reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:07 - Adjustment of amount of financial assurance

Current through Register Vol. 51, page 10, July 15, 2024
The dollar amount of financial assurance filed with the board shall be
	 reviewed at least once every five years. During the review, the board may
	 adjust the amount for inflation based on the United States consumers price
	 index for rural areas. In addition, the owner or operator may request that the
	 amount of financial assurance be adjusted based on factors occurring since the
	 posting of the existing financial assurance. The owner or operator shall
	 describe the basis for the adjustment request and shall follow the procedure
	 described in §
									74:07:01:04. The department shall
	 make a recommendation to the board concerning the proposed adjustment or may
	 propose an adjustment in accordance with applicable provisions of §
									74:07:01:03. Notice of the board
	 review shall be provided to the owner or operator in accordance with applicable
	 provisions of SDCL chapter 1-26.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.2,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:08 - Phased financial assurance schedule

Current through Register Vol. 51, page 10, July 15, 2024
The dollar amount of financial assurance required at any one time may
	 be phased by the owner or operator according to a schedule based on project
	 development and approved by the board. The schedule shall be attached to and
	 become a condition of the permit upon board approval.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.2,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:09 - Financial assurance held after cancellation or expiration of permit

Current through Register Vol. 51, page 10, July 15, 2024
Financial assurance may be held following cancellation or expiration of
	 a permit for one or more of the following reasons as determined by the
	 board:
(1) A written request for
  release of the financial assurance has not been received from the owner or
  operator as required under §
									74:07:01:10;
(2) The owner or operator has not completed
  all postclosure, corrective, or site closure activities in accordance with the
  approved permit;
(3) The owner or
  operator has an unresolved enforcement action or penalty judgment involving an
  impact covered by the financial assurance; or
(4) The permitted activity or consequences of
  such activity continues to pose a significant risk of pollution, contamination,
  or degradation of the environment based on:
(a) Findings of an on-site inspection of the
  permitted activity by the department; or
(b) Information available to the department
  through monitoring or other reporting requirements included in the permit or
  permit conditions.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:10 - Release of financial assurance

Current through Register Vol. 51, page 10, July 15, 2024
The board may release the financial assurance or a portion of the
	 financial assurance if the board or department:
(1) Receives a written request for release of
  the financial assurance or a portion thereof from the owner or operator. The
  written request shall include certification that all postclosure, corrective,
  or site closure activities have been completed in accordance with the approved
  permit;
(2) Has inspected the
  permitted activity to confirm satisfactory completion of all postclosure,
  corrective, or site closure activities; and
(3) Has determined that the permitted
  activity's potential to cause an impact has been removed.
After the board has released the financial assurance, the board or
	 department shall notify the owner or operator in writing.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.3,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:11 - Release of financial assurance upon ownership change

Current through Register Vol. 51, page 10, July 15, 2024
Upon a change of permit ownership, the board shall release the existing
	 financial assurance if:
(1) The owner
  or operator who posted the financial assurance makes a written request for
  release of the existing financial assurance and is in compliance with all
  provisions of the permit or permit conditions; and
(2) The successor owner or operator is in
  compliance with federal, state, and local laws or regulations within or outside
  of the state of South Dakota, assumes all liability for the permitted activity,
  posts financial assurance in a form approved by the board, and complies with
  provisions of this chapter and SDCL
  34A-10-2.1 to
  34A-10-2.4, inclusive.
Release of the existing financial assurance may not occur until the
	 financial assurance posted by the successor owner or operator is in effect and
	 on file with the department. After the board has released the financial
	 assurance, the board or department shall notify the former owner or operator in
	 writing.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.3,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:12 - Substitution of financial assurance

Current through Register Vol. 51, page 10, July 15, 2024
If an owner or operator requests substitution of one type of financial
	 assurance for another, the owner or operator shall submit to the board a
	 proposal for alternate financial assurance that meets the requirements of this
	 chapter. The alternate financial assurance must be as secure or more secure
	 than the existing financial assurance as determined by the board. Upon approval
	 and receipt of the alternate financial assurance by the board, the board shall
	 release the existing financial assurance and the board or department shall
	 notify the owner or operator in writing.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.2,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:13 - Management of approved financial assurance - Board hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board shall conduct a hearing, which may be held by telephone
	 conference call, for purposes of holding, releasing, substituting, or requiring
	 reimbursement of financial assurance. The hearing shall be held in accordance
	 with applicable provisions of SDCL chapter 1-26.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.2,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:07 - Environmental financial assurance › Chapter 74:07:01 - Water Management Board requirements for environmental financial assurance › Section 74:07:01:14 - Procedure to disburse financial assurance funds

