reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:13 - Well construction requirements - Injection wells

Current through Register Vol. 51, page 10, July 15, 2024
The following construction requirements apply to injection wells and
	 are in addition to the requirements listed in §
									74:29:11:12:
(1) Appropriate logs and other tests shall be
  maintained and conducted during the drilling and construction of new injection
  wells. A descriptive report prepared by a knowledgeable log analyst
  interpreting the results of such logs and tests shall be submitted to the
  department. The logs and tests appropriate to each type of injection well shall
  be determined based on the intended function, depth, construction, and other
  characteristics of the well, availability of similar data in the area of the
  drilling site, and the need for additional information that may arise from time
  to time as the construction of the well progresses. Logs and tests shall
  include deviation checks on all holes to ensure that vertical avenues for fluid
  migration in the form of diverging holes are not created during
  drilling;
(2) All injection wells
  shall be constructed to prevent the migration of fluids to unauthorized zones.
  The casing and annular sealing material used in the construction of each newly
  drilled well shall be designed for the life expectancy of the well. In
  determining and specifying casing and annular sealing requirements, the
  following factors shall be considered:
(a)
  Depth to the deepest injection zone;
(b) Injection pressure, external pressure,
  internal pressure, axial loading, and related information;
(c) Hole size;
(d) Size and grade of all casing strings
  including well thickness, diameter, nominal weight, length, joint
  specification, and construction material;
(e) Corrosiveness of injected fluids and
  formation fluids;
(f) Lithology of
  injection zone and confining zone; and
(g) Type and grade of cement used to seal the
  annular space between the outer casing and the borehole.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:14 - Minimum requirements for monitor wells

Current through Register Vol. 51, page 10, July 15, 2024
In determining the number, location, construction and frequency of
	 sampling of monitor wells, the following shall be considered:
(1) Whether or not any person is relying on
  the underground source of drinking water affected or potentially affected by
  the injection operation;
(2) The
  proximity of the injection operation to points of withdrawal of drinking
  water;
(3) The local geology and
  hydrology;
(4) The operating
  pressures and whether a negative pressure gradient is being
  maintained;
(5) The toxicity and
  volume of the injected fluid, the formation water, and the process by-products;
  and
(6) The density of the
  injection wells.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:15 - Disposal of drill cuttings

Current through Register Vol. 51, page 10, July 15, 2024
The operator may dispose and bury drill cuttings in a pit at the well
	 site, such as the mud pit used to circulate drilling fluids once the drilling
	 operation has been completed, if the following requirements are met:
(1) The drill cuttings are generated from the
  well at the well site;
(2) The
  drill cuttings are not contaminated with brines, oil, production fluids, or
  drilling fluids other than tophole water or fresh water;
(3) The pit is backfilled with topsoil
  replaced, and the site is graded to promote runoff with no depression that
  would accumulate or pond water on the surface. The stability of the backfilled
  pit shall be compatible with the adjacent land;
(4) The surface of the backfilled pit area is
  revegetated in accordance with the approved reclamation plan to stabilize the
  soil surface; and
(5) For wells
  into uranium ore deposits, the surface of the backfilled drill cutting pit will
  not exceed the following limits:
(a) The
  concentration of radium-226 or radium-228 in soil may not exceed the background
  level by more than 5 picocuries per gram (pCi/g) or 0.185 becquerels per gram
  (Bq/g), averaged over the first 15 centimeters (cm) of soil below the surface;
  and
(b) The concentration of
  natural uranium in soil, with no radioactive decay products present may not
  exceed the background level by more than 30 pCi/g or 1.11 Bq/g, averaged over
  the top 15 cm of soil below the surface; and 150 pCi/g or 5.55 Bq/g, average
  concentration at depths greater than 15 cm below the surface, so that no
  individual member of the public will receive an effective dose equivalent in
  excess of 0.1 rem per year or 1 millisievert (mSv) per year.
The department may allow the operator to use alternative drill cutting
	 disposal methods. For wells into uranium deposits, alternative disposal methods
	 may include the segregation and separate disposal of cuttings from the ore
	 zone.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:16 - Mechanical integrity testing of injection wells

Current through Register Vol. 51, page 10, July 15, 2024
Before putting a new injection well into service, it must be subjected
	 to mechanical integrity testing. A schedule and methods for mechanical
	 integrity testing shall be included in the permit, and constitute conditions of
	 the permit. The schedule and methods shall meet the following
	 requirements:
(1) One of the following
  methods must be used to evaluate the absence of significant leaks in the
  casing, tubing or packer:
(a) Following an
  initial pressure test, monitoring of the tubing-casing annulus pressure with
  sufficient frequency to be representative, as determined by the department,
  while maintaining an annulus pressure different from atmospheric pressure
  measured at the surface;
(b)
  Pressure test with liquid or gas; or
(c) An alternative test to demonstrate
  mechanical integrity other than those listed in this subdivision if it is
  specified in the permit or is approved by the department through a technical
  revision;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:17 - Supervision of well construction and testing

Current through Register Vol. 51, page 10, July 15, 2024
All phases of well construction and testing shall be done under the
	 supervision of a driller licensed pursuant to SDCL
	 46-6-9.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:18 - Requirements for plugging drill holes and repair, conversion, and plugging wells

Current through Register Vol. 51, page 10, July 15, 2024
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 department 45 days before a well within a production area is
  converted to other uses than injection;
(4) The operator shall notify the department
  10 days before plugging a well so the department 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 department 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 well ring around each wellfield shall be recorded as a
  deed notice with the appropriate county;
(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 department. 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;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:19 - Corrective actions for improperly sealed wells

Current through Register Vol. 51, page 10, July 15, 2024
Corrective actions shall be done on wells that are improperly sealed,
	 completed, or abandoned. The operator shall submit a corrective action plan,
	 for department 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 department 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.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:20 - Authorizing new injection wells within permit area boundary

Current through Register Vol. 51, page 10, July 15, 2024
The board, through permit conditions, may authorize the department to
	 approve proposed technical revisions, in accordance with §§
									74:29:03:16 and
	 74:29:11:08, to allow the operator
	 to construct and operate new injection wells within the permit area if the
	 following requirements are met:
(1)
  The wells are of similar construction; and
(2) The cumulative effect of drilling and
  operation of additional injection wells is considered by the department during
  evaluation of the technical revision application and is acceptable to the
  department.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:21 - Design and construction of in situ leach mine surface facilities

Current through Register Vol. 51, page 10, July 15, 2024
The permit application must provide conceptual plans and specifications
	 for the in situ leach mine surface facilities. Before construction the operator
	 shall submit plans and specifications for in situ leach mine facilities to the
	 department in accordance with chapter 74:53:04. The plans and specifications
	 must be certified by a registered professional engineer licensed to practice in
	 the State of South Dakota and submitted to the department for review and
	 approval. Plans and specifications are required for all surface facilities and
	 impoundments that contain substances that could impact human health or degrade
	 the environment if spilled, discharged, or released. The plans and
	 specifications are required for the following:
(1) Process or recovery plants and satellite
  facilities;
(2) Ponds and
  impoundments;
(3)
  Pipelines;
(4) Well houses or
  transfer stations;
(5) Fuel storage
  areas; and
(6) Byproduct disposal
  areas.
In situ leach mine surface facilities shall conform to the
	 considerations in §
										74:29:07:02 to minimize adverse
	 impacts to the environment, ground water, and surface water and conform to
	 surrounding land uses.
Facilities shall be designed and operated so that all airborne
	 emissions are as low as is reasonably achievable. The primary means of
	 accomplishing this shall be by means of emission controls. During operations
	 and reclamation, radiation from radon emissions or yellowcake, or other
	 radioactive dust from process areas and surface impoundments of byproduct
	 materials, shall be kept as low as is reasonably achievable.
General Authority:
SDCL
		34-21-15,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:22 - Construction quality assurance plan

Current through Register Vol. 51, page 10, July 15, 2024
Before construction of mine facilities, the operator shall develop a
	 construction quality assurance plan that addresses all aspects of facility
	 construction. The plan shall include the following:
(1) A description of the responsibilities and
  authorities of key personnel;
(2) A
  description of the required level of experience, training, and duties of the
  contractor, the contractor's employees, and the quality assurance
  inspectors;
(3) A description of
  the testing protocols for every major phase of construction, including the
  frequencies of inspections, field testing, and sampling for laboratory
  testing;
(4) The sampling and field
  testing procedures and the equipment to be used;
(5) The calibration of field testing
  equipment;
(6) The laboratory
  procedures to be used; and
(7)
  Documentation to be maintained.
The operator shall submit the construction quality assurance plan at
	 the same time the plans and specifications required in §
										74:29:11:21 are
	 submitted.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:23 - Pond and surface impoundment design and construction requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following design and construction requirements apply to ponds and
	 surface impoundments:
(1) General
  design and construction requirements include:
(a) A geotechnical and stability analysis
  shall be performed to determine the suitability of the site and materials for
  construction;
(b) A minimum of
  three feet of freeboard;
(c)
  Maximum side slopes of 3 horizontal to 1 vertical;
(d) A minimum bottom slope of 2
  percent;
(e) Provisions for
  migratory bird and wildlife protection; and
(f) A minimum capacity of normal operating
  levels plus storage for a 100-year, 24-hour storm event;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:24 - Pipeline design and construction requirements

Current through Register Vol. 51, page 10, July 15, 2024
Pipeline systems must be constructed of materials that have the
	 strength, thickness, and chemical properties needed to prevent failure due to
	 pressure gradients, physical contact with the waste or fluids to which the
	 pipes are exposed, climatic conditions, stress of installation, seismic, and
	 stress of daily operation.
Design and construction requirements for well field pipelines and
	 pipelines between the wellfield and processing and satellite facilities shall
	 include an early detection and shut down capability in the event of pressure
	 drop or loss of flow as approved by the department. This may include automatic
	 motor operated valves with pressure transmitters and manually operated valves,
	 or devices approved by the department.
Alternative pipeline designs may be approved if they provide an
	 equivalent degree of protection to surface and ground water.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:25 - Recovery plant and satellite facility design and construction requirements

Current through Register Vol. 51, page 10, July 15, 2024
In situ leach mine recovery plants and satellite facilities shall be
	 designed and constructed to prevent exposure to the public from radiological
	 and chemical hazards. Recovery plant, satellite facility, and well houses shall
	 be designed to contain process solutions, including recovery fluid, or other
	 fluids that pose a chemical hazard. Facilities shall incorporate sumps, curbs,
	 berms, or other structures to collect and recover spills, and shall have
	 monitoring devices or controls for the detection of spills or overflows.
For in situ uranium mining operations, recovery plants, satellite
	 facilities and well houses shall have monitoring and ventilation systems
	 designed to detect and control radon gas buildup in buildings. Recovery plants
	 shall also have monitoring and ventilation systems designed to detect and
	 control releases of yellowcake or other radioactive dust from drying and
	 storage operations.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:26 - Uranium byproduct material handling and disposal systems

Current through Register Vol. 51, page 10, July 15, 2024
Radioactive solids shall be disposed of in accordance with U.S. Nuclear
	 Regulatory Commission Source Material License requirements.
General Authority:
SDCL
		34-21-15,
		45-6B-81.
Law Implemented:
SDCL
		45-6B-38,
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:27 - Disposal of liquid waste

Current through Register Vol. 51, page 10, July 15, 2024
All liquid waste streams shall be:
(1) Collected and retained in lined
  evaporation ponds or impoundments constructed in accordance with §
									74:29:11:23;
(2) Disposed of in a permitted Class V deep
  disposal well under a federal underground injection control program
  permit;
(3) Land applied under a
  ground water discharge permit and solid waste permit in accordance with
  chapters 74:54:01 and 74:54:02 and article 74:27; or
(4) Treated if necessary and discharged under
  a surface water discharge permit in accordance with chapter 74:52:01.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:28 - Disposal of nonradioactive solid waste

Current through Register Vol. 51, page 10, July 15, 2024
All nonradioactive solid waste shall be disposed of off-site at a
	 permitted solid waste facility or may be disposed of on-site if disposal occurs
	 in a solid waste facility permitted according to the South Dakota solid waste
	 rules in article 74:27. In addition, the demolition and disposal of any
	 structure shall comply with the asbestos requirements in §
									74:36:08:02.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-38.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:29 - Prohibitions - Injection volumes and pressure

Current through Register Vol. 51, page 10, July 15, 2024
The permit shall include maximum injection volume and pressure limits
	 that may not be exceeded to ensure that fractures are not initiated or
	 propagated in the confining zone or zones, injected fluids do not migrate into
	 any unauthorized zone or underground source of drinking water, and formation
	 fluids are not displaced into any unauthorized zone or underground source of
	 drinking water. At a minimum, operating requirements shall specify, except
	 during well stimulation, that injection pressure at the wellhead be calculated
	 to ensure that the pressure in the production zone during injection does not
	 initiate new fractures or propagate existing fractures. In no case may
	 injection pressure initiate fractures in the confining zone or zones, if
	 confinement is present, or cause the migration of injection of formation fluids
	 into an unauthorized zone or underground source of drinking water. Injection
	 between the outermost casing protecting unauthorized zones and the well bore is
	 prohibited.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:30 - Production area operational monitoring requirements

Current through Register Vol. 51, page 10, July 15, 2024
The monitoring plan included in the permit shall describe the
	 procedures for operational monitoring of the quantity and quality of mining
	 solution and ground water in the production area and shall, at a minimum,
	 include provisions for:
(1) The
  analysis of the physical and chemical characteristics of the injected fluid,
  with sufficient frequency, and at least monthly, to yield representative data.
  Manifold monitoring may be used in cases of facilities consisting of more than
  one injection well operating with a common manifold. Separate monitoring
  systems for each well are not required provided the operator demonstrates to
  the department that manifold monitoring is comparable to individual well
  monitoring;
(2) Monitoring
  injection pressure and either flow rate or volume twice a month, or metering
  and recording daily injected and produced fluid volumes;
(3) Monitoring the fluid level in the
  injection zone twice a month;
(4)
  Monitoring ground water quality, including the control parameters, and fluid
  levels in monitoring wells completed above and below the production zone a
  minimum of every month; and
(5) A
  minimum of quarterly monitoring of department specified wells within
  one-quarter mile of the production site to detect migration of recovery fluids
  from the production zone.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:31 - Production area monitor well location and spacing requirements

Current through Register Vol. 51, page 10, July 15, 2024
Production area monitor wells may be located no more than 400 feet from
	 the production area and with spacing no greater than 400 feet between monitor
	 wells. Alternative monitor well locations and spacing may be considered if the
	 operator can demonstrate that the proposed location or spacing will adequately
	 provide monitoring coverage to detect excursions in a timely manner. The
	 department may require closer well spacing in the down gradient ground water
	 flow direction from the production zone.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:32 - Nonproduction zone monitoring

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, nonproduction zone monitor wells shall be completed in
	 any aquifer potentially affected by injection into the production zone. These
	 monitor wells shall be located within the production area and up to 200 feet
	 outside of the production area, with the majority of these wells located in the
	 down gradient direction of ground water flow in the aquifer in which the wells
	 are completed.
For the first overlying aquifer above the production zone, a minimum of
	 one well for every one acre of production area shall be completed. For each
	 additional overlying aquifer, a minimum of one well for every three acres of
	 production area shall be completed. For each underlying aquifer potentially
	 affected by injection, the operator shall propose a monitor well spacing plan
	 subject to approval by the department.
Alternative nonproduction zone monitor well locations and spacing may
	 be considered if the operator demonstrates that the proposed location or
	 spacing will adequately provide monitoring coverage.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:33 - Subsidence monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Subsidence shall be controlled to the extent that the values and uses
	 of the surface land resources and aquifers will not be degraded. If the
	 injection wells penetrate an aquifer in an area subject to subsidence or
	 catastrophic collapse, an adequate number of monitor wells shall be completed
	 into that aquifer to detect any movement of injected fluids.
The monitor wells shall be located outside the physical influence of
	 the subsidence or collapse.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-42.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:34 - Confinement of recovery fluid

Current through Register Vol. 51, page 10, July 15, 2024
Recovery fluid shall be restricted to those production zones that have
	 been classified by the board as an exempted aquifer within the area of
	 production zone monitor wells. If recovery fluids migrate outside the
	 production zone or into aquifers above or below the production zone, the
	 operator shall report, monitor, and remediate the excursion in accordance with
	 §§
									74:29:11:35 to
	 74:29:11:40, inclusive. Recovery
	 fluids are assumed to be present in an unauthorized zone if a verifying
	 analysis confirms that a control parameter in a monitor well is detected at a
	 concentration equal to or greater than the upper limit value.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:35 - Reporting excursions

Current through Register Vol. 51, page 10, July 15, 2024
The operator shall verbally report any suspected excursion to the
	 department within 24 hours of detection and initiate actions required by §
									74:29:11:36. The operator shall
	 provide monitoring data or other information that indicates any contaminant may
	 cause adverse impacts to an unauthorized zone or underground source of drinking
	 water. The operator shall report any noncompliance with a permit or malfunction
	 of the injection system that may cause fluid migration into or between
	 unauthorized zones.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:36 - Verifying analysis

Current through Register Vol. 51, page 10, July 15, 2024
If a routine sample analysis indicates the presence of a control
	 parameter exceeding its upper limit value in a monitoring well, the operator
	 shall complete a verifying analysis of samples taken from the affected well and
	 the monitoring wells adjacent to the affected well. The operator shall take the
	 verifying analysis within two working days after being notified by the
	 laboratory of monitoring results. If the results from the first and second
	 sampling event both indicate an excursion has occurred, then an excursion is
	 considered verified for the purpose of initiating remedial action in accordance
	 with §
									74:29:11:38.
If the results from the first and second sampling events provide
	 conflicting information about whether or not an excursion has occurred, then a
	 third sampling event must be conducted within 24 hours of the receipt of the
	 results from the second sampling event. However, if the results of the
	 confirmatory sampling are not complete within seven days of the initial
	 sampling event that indicated an excursion might be present, the excursion will
	 be considered verified.
All sample analyses results for excursion events shall be submitted to
	 the department within two business days after the operator receives them from
	 the laboratory.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:37 - Excursion sampling frequency

Current through Register Vol. 51, page 10, July 15, 2024
Throughout the time when any control parameter is present in a monitor
	 well, a water sample shall be taken at least two times a week from the well.
	 The samples must be analyzed for all control parameters within one week after
	 the sample is taken.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:38 - Remedial action for excursion

Current through Register Vol. 51, page 10, July 15, 2024
If the verifying analysis indicates that an excursion has occurred, the
	 operator shall submit to the department 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 department. One
  or more parameters may be excluded, if the department 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 department, 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 department, the operator shall use any method
	 the operator judges necessary and prudent to define the extent of the excursion
	 and to clean up recovery fluids in an expeditious manner.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:39 - Excursions - Controlled

Current through Register Vol. 51, page 10, July 15, 2024
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 department, 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 §
									74:29:11:38.
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 department 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.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:40 - Excursions - Not controlled

Current through Register Vol. 51, page 10, July 15, 2024
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 department, unless the department 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 department 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.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:41 - Criteria for determination of adequacy of remedial action plan

Current through Register Vol. 51, page 10, July 15, 2024
In determining the adequacy of the remedial action plan required in
	 §
									74:29:11:38 proposed by the
	 operator and in determining the additional steps needed to prevent an excursion
	 into unauthorized zones or underground sources of drinking water, the following
	 criteria and factors shall be considered by the department:
(1) Toxicity and volume of the injected
  fluid;
(2) Toxicity of formation
  fluids or by-products of injection;
(3) Whether or not any person is potentially
  affected by the injection;
(4)
  Geohydrology;
(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 with
  underground sources of drinking water.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:42 - Reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
The operator's reporting requirements are as follows:
(1) A qualitative analysis and ranges in
  concentrations of all constituents of injected fluids at least once within the
  first year of authorization and thereafter whenever the mining solution is
  modified to the extent that the initial data are incorrect or incomplete. The
  operator may request that any proprietary information be considered
  confidential in accordance with SDCL
  45-6B-19;
(2) All chemical analyses submitted to the
  department in accordance with the permit shall include the requirements of
  subdivision 74:29:11:03(8)(c);
(3)
  Quarterly monitoring reports shall include, at a minimum:
(a) The results of any periodic tests
  required by the permit or a remedial action plan that are performed during the
  reported quarter;
(b) The results
  of all mechanical integrity testing conducted during the reported quarter,
  including the following information identified by injection well;
(i) Date of mechanical integrity
  testing;
(ii) Identification of the
  method by which mechanical integrity was established; and
(iii) Verification of whether mechanical
  integrity was established for a well, to include the identification of any well
  that failed mechanical integrity testing and a description of the method of
  plugging or repair;
(c)
  The status of corrective action on defective wells, required in accordance with
  §
										74:29:11:19; and
(d) The results of well repair and plugging
  required in accordance with §
										74:29:11:18, including a statement
  that the wells were plugged in accordance with the permit, or documentation
  that prior approval was obtained from the department if plugging procedures
  differed from the procedures approved in the permit. This documentation shall
  be included in the report and contain a description of the procedures used
  specifying the differences between the approved method and the alternate
  method. To ensure the well is plugged and there has been no bridging of the
  sealing material, the operator shall provide the department with documentation
  that the volume of material placed in the well at least equals the volume of
  the empty hole;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:43 - Well construction records

Current through Register Vol. 51, page 10, July 15, 2024
For all wells constructed at an in situ leach operation, well drillers
	 shall prepare and file well construction records as required by §
									74:02:04:65. The well construction
	 records shall be submitted to the department within one year of well
	 completion.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:44 - Well plugging records

Current through Register Vol. 51, page 10, July 15, 2024
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 department 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 department within one year
	 after the abandonment of any well.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:45 - Maintenance and retention of records

Current through Register Vol. 51, page 10, July 15, 2024
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 department 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 department at any time. The department may require the operator
	 to deliver the records to the department at the conclusion of the retention
	 period.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-36,
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:46 - Ground water restoration requirements

Current through Register Vol. 51, page 10, July 15, 2024
When the mining of a production area is completed, the operator shall
	 notify the department and immediately proceed to reestablish ground water
	 quality in the affected production area to levels consistent with the values
	 listed in the restoration table contained in the permit.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:47 - Restoration sampling procedure

Current through Register Vol. 51, page 10, July 15, 2024
After notifying the department that mining in a production area is
	 complete and that ground water restoration has begun, the operator shall sample
	 and complete an analysis of designated baseline wells agreed upon by the
	 department and the operator in the mine production area for all restoration
	 values listed in the permit restoration table on a monthly basis. If this
	 analysis indicates that approved restoration values have been achieved, the
	 operator shall file with the department a written report of the results. After
	 filing the report, restoration sampling shall be conducted at bimonthly
	 intervals.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:48 - Restoration progress reports

Current through Register Vol. 51, page 10, July 15, 2024
Beginning six months after the indicated date for initiation of
	 restoration of a production area, the operator shall provide semiannual
	 progress reports to the department until restoration is accomplished for the
	 particular area.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:49 - Final restoration - Restoration values achieved

Current through Register Vol. 51, page 10, July 15, 2024
The operator shall notify the department if the results of six
	 consecutive bimonthly sample sets show that ground water quality in the
	 production zone has met the restoration values on the restoration table and
	 that the restoration values indicate stable trends. After acknowledgement in
	 writing by the department confirming ground water restoration, the operator may
	 request, through a technical revision, that the department modify the site
	 water quality monitoring plan, which may include a reduction in sampling
	 frequency, parameters to be measured, and the number of wells to be sampled in
	 the restored production zone.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:50 - Restoration values not achieved

Current through Register Vol. 51, page 10, July 15, 2024
If the restoration values established in the restoration table of the
	 mine permit are not met after application of best practicable technology, the
	 operator may submit an amendment in accordance with SDCL
	 45-6B-18 and chapter 74:29:03 to
	 establish alternative restoration values.
To provide justification for alternative values, the amendment shall
	 include all available water quality data for the restoration unit in question,
	 a narrative discussing the restoration techniques used including a
	 demonstration that best practicable technology was applied, and the rationale
	 for altering the restoration parameters.
In determining whether the restoration table should be altered for a
	 particular restoration zone, the department shall consider the
	 following:
(1) Uses for which the
  ground water was suitable at baseline quality levels;
(2) Actual existing use of the ground water
  in the area before and during mining;
(3) Potential for future use of the ground
  water at baseline quality and at proposed restoration parameters;
(4) The effort made by the operator to
  restore the ground water to the restoration parameters;
(5) The availability of existing technology
  to restore the ground water to the restoration parameters; and
(6) The potential harmful effects of levels
  of particular parameters.
The alternative restoration values shall conform to the requirements of
	 §
										74:29:11:06.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.