Amendment of a plugging and abandonment
  plan which has been updated pursuant to this article.
(7) Recementing, reworking, or reconditioning
  a well; and
(8) Deepening,
  extending, or sidetracking an existing well within the permitted injection
  horizon.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Abandonment and plugging of wells, ch
		74:12:03.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:10 - Casing and cementing of injection wells

Current through Register Vol. 51, page 10, July 15, 2024
Wells used for the injection of any substance must be constructed with
	 adequate casing, tubing, and packer. There shall be no leak in the casing,
	 tubing, or packer that results in the well failing a mechanical integrity test.
	 The wells must be cased and cemented to prevent fluid movement into freshwater
	 resources. Operators shall repair or plug wells with defective casings, in
	 compliance with §§
									74:12:02:13,
	 74:12:03:01, and
	 74:12:03:02.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:11 - Notice of commencement and discontinuance of injection operations

Current through Register Vol. 51, page 10, July 15, 2024
The following provisions for notice of commencement and discontinuance
	 of injection operations apply to all injection projects:
(1) The operator shall notify the secretary
  of the injection date immediately upon commencement of injection and submit a
  written notice within 30 days;
(2)
  The operator shall notify the secretary of the date of the discontinuance and
  the reason therefore within 10 days, and submit a written notice within 30
  days; and
(3) The operator shall
  serve written notice on, and receive written approval from the secretary prior
  to plugging an injection well. The operator shall follow the procedure for
  plugging wells prescribed in §
									74:12:03:02.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:12 - Monitoring of injected fluids

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall monitor the nature of the injected fluids
	 at least once within the first year of injection activity and thereafter when
	 changes are made to the fluid. All water quality analyses of the fluid must be
	 submitted to the secretary.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:13 - Injection project records

Current through Register Vol. 51, page 10, July 15, 2024
The operator of an injection project shall keep accurate records and
	 shall report at least annually the amount of fluid produced, the volumes of
	 fluid injected, and the average and maximum injection pressure, and any major
	 changes in characteristics or sources of injected fluids.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:14 - Retention of records

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall retain records of all monitoring
	 information, including the following:
(1) Calibration and maintenance records and
  all original strip chart recordings for continuous monitoring instrumentation
  and copies of all reports required by this chapter for a period of at least
  three years from the date of the sample, measurement, or report; and
(2) The nature and composition of all
  injected fluids until three years after the completion of any plugging and
  abandonment procedures specified in this chapter.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-16.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:15 - Inspection and monitoring of injection project

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may sample injection fluids at any time during the
	 inspection and may inspect all injection facilities pursuant to the provisions
	 of §§
									74:12:08:02 to
	 74:12:08:04,
	 inclusive.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-17,
		45-9-55.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:16 - Reporting of mechanical problems, well failures, or malfunctions of the injection system

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall report any mechanical problem, well
	 failure, or malfunction of the injection system, including any monitoring or
	 other information which indicates that a contaminant may endanger freshwater
	 resource; and anything which may cause fluid migration into or between
	 freshwater resources.
The information must be provided orally to the secretary as soon as the
	 owner or operator becomes aware of the circumstances, but no later than the end
	 of the next business day. A written submission must be provided within five
	 days from the time the owner or operator becomes aware of the circumstances.
	 The written submission must contain the following:
(1) A description of the problem and its
  cause;
(2) The period of the
  problem, including exact dates and times, and, if the problem has not been
  corrected, the anticipated time it is expected to continue; and
(3) Steps taken or planned to reduce,
  eliminate, and prevent recurrence of the problem.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14,
		45-9-17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:17 - Injection prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Injection between the outermost casing protecting freshwater resources
	 and well bore is prohibited.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:18 - Demonstration of mechanical integrity required

Current through Register Vol. 51, page 10, July 15, 2024
The operator of an injection project shall demonstrate the mechanical
	 integrity of a new or converted injection well prior to operation. All
	 injection wells must be tested at least once every five years thereafter as
	 directed by the secretary. Mechanical integrity must be maintained at all times
	 and must be proven on all injection wells which receive corrective action
	 before the well can be brought back on line. The secretary shall witness the
	 mechanical integrity tests. The operator shall contact the secretary at least
	 72 hours before each test.
The owner or operator shall demonstrate mechanical integrity by
	 monitoring the annulus pressure during a 15 minute pressure fall-off test, a 15
	 minute wellhead pressure test, or another secretary approved test, and by
	 submitting cementing records, which include cement bond logs and completion or
	 recompletion records that demonstrate adequate cement is present to prevent
	 vertical fluid migration adjacent to the well bore.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:19 - Notice of lack of mechanical integrity

Current through Register Vol. 51, page 10, July 15, 2024
If the secretary determines, pursuant to §
									74:12:07:18, that an injection
	 well permitted under this chapter lacks mechanical integrity, the secretary
	 shall notify the owner or operator in writing. Unless the secretary requires
	 immediate cessation of the injection, the owner or operator shall cease
	 injection into the well within 48 hours after receipt of the secretary's
	 notice. The secretary shall require the owner or operator to either plug the
	 well in accordance with the requirements of chapter 74:12:03, or perform any
	 operation, monitoring, reporting, or corrective action necessary to prevent the
	 movement of fluid into or between freshwater aquifers caused by the lack of
	 mechanical integrity. The owner or operator may resume injection upon receipt
	 of written notice from the secretary that the owner or operator has
	 demonstrated mechanical integrity pursuant to §
									74:12:07:18.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:20 - Correction of adverse effects required

Current through Register Vol. 51, page 10, July 15, 2024
If monitoring or testing indicates that a freshwater resource may be
	 degraded by the injection activities, the operator of an injection well shall
	 make corrections on existing wells within the area of review which may serve as
	 an avenue of contamination from proposed injection activities. The corrections
	 shall be specified by the secretary and may include recementing, reworking,
	 reconditioning, redrilling, or a similar correction.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:21 - Secretary to set maximum injection pressure

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall set a maximum injection pressure for each well
	 which assures that the pressure in the injection zone during injection does not
	 initiate new fractures in the confining zone, propagate existing fractures in
	 the confining zone, or cause the movement of fluids into a freshwater resource.
	 The injection pressure at the wellhead may not exceed the maximum permitted
	 pressure, which must be calculated by methods approved by the secretary. If
	 requested by the operator, the secretary may allow an increase in the maximum
	 injection pressure utilizing the notice of recommendation procedure in chapter
	 74:12:09.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:22 - Secretary to set maximum injection volume

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may set a maximum volume of fluid to be injected to
	 ensure that the injection will not cause cross-contamination of aquifers. The
	 secretary shall determine the maximum injection volume based on
	 radius-of-influence calculations, pressure buildup calculations, well
	 construction data from wells in the radius of influence, or any other
	 information considered necessary by the secretary. The injection volume may not
	 exceed the maximum permitted amount. The operator shall monitor injection
	 volume monthly and shall report the injection volumes to the secretary
	 according to §
									74:12:07:13. If requested by the
	 operator, the secretary may allow an increase in the injection volume,
	 utilizing the notice of recommendation procedure in chapter
	 74:12:09.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:23 - Injection well drilling requirements

Current through Register Vol. 51, page 10, July 15, 2024
All wells drilled for the purpose of injection of any substance must
	 meet the requirements of §§
									74:12:02:01 to
	 74:12:02:03, inclusive;
	 74:12:02:09 to 74:12:02:11, inclusive; and 74:12:02:12 to 74:12:02:18,
	 inclusive.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:07 - Enhanced recovery and underground injection › Section 74:12:07:24 - Designation of exempted aquifer

Current through Register Vol. 51, page 10, July 15, 2024
Following the notice of recommendation procedure in chapter 74:12:09,
	 the secretary may exempt a portion of an aquifer from protection under this
	 chapter and designate it as an exempted aquifer if it does not currently serve
	 as a source of drinking water, if the total dissolved solids content of the
	 groundwater is more than 3,000 and less than 10,000 milligrams per liter and it
	 is not expected to supply a public water system, and if it cannot now, and will
	 not in the future, serve as a source of drinking water for any of the following
	 reasons:
(1) It produces
  hydrocarbons;
(2) It is situated at
  a depth or location which makes recovery of water for drinking water purposes
  economically or technologically impractical; or
(3) It is so contaminated that it would be
  economically or technologically impractical to render the water fit for human
  consumption.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13,
		45-9-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:08 - Recordkeeping and inspections › Section 74:12:08:01 - Books and records to be kept to substantiate reports

Current through Register Vol. 51, page 10, July 15, 2024
Producers, injectors, transporters, storers, refiners, gasoline or
	 extraction plant operators, and initial purchasers of oil or gas in this state
	 shall keep the books and records covering their operations in South Dakota for
	 not less than five years to substantiate the reports required by this
	 article.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-17,
		45-9-59.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:08 - Recordkeeping and inspections › Section 74:12:08:02 - Inspections - Scope

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may inspect all oil, gas, or injection wells; oil
	 apparatus; pits; tanks; fire walls; dikes; pipelines; and other production,
	 storage, or transportation facilities, records, and reports necessary for
	 production or disposal under SDCL chapter 45-9 or this article. The scope of an
	 inspection shall be limited to that reasonably necessary to ensure oil or gas
	 is not being wasted, pollution of waters of the state and other natural
	 resources is not occurring, reports filed with the secretary are accurate, and
	 the operation is being conducted pursuant to the permits, approvals, and orders
	 required by SDCL chapter 45-9 or this article.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-53,
		45-9-54,
		45-9-55.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:08 - Recordkeeping and inspections › Section 74:12:08:03 - Inspections - Permission

Current through Register Vol. 51, page 10, July 15, 2024
All applications for permits, approvals, or orders filed under SDCL
	 chapter 45-9 or this article shall contain a notarized statement of the
	 operator granting permission to the secretary for the performance of
	 inspections required or authorized by SDCL chapter 45-9 or this article. If the
	 board finds, after notice and hearing, that an operator has withdrawn
	 permission for the secretary to conduct any oil and gas inspection required or
	 authorized by this article, the board may revoke or suspend any permit,
	 approval, or order affected by the refusal to an inspection.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-53,
		45-9-54,
		45-9-55.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:08 - Recordkeeping and inspections › Section 74:12:08:04 - Inspections - Search warrants

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall obtain a search warrant from the magistrate court
	 in the area of the involved well before conducting an inspection if an operator
	 has withdrawn permission to inspect, unless the involved violation can be
	 discerned by the secretary without entering the operator's property. If the
	 secretary is investigating a complaint alleging waste, pollution, or
	 noncompliance with the provisions of SDCL chapter 45-9 or this article, an
	 inspection may be conducted by the secretary only if the operator consents to
	 the inspection or if a search warrant is obtained.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-53,
		45-9-54,
		45-9-55.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:08 - Recordkeeping and inspections › Section 74:12:08:05 - Pipeline maps required

Current through Register Vol. 51, page 10, July 15, 2024
Pipeline maps indicating the location, size, extensions, and any
	 portions abandoned or not used must be annually filed with the secretary. This
	 section does not apply to lease lines which are only used in the operation of
	 the lease on which they are located or to any line or appurtenant tankage not
	 located in this state.
General Authority:
SDCL
		45-9-13.
Law Implemented:
SDCL
		45-9-11,
		45-9-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:09 - Notice of recommendation procedure › Section 74:12:09:01 - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall publish a notice of recommendation before issuing,
	 denying, suspending, revoking, transferring, or renewing any permit application
	 or petition filed for the following:
(1) Request to drill an oil well on a tract
  containing less than 35 acres, pursuant to §
									74:12:02:04;
(2) Request to drill a gas well on a tract
  containing less than 576 acres, pursuant to §
									74:12:02:05;
(3) Request to drill at an exception location
  to statewide or field spacing, pursuant to §
									74:12:02:08;
(4) Request to drill a directional well or a
  horizontal well in an area not already spaced by the Board of Minerals and
  Environment for directional or horizontal wells, pursuant to §
									74:12:02:02;
(5) Request for an exception to the gas-oil
  ratio, pursuant to §
									74:12:04:01;
(6) Request to commingle oil from separate
  pools underground, pursuant to §
									74:12:04:03;
(7) Permit to inject, pursuant to §
									74:12:07:01;
(8) Request for major modifications of
  permits to inject, pursuant to §
									74:12:07:08;
(9) Request to increase injection pressure,
  pursuant to §
									74:12:07:21;
(10) Request to increase injection volumes,
  pursuant to §
									74:12:07:22;
(11) Exemption of a portion of an aquifer,
  pursuant to §
									74:12:07:24; and
(12) Request to complete well in more than
  one pool, pursuant to §
									74:12:04:04. The secretary may
  require the applicant to submit geologic, geophysical, topographic, lease,
  ownership, engineering, or production information in support of any petition or
  application submitted under this section.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:09 - Notice of recommendation procedure › Section 74:12:09:02 - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
A notice of recommendation shall indicate whether the secretary is
	 recommending approval or denial of an application and include any recommended
	 permit conditions. The notice of recommendation must contain a statement
	 including the information in §
									74:12:09:05. At the request of the
	 applicant, the notice may indicate that, if an interested person files a timely
	 petition to intervene, a hearing before the board will be held on a date
	 certain and include the time, date, and location of the
	 hearing.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:09 - Notice of recommendation procedure › Section 74:12:09:03 - Publication of notice

Current through Register Vol. 51, page 10, July 15, 2024
The department shall publish a notice of recommendation in accordance
	 with the publication requirements of SDCL
	 45-9-58 except that the notice
	 need only be published once. The department shall provide a copy of the notice
	 of recommendation to the applicant before publication.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:09 - Notice of recommendation procedure › Section 74:12:09:04 - Service of notice

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall serve the notice of recommendation in accordance
	 with the requirements of SDCL
	 45-9-58 for service of a notice of
	 hearing.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:09 - Notice of recommendation procedure › Section 74:12:09:05 - Final decision

Current through Register Vol. 51, page 10, July 15, 2024
Unless an interested person files a petition to initiate a contested
	 case hearing in accordance with chapter 74:09:01 within 20 days after the final
	 date of publication of the notice of recommendation, the secretary's
	 recommendation is final. If the secretary's recommendation is for approval or
	 conditional approval, the permit or approval shall be issued in accordance with
	 SDCL 45-9-73. If a hearing is scheduled
	 on the application, it is subject to a final decision by the
	 board.
General Authority:
SDCL
		45-9-11,
		45-9-13,
		45-9-73.
Law Implemented:
SDCL
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:10 - Risk compensation in compulsory pooling and unitization orders › Section 74:12:10:01 - Risk compensation in a compulsory pooling order

Current through Register Vol. 51, page 10, July 15, 2024
In an application for a compulsory pooling order made pursuant to SDCL
	 45-9-31, the applicant may request
	 the board to provide for the recovery of risk compensation, in addition to
	 actual prorated costs, from an owner who elects not to participate in the risk
	 and cost of drilling and operating a well in an established spacing unit.
	 Before an order is entered with such a provision, the applicant must:
(1) Provide proof that an unsuccessful,
  good-faith attempt was made to have the nonparticipating owner execute a lease
  or participate in the risk and cost of drilling and operating the well;
  and
(2) Notify the nonparticipating
  owner with proof of service that the applicant intends to request the board to
  provide for the recovery of risk compensation and that the nonparticipating
  owner may object to the risk compensation provision by responding in opposition
  to the application for the compulsory pooling order.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-30 to
		45-9-36,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:10 - Risk compensation in compulsory pooling and unitization orders › Section 74:12:10:02 - Compulsory pooling - Risk compensation if ownership interest is derived from a lease or other contract for development

Current through Register Vol. 51, page 10, July 15, 2024
If the nonparticipating owner's interest in the spacing unit is derived
	 from a lease or other contract for development, the risk compensation is
	 two-hundred percent of the nonparticipating owner's share of the reasonable
	 actual costs of drilling, reworking, side-tracking, deepening, plugging back,
	 testing, completing and recompleting the well and the costs of newly acquired
	 equipment in the well including the wellhead connection. Risk compensation may
	 be recovered only out of production from the pooled spacing unit, exclusive of
	 a one-eighth royalty as provided for in SDCL
	 45-9-35.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-30 to
		45-9-36,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:10 - Risk compensation in compulsory pooling and unitization orders › Section 74:12:10:03 - Compulsory pooling - Risk compensation if ownership interest is not subject to a lease or other contract for development

Current through Register Vol. 51, page 10, July 15, 2024
If the nonparticipating owner's interest in the spacing unit is not
	 subject to a lease or other contract for development, the risk compensation is
	 one-hundred percent of the nonparticipating owner's share of the reasonable
	 actual costs of drilling, reworking, side-tracking, deepening, plugging back,
	 testing, completing and recompleting the well and the costs of newly acquired
	 equipment in the well including the wellhead connection. Risk compensation may
	 be recovered only out of production from the pooled spacing unit, exclusive of
	 a one-eighth royalty as provided for in SDCL
	 45-9-35.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-30 to
		45-9-36,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:10 - Risk compensation in compulsory pooling and unitization orders › Section 74:12:10:04 - Risk compensation in a compulsory unitization order

Current through Register Vol. 51, page 10, July 15, 2024
In an application for a compulsory unitization order made pursuant to
	 SDCL 45-9-37, the applicant may request
	 the board to provide for the recovery of risk compensation, in addition to
	 actual prorated unit expenses, from owners who elect to have their share of
	 unit expenses carried or otherwise financed. Before an order is entered with
	 such a provision, the applicant must:
(1) Provide proof that an unsuccessful,
  good-faith attempt was made to have the nonparticipating owner execute a lease
  or participate in the risk and cost of unit operations; and
(2) Notify the nonparticipating owner with
  proof of service that the applicant intends to request the board to provide for
  the recovery of risk compensation and that the nonparticipating owner may
  object to the risk compensation provision by responding in opposition to the
  application for the compulsory unitization order.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-37 to
		45-9-52,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:10 - Risk compensation in compulsory pooling and unitization orders › Section 74:12:10:05 - Compulsory unitization - Risk compensation if ownership interest is derived from a lease or other contract for development

Current through Register Vol. 51, page 10, July 15, 2024
If the nonparticipating owner's interest in the unit is derived from a
	 lease or other contract for development, the risk compensation is two hundred
	 percent of the nonparticipating owner's share of the reasonable actual unit
	 expenses and may be recovered only out of production from the unit, exclusive
	 of a one-eighth royalty.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-37 to
		45-9-52,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:10 - Risk compensation in compulsory pooling and unitization orders › Section 74:12:10:06 - Compulsory unitization - Risk compensation if ownership interest is not subject to a lease or other contract for development

Current through Register Vol. 51, page 10, July 15, 2024
If the nonparticipating owner's interest in the unit is not subject to
	 a lease or other contract for development, the risk compensation is one hundred
	 percent of the nonparticipating owner's share of the reasonable actual unit
	 expenses and may be recovered only out of production from the unit, exclusive
	 of a one-eighth royalty.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-37 to
		45-9-52,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:15 - Litter disposal and control › Chapter 74:15:01 - Beverage container disposal › Section 74:15:01:01 - Standards

Current through Register Vol. 51, page 10, July 15, 2024
Standards for beverage containers are as follows:
(1) "Biodegradable," a beverage container
  which breaks down into its basic compounds within one year when left
  outside;
(2) "Reusable," a beverage
  container as follows:
(a) Which is designed to
  be filled with beverages more than once; or
(b) For which a bounty, reward, or deposit is
  offered or required;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:01 - Board of certification › Section 74:21:01:02 - Board's rules, orders, decisions, and opinions kept in secretary's office - Available to public

Current through Register Vol. 51, page 10, July 15, 2024
A copy of all rules, final orders, decisions, and opinions shall be on
	 file in the office of the secretary of the board of certification and may be
	 examined by any person upon oral or written request during the regular office
	 hours maintained by the secretary.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		1-27-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:01 - Board of certification › Section 74:21:01:03 - Files to remain in secretary's office - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
The files and records of the board of certification may be removed only
	 pursuant to a court order or while such records are in custody of the board,
	 secretary of the board, or the person who has been authorized by the board of
	 certification to remove the document or file.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		1-27-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:01 - Board of certification › Section 74:21:01:04 - Declaratory rulings

Current through Register Vol. 51, page 10, July 15, 2024
A person may, by filing a petition, request the board to issue a
	 decision on the applicability of any statutory provision, rule, or order
	 pertaining to certification matters. The petition will be considered by the
	 board at its regular meeting and in the order in which the petitions are
	 submitted.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:35 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms as used in this chapter mean:
(1) "Population equivalent," for a water
  treatment plant or water distribution system, the equivalent of the number of
  persons who would normally require the same amount of water. It is computed by
  dividing the average annual daily production of a system, in gallons, by
  100;
(2) "Population equivalent,"
  for a wastewater treatment plant or collection system, the calculated
  population which would normally contribute the same amount of biochemical
  oxygen demand (BOD) per day. It is computed on the basis of 0.17 pounds of
  5-day, 20 degrees centigrade, BOD per capita per day;
(3) "Direct responsible charge," in smaller
  facilities where shift operation is not required, the person who is responsible
  and in active charge of the water treatment or wastewater treatment plant's or
  system's performance and operation. In larger facilities where shift operation
  is required, "direct responsible charge" means both active daily on-site
  technical direction and supervision and active daily on-site charge of an
  operating shift or a major segment of a system or facility. In facilities where
  shift operation is required, "direct responsible charge" is that person
  designated by the entity or municipality to serve as a supervisor for one
  on-site shift operation of a system or facility;
(4) "Operator," a person who is in direct
  responsible charge of the operation of a water treatment plant or wastewater
  treatment plant or the person who is in direct responsible charge of the
  operation of a water distribution system or a wastewater collection
  system;
(5) "Available," based on
  system size, complexity, and source water quality, a certified operator must be
  on site or able to be contacted as needed to initiate the appropriate action in
  a timely manner;
(6) "Operating
  Shift," the period of time during which necessary operator decisions are made
  that affect public health for proper operation of the system.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-24.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:36 - Classification of operators for certification purposes

Current through Register Vol. 51, page 10, July 15, 2024
There are four classifications of operators for each operational
	 category set out in §
									74:21:02:38. These classifications
	 correspond to the plant or system classification in §
									74:21:02:39. The secretary shall
	 certify operators to one or more particular classifications in one or more
	 operational categories. Operator certification to a certain class of an
	 operational category entitles a person to operate a plant or system with the
	 same or a lower corresponding classification.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:37 - Restricted certificates due to plant or system reclassifications

Current through Register Vol. 51, page 10, July 15, 2024
Within one year after a classification upgrading unrelated to a system
	 or plant modification, the owner of a plant or system may request that its
	 operator be granted a restricted certificate if the operator of the plant or
	 system was certified so that the plant or system was in compliance with SDCL
	 34A-3 prior to its reclassification.
In considering the request, the secretary shall review the
	 following:
(1) The magnitude of the
  change;
(2) The operator's
  training;
(3) The operator's past
  performance; and
(4) The
  recommendation of the board.
The secretary may grant or deny the request and shall notify the owner
	 of the decision and the reasons therefor within 45 days. A restricted
	 certificate granted pursuant to this section is valid only for the specified
	 operator at the specified plant or system.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:38 - Operational categories of plants and systems

Current through Register Vol. 51, page 10, July 15, 2024
Plants and systems are divided into four operational categories. The
	 four categories are as follows:
(1)
  Wastewater collection system;
(2)
  Wastewater treatment plant;
(3)
  Water distribution system; and
(4)
  Water treatment plant.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:39 - Classes of plants and systems

Current through Register Vol. 51, page 10, July 15, 2024
Each operational category shall be classified in one of four classes
	 designated as Class I, II, III, or IV according to complexity of operation.
	 Class IV is the highest. Classification of collection and distribution systems
	 shall be based upon population served. Classification of treatment plants and
	 systems shall be based upon a point system in accordance with §§
									74:21:02:60 and
	 74:21:02:61.
General Authority:
SDCL
		34A-3-23.
Law Implemented:
SDCL
		34A-3-2.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:40 - Application for examination

Current through Register Vol. 51, page 10, July 15, 2024
An individual desiring to take an examination shall file an
	 application with the board's secretary on an application form provided by the
	 board's secretary. The examination application must be accompanied by the
	 required examination fee as specified in §
									74:21:02:50 for the operator
	 classification for which application is made. The examination application must
	 be received by the board's secretary at least two weeks before the examination
	 date. An individual must be able to meet the Class I, II, III, or IV education
	 and experience qualifications within one year to take such examination. The
	 following information must be provided on the examination application
	 form:
(1) The applicant's name and
  address;
(2) The grade of
  certification for which application is made;
(3) Education and training that the applicant
  received from schools and training courses;
(4) The length of experience, a description
  of work, and references which pertain to the applicant's
  qualifications;
(5) The type of
  plant or system the applicant is operating; and
(6) Any other information which the board's
  secretary considers necessary to determine eligibility of the applicant for
  certification.Examinations given to operators by the secretary shall be based
  on the water and wastewater characteristics, treatment processes, and treatment
  plant operation relating to the classification of the plant or system that they
  intend to operate.
General Authority:
SDCL
		34A-3-23,
		34A-3-24.
Law Implemented:
SDCL
		34A-3-2,
		34A-3-3,
		34A-3-14.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:41 - Eligibility of applicant

Current through Register Vol. 51, page 10, July 15, 2024
The following procedures apply to the determination of eligibility of
	 the applicant for certification:
(1)
  The board's secretary shall assemble all information needed by the
  board;
(2) The board or its
  designated representative shall, under the direction of the secretary, review
  the application and supporting documents to determine the eligibility of the
  applicant; and
(3) Certification is
  available to plant or system operators who are not in direct charge but are
  responsible for assisting in the operation of water and wastewater systems if
  the applicants can meet the qualifications for certification.
General Authority:
SDCL 36-22A-23
Law Implemented:
SDCL
		36-22A-13.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:21 - Water system operators › Chapter 74:21:02 - Certification of water and wastewater operators › Section 74:21:02:43 - Qualifications for Class I certification

Current through Register Vol. 51, page 10, July 15, 2024
All applicants for a Class I plant or system operator's certificate in
	 any operational category must meet the following qualifications of education
	 and experience:
(1) Completion of high
  school or the equivalent;
(2) One
  year of experience, without substitution, in a Class I or higher facility;
  and
(3) Passing of the appropriate
  Class I examination.
General Authority:
SDCL
		34A-3-24.
Law Implemented:
SDCL
		34A-3-3,
		34A-3-4.