Current through Register Vol. 51, page 10, July 15, 2024
The board shall conduct a hearing, which may be held by telephone
	 conference call, to authorize disbursement of financial assurance funds to
	 cleanup an impact or mitigate a pending impact. Notice of the hearing shall be
	 given to the owner or operator if the owner or operator can be located after a
	 reasonable attempt by the department. The board shall conduct the hearing in
	 accordance with applicable provisions of SDCL chapter 1-26. The board may
	 require the owner or operator to replace any expended financial assurance
	 funds.
General Authority:
SDCL
		34A-10-2.4.
Law Implemented:
SDCL
		34A-10-2.1,
		34A-10-2.3,
		34A-10-2.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:08 - Administrative fees › Chapter 74:08:01 - Fees for records reproduction › Section 74:08:01:01 - Fees for photocopies

Current through Register Vol. 51, page 10, July 15, 2024
The fee for photocopies of public records requested from the Department
	 of Environment and Natural Resources under SDCL chapter 1-27 or SDCL
	 1-26-2 is the fee imposed under the
	 rules promulgated by the Bureau of Administration in chapter
	 10:01:01.
General Authority:
SDCL
		1-40-31.
Law Implemented:
SDCL
		1-40-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:08 - Administrative fees › Chapter 74:08:01 - Fees for records reproduction › Section 74:08:01:03 - Waiver of fee for media

Current through Register Vol. 51, page 10, July 15, 2024
The department shall waive the fee established in §
									74:08:01:01 for the first 100
	 pages of photocopies of public records requested by a representative of the
	 press or communications media.
General Authority:
SDCL
		1-40-31.
Law Implemented:
SDCL
		1-40-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:08 - Administrative fees › Chapter 74:08:01 - Fees for records reproduction › Section 74:08:01:04 - Waiver of fee for public interest groups

Current through Register Vol. 51, page 10, July 15, 2024
The department shall waive the fee established in §
									74:08:01:01 for the first 250
	 pages of photocopies of public records requested by a representative of a
	 public interest group organized as a nonprofit corporation under SDCL chapter
	 47-22 for the purpose of promoting the public interest. The department shall
	 waive the fee for an additional 250 pages of photocopies requested by a
	 representative of a public interest group for each contested case before the
	 department or its boards in which the group is participating.
General Authority:
SDCL
		1-40-31.
Law Implemented:
SDCL
		1-40-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:08 - Administrative fees › Chapter 74:08:01 - Fees for records reproduction › Section 74:08:01:05 - Waiver of fee for educational organizations

Current through Register Vol. 51, page 10, July 15, 2024
The department shall waive the fee established in §
									74:08:01:01 for the first 100
	 pages of photocopies of public records requested by a representative of an
	 educational organization recognized as tax exempt under § 501(c) of the
	 United States Internal Revenue Code as amended to January 1,
	 1992.
General Authority:
SDCL
		1-40-31.
Law Implemented:
SDCL
		1-40-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:01 - Petition to initiate contested case

Current through Register Vol. 51, page 10, July 15, 2024
In order to request a contested case hearing, a person shall file a
	 petition which contains the following information with the department pursuant
	 to the requirements of §
									74:09:01:07:
(1) A statement of the petitioner's interest
  in the involved matter;
(2) A
  statement of the departmental recommendation contested, if any, and the relief
  and decision requested from the board;
(3) A statement alleging the relevant facts
  and issues known to the petitioner upon which the contest or request of the
  board is based;
(4) A statement of
  the legal authority and jurisdiction under which the hearing would be held, if
  known;
(5) A reference to the
  particular statutes and rules involved, if known; and
(6) The signature of the petitioner or the
  petitioner's attorney.
The petitioner shall serve a copy of the petition upon all known
	 persons affected by the request who shall be considered parties to the
	 proceeding.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-17,
		1-26-27,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:02 - Board initiation of contested case

Current through Register Vol. 51, page 10, July 15, 2024
The board may on its own motion request that any matter under its
	 jurisdiction be scheduled for a contested case hearing. The department shall
	 give notice to the parties and the public of any hearing requested on a motion
	 of the board and of the reasons for requesting the hearing. The hearing shall
	 follow the provisions of this chapter insofar as practicable.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-17,
		1-26-27,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:03 - Answer to petition to initiate contested case

Current through Register Vol. 51, page 10, July 15, 2024
Within 20 days after receipt of a petition for a contested case, all
	 parties other than the department shall serve written answers. The answers
	 shall be served on the petitioner, department, and other parties of record. The
	 answers shall respond to the allegations in the petition and state the desired
	 decision of the board. Failure to answer an allegation in a petition
	 constitutes an admission of that fact. Further pleadings by parties in response
	 to an answer are not required unless the chair of the hearing orders them for
	 purposes of clarification of the issues involved in the contested
	 case.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-17,
		1-26-27,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:04 - Intervention in contested case

Current through Register Vol. 51, page 10, July 15, 2024
A person who desires to intervene in a contested case proceeding shall
	 file a petition that substantially conforms to the requirements of §
									74:09:01:01. The petition shall be
	 filed with the department and served on all parties of record. Pleadings in
	 response to an intervenor's petition may not be made unless the chair of the
	 hearing orders them for purposes of clarification of the issues involved in the
	 contested case. The chair of the hearing may grant or deny the petition to
	 intervene at the prehearing conference.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.1,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-17.1,
		34A-10-2,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:05 - Initiation of enforcement hearing

Current through Register Vol. 51, page 10, July 15, 2024
The department shall initiate an enforcement hearing by filing a
	 petition that substantially complies with the requirements of §
									74:09:01:01. The department shall
	 serve a notice of a contested case which complies with the provisions of SDCL
	 1-26 and a copy of the petition upon the alleged violator.
General Authority:
SDCL
		34A-1-6,
		34A-1-43, 34A-6-5,
		34A-11-9,
		45-9-62.
Law Implemented:
SDCL
		1-26-16,
		1-26-17,
		34A-1-46,
		34A-1-48,
		34A-1-49,
		34A-11-15,
		34A-11-18,
		45-6B-48,
		45-6B-49,
		45-6B-50,
		45-6C-37,
		45-6C-38,
		45-6D-51,
		45-6D-52,
		45-6D-53,
		45-9-64,
		45-9-70.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:06 - Intervention in enforcement hearings not allowed

Current through Register Vol. 51, page 10, July 15, 2024
No person may intervene in a contested case hearing which is an
	 enforcement action against an alleged violator.
General Authority:
SDCL
		34A-1-6,
		34A-1-43, 34A-6-5,
		34A-11-9,
		45-9-62.
Law Implemented:
SDCL
		1-26-17.1,
		34A-1-46,
		34A-1-48,
		34A-1-49,
		34A-11-15,
		34A-11-18,
		45-6B-48,
		45-6B-49,
		45-6B-50,
		45-6C-38,
		45-6D-51,
		45-6D-52,
		45-6D-53,
		45-9-64,
		45-9-70.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:07 - Pleadings to be filed with department

Current through Register Vol. 51, page 10, July 15, 2024
The original of any petition, motion, or other pleading shall be filed
	 with the secretary of the department. Filing of the pleadings or documents
	 shall be effectuated by delivery in person, by facsimile, by mail, or by
	 courier to the department by the date the pleadings or documents are due. The
	 person filing the pleading shall serve copies of the documents or pleadings on
	 the chair of the hearing, the hearing examiner if applicable, and all parties
	 of record.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-21,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:08 - Appointment of chair of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a petition for a contested case, or upon the board's
	 motion, the chair of the board shall appoint a member of the board to act as
	 chair of the hearing. Notice of this appointment shall be served on all parties
	 by the department. The chair of the hearing is responsible for the conduct of
	 the prehearing conference and the hearing and may rule on all prehearing
	 motions, including motions to intervene, motions for a continuance, discovery
	 motions, and any other motions necessary to ensure an orderly hearing process.
	 Any decision made by the chair of the hearing is a final decision of the board
	 unless the board overrules the decision of the chair of the
	 hearing.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-18,
		1-26-19,
		1-26-19.2,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:09 - Motions

Current through Register Vol. 51, page 10, July 15, 2024
Any party may make a motion by filing it in writing with the
	 department. Copies of the motion shall be served on the chair of the hearing
	 and all parties of record. The motion shall contain the factual and legal bases
	 for the motion. The chair of the hearing may hear the motion and decide on it
	 at the prehearing conference or at the contested case hearing before the
	 board.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-18,
		1-26-19,
		1-26-19.2,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:10 - Prehearing conference

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the hearing may hold a prehearing conference on request by
	 a party or at the discretion of the chair of the hearing. The chair of the
	 hearing may decide prehearing motions and establish a reasonable discovery
	 schedule at this conference. The chair of the hearing may also set the time and
	 place of the hearing of the petition before the board if it has not already
	 been scheduled or if a continuance is requested. Any other issue properly
	 discussed at a pretrial conference under the rules of civil procedure may be
	 heard at the prehearing conference.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-18,
		1-26-19,
		1-26-19.2,
		34A-1-43.
Rules of civil procedure, SDCL chapter
		15-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:11 - Notice of contested case

Current through Register Vol. 51, page 10, July 15, 2024
The department shall issue a notice of a contested case hearing which
	 complies with the provisions of SDCL chapter 1-26. The notice shall refer to
	 all petitions filed with the department as of the date of the notice and shall
	 be served on all parties of record.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-16,
		1-26-27,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:12 - Subpoenas

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the hearing may issue any subpoena necessary for the
	 conduct of any prehearing discovery or the hearing in accordance with the rules
	 of civil procedure. Any party wishing to obtain a subpoena from the chair of
	 the hearing shall submit a written request and a proposed subpoena to the chair
	 of the hearing.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-19.1,
		34A-1-43.
Rules of civil procedure, SDCL chapter
		15-6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:13 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The chair of the hearing shall act as the chair of the board for the
	 contested case hearing and shall make all necessary evidentiary rulings during
	 the proceeding.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-29,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:14 - Transcripts

Current through Register Vol. 51, page 10, July 15, 2024
Any party wishing to obtain a transcript of a contested case hearing
	 must make arrangements with a court reporter prior to the hearing. The
	 department or the board may, on its own motion, have a transcript of a
	 contested case proceeding prepared; however, parties must obtain copies of the
	 transcript from the court reporter at their expense.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-22,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:15 - Service

Current through Register Vol. 51, page 10, July 15, 2024
The service of all pleadings, notices, or orders may be made by first
	 class mail, personal service, or facsimile. An affidavit of mailing, an
	 admission of service, or other competent evidence is proof of
	 service.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-19,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:16 - Degree of proof required

Current through Register Vol. 51, page 10, July 15, 2024
Whenever, under the provisions of this chapter, a person is required to
	 find, demonstrate, show, or otherwise establish a fact, that fact must be
	 established by a preponderance of the evidence.
General Authority:
SDCL
		34A-1-6,
		34A-1-43, 34A-6-5,
		34A-11-9,
		45-9-62.
Law Implemented:
SDCL
		1-26-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:17 - Appointment of hearing examiner

Current through Register Vol. 51, page 10, July 15, 2024
The chairman of the board may appoint a hearing examiner to conduct the
	 hearing of the contested case. After hearing the proceeding, the hearing
	 examiner shall make proposed findings of fact, conclusions of law, and an order
	 to the board. A copy shall be served upon all parties of record. The board
	 shall allow all parties to object in writing to the hearing examiner's
	 recommended decision and to present oral argument prior to the board rendering
	 a final decision on the contested case proceeding.
General Authority:
SDCL
		34A-1-6,
		34A-1-43, 34A-6-5,
		34A-11-9,
		45-9-62.
Law Implemented:
SDCL
		1-26-18.1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:18 - Decision of board

Current through Register Vol. 51, page 10, July 15, 2024
A final decision in a contested case shall be that obtained by a
	 majority vote from a quorum of the board. Any final decision and resulting
	 orders shall be signed by the hearing chairman of the board.
General Authority:
SDCL
		34A-1-6,
		34A-1-43, 34A-6-5,
		34A-11-9,
		45-9-62.
Law Implemented:
SDCL
		1-26-23,
		1-26-25.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:19 - Findings of fact, conclusions of law, and orders

Current through Register Vol. 51, page 10, July 15, 2024
All parties to a contested case proceeding shall present proposed
	 findings of fact, conclusions of law, and an order to the board. The board may
	 adopt or reject proposed findings and conclusions and shall adopt orders in
	 support of its decision. The adopted findings of fact, conclusions of law, and
	 orders constitute the final decision of the board. The department shall serve
	 written notice of the findings, conclusions, and order on all parties to the
	 proceeding.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-23,
		1-26-25,
		34A-1-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:20 - Board member conflict of interest

Current through Register Vol. 51, page 10, July 15, 2024
A board member who is personally related to a party involved in a
	 contested case hearing by two degrees of consanguinity, who has a direct
	 financial interest in a party involved in a contested case hearing through
	 employment or by contract, or whose spouse is employed by or directly contracts
	 with a party involved in a contested case hearing, may not participate in a
	 contested case proceeding concerning that party. The member shall make an oral
	 statement of recusal on the record at the initiation of the hearing in the
	 contested case. A recused member may not participate in board discussions or
	 decision-making regarding that contested case proceeding.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-27,
		34A-1-21,
		34A-1-43,
		34A-1-44,
		34A-1-45,
		34A-1-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:09 - Procedures - Board of minerals and environment › Chapter 74:09:01 - Contested case procedure › Section 74:09:01:21 - Board member potential conflict of interests

Current through Register Vol. 51, page 10, July 15, 2024
A potential conflict of interest is an indirect financial interest, or
	 a personal relationship or another interest in a party involved in a contested
	 case hearing or enforcement hearing that is different from that of the general
	 public, that a reasonable person would believe might result in bias or
	 prejudgment of a contested case hearing. Board members shall disclose any
	 potential conflict of interest in a contested case proceeding on the record at
	 the initiation of the hearing, or during the hearing if they become aware of
	 the existence of a potential conflict of interest. Upon its own motion or the
	 motion of a party, the board may recuse a member with a potential conflict of
	 interest if it determines that the potential conflict of interest raises an
	 unacceptable risk of bias or prejudgment in the contested case
	 proceeding.
General Authority:
SDCL
		34A-1-6,
		34A-6-1.6,
		34A-6-1.14,
		34A-11-9,
		45-9-13.
Law Implemented:
SDCL
		1-26-27,
		34A-1-21,
		34A-1-43,
		34A-1-44,
		34A-1-45,
		34A-1-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:03.01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined by SDCL chapters 45-6 C and 45-6D have the same meanings
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Bedrock," any geologic formation or
  sediment of Pliocene age or older of solid unweathered rock, including solid
  limestone, dolomite, sandstone, shale, and igneous and metamorphic
  rocks;
(2) "Bentonite," a highly
  plastic when wet, colloidal clay composed primarily of sodium
  montmorillonite;
(3) "Bentonite
  chips," angular fragments of bentonite that have been commercially processed
  and graded according to size for use in plugging test holes. The fragments
  range in size from 1/4 to 3/4-inch;
(4) "Bentonite grout," a mixture consisting
  of water and a high solids, bentonite material, that has been commercially
  manufactured and specially formulated for use to plug a test hole. The
  bentonite grout must contain a minimum of 20 percent solids by weight and have
  a minimum slurry density of 9.4 pounds per gallon when mixed according to the
  manufacturer's recommendations. Bentonite manufactured for use as a drilling
  fluid does not meet the requirements for bentonite grout;
(5) "Cement grout," a mixture consisting of a
  high-sulfate-resistant type Portland cement and no more than six gallons of
  water for each 94-pound sack of cement, and which may have up to 75 pounds of
  drilling-grade bentonite per 10 sacks of cement to reduce shrinkage;
(6) "Confined aquifer," an aquifer in which
  the groundwater is isolated from the atmosphere by geologic formations of low
  permeability and that produces water levels above the top of the aquifer in
  test holes penetrating it;
(7)
  "Flowing artesian test hole," a test hole that has penetrated a confined
  aquifer whose potentiometric surface is above the land surface resulting in
  water flow at the surface;
(8)
  "Formation pressure," the fluid pressure within an aquifer or formation;
  and
(9) "Top of the aquifer," the
  uppermost point at which saturated conditions are found.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:04 - Minimum acceptable plugging method

Current through Register Vol. 51, page 10, July 15, 2024
Test holes that encounter no water or only low-permeability formations
	 such as clays, shales, and till must be backfilled to restore natural
	 conditions as nearly as possible. Except as provided in §§
									74:11:08:05 to
	 74:11:08:07.02, inclusive, the
	 minimum acceptable test hole plugging method is the return of the excess drill
	 cuttings to the drill hole to a point not less than eight feet below the ground
	 surface. Backfill material must be free of contamination and have a
	 permeability equal to or less than the permeability of the formations
	 encountered in the borehole. A nondegradational, nonslip plug shall be placed
	 at a point not less than eight feet below the ground surface, and a five-foot
	 column of cement grout shall be placed above the plug. Topsoil or material
	 representative of the undisturbed surface material shall be tamped into the
	 upper three feet of the drill hole.
Bentonite chips may be used as an alternative to cement grout in the
	 top eight feet of the test hole if bentonite grout or bentonite chips are used
	 to plug the test hole.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:05 - Plugging and sealing confined aquifers or more than one aquifer

Current through Register Vol. 51, page 10, July 15, 2024
Test holes that penetrate confined aquifers or that encounter more than
	 one aquifer may be plugged with bentonite grout only if the weight of the
	 bentonite grout column is sufficient to overcome formation pressure. If the
	 weight of the bentonite grout column is not sufficient to overcome formation
	 pressure the test hole must be plugged with cement grout. The bentonite or
	 cement grout must be placed from the bottom of the hole to within eight feet of
	 the ground surface. The upper eight feet of the hole shall be plugged in
	 accordance with the specifications set forth in §
									74:11:08:04.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:05.01 - Plugging and sealing single unconfined aquifers

Current through Register Vol. 51, page 10, July 15, 2024
Test holes that penetrate a single, unconfined aquifer may be
	 backfilled with drill cuttings or clean sand or gravel from the bottom of the
	 hole to the top of the aquifer. Above the aquifer, bentonite grout or cement
	 grout shall be used to plug the test hole from the top of the aquifer to within
	 at least eight feet of the ground surface. The upper eight feet of the hole
	 shall be plugged in accordance with the specifications set forth in §
									74:11:08:04.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:06 - Plugging in unconsolidated granular material

Current through Register Vol. 51, page 10, July 15, 2024
Test holes that penetrate water-bearing unconsolidated granular
	 material above bedrock and that continue into the bedrock shall be plugged by
	 placing a column of bentonite or cement grout from the bottom of the hole to a
	 point not less than five feet below the bedrock surface. A column of cement
	 grout shall be placed between the bentonite grout and three feet below the
	 ground surface. Upon initial settling of the cement grout, the remainder of the
	 test hole shall be plugged with topsoil or a suitable material in a manner
	 consistent with the specifications set forth in §
									74:11:08:04.
Test holes that penetrate nonwater-bearing unconsolidated granular
	 material above the bedrock surface shall be plugged by returning all excess
	 drill cuttings to the hole to a point not less than eight feet below the ground
	 surface. The upper eight feet of the hole shall be plugged in accordance with
	 the specifications set forth in §
									74:11:08:04. If drill cuttings are
	 not available in quantities sufficient to fill the hole to within eight feet of
	 the ground surface, that portion of the hole remaining to be filled may be
	 plugged with either cement grout or free-flowing mineral
	 aggregate.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:07 - Plugging flowing artesian test holes

Current through Register Vol. 51, page 10, July 15, 2024
All flowing artesian test holes shall be plugged with cement grout from
	 the bottom of the hole to within three feet of the surface. Upon initial
	 settling of the cement grout, the remainder of the test hole shall be plugged
	 with topsoil or suitable material in a manner consistent with the
	 specifications set forth in §
									74:11:08:04.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:07.01 - Alternate plugging plans

Current through Register Vol. 51, page 10, July 15, 2024
Alternate plugging plans may be approved by the department if they are
	 determined to be as protective of groundwater as the methods specified in this
	 chapter. Alternate plugging plans must be approved by the department in writing
	 before the plans are implemented.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:07.02 - Plugging with bentonite chips

Current through Register Vol. 51, page 10, July 15, 2024
Bentonite chips may be used in place of bentonite grout to plug test
	 holes with a diameter four inches or greater, that are not deeper than 500 feet
	 and that have no more than 100 feet of standing water unless the chips have
	 been coated by the manufacturer to delay hydration. Bentonite chips shall be
	 poured slowly into the top of the test hole to prevent bridging in the casing
	 or borehole. Fine bentonite particles or dust that accumulate in the shipping
	 container may not be used for plugging. Upon completion of the plugging
	 operation, water shall be placed into the casing or borehole to promote
	 expansion of the bentonite above the static water level. A maximum of four
	 gallons of water shall be added for every 50 pounds of bentonite chips added
	 above the static water level.
If bridging occurs during pouring of the bentonite chips, the point of
	 bridging must be broken to allow the bentonite chips to fall to the bottom of
	 the test hole. If the bridge cannot be broken, the test hole must be drilled
	 out and replugged with bentonite or cement grout. Bentonite chips may not be
	 used in test holes drilled into loose or broken strata if hole collapse and
	 bridging is likely.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:11 - Mineral exploration › Chapter 74:11:08 - Capping, sealing, and plugging exploration test holes › Section 74:11:08:08 - Temporary plugging and capping

Current through Register Vol. 51, page 10, July 15, 2024
If a delay in plugging and capping is approved by the department, the
	 hole shall be securely capped with a tapered concrete plug or suitable
	 equivalent that is of sufficient diameter to prevent it from slipping below the
	 surface. The temporarily plugged and capped hole shall be marked with a sturdy
	 steel fence post with a minimum height of 42 inches above the ground surface.
	 All test holes shall be capped and permanently plugged as soon as practical and
	 may not be left unplugged for more than 30 days without approval of the
	 department.
General Authority:
SDCL
		45-6C-29,
		45-6D-34.
Law Implemented:
SDCL
		45-6C-29,
		45-6D-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:02 - Drilling › Section 74:12:02:01 - Requirements to drill, deepen, or reenter for oil or gas

Current through Register Vol. 51, page 10, July 15, 2024
A person drilling for oil and gas must obtain a permit to drill,
	 deepen, or reenter a well before initiating drilling activities. The secretary
	 may issue a permit to drill upon receipt of the following:
(1) Organization report, including the name
  and address of the registered agent and parent companies;
(2) Application for permit to drill on a form
  provided by the secretary;
(3) A
  plat map certified by a surveyor registered in South Dakota and depicting
  proposed access roads;
(4) The
  permit fee required by SDCL
  45-9-4;
(5) A plugging and performance bond
  consisting of a financial instrument approved by the department;
(6) A surface restoration bond consisting of
  a financial instrument approved by the department, if the surface owner or
  lessee or a successor is not a party to the oil and gas leasing
  agreement;
(7) Certification of
  negotiation with surface owner or lessee;
(8) A bonding company information
  sheet;
(9) Plans and specifications
  showing the construction details for any proposed site, including the size and
  location of all pits on the site, as well as a cross-section of the pit,
  showing the soil types;
(10) A
  completed certification of applicant form required by SDCL
  1-40-27;
(11) A completed permission to inspect form
  required by §
									74:12:08:03;
(12) The source of the applicant's legal
  right to enter and initiate drilling on the affected land.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		1-40-27,
		45-9-4,
		45-9-15,
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:02 - Drilling › Section 74:12:02:02 - Requirements to drill a directional or horizontal well

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements set forth in §
									74:12:02:01, an application for a
	 permit to drill a directional or horizontal well shall include the following
	 information:
(1) Size, weight, and
  amount of all casing strings;
(2)
  Top of cement behind each casing string;
(3) Mud program;
(4) Coordinates of the casing shoe;
(5) Coordinates of the terminus;
(6) Depth of kick-off point for horizontal
  well;
(7) Azimuth of the horizontal
  segment;
(8) Down-hole survey
  frequency;
(9) Name and address of
  surveying contractor; and
(10)
  Location of cementing tool.
The secretary may issue a permit to drill a directional or horizontal
	 well upon order of the board, or for areas not appropriately spaced, utilizing
	 the 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,
		45-9-73.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:02 - Drilling › Section 74:12:02:03 - Failure to commence drilling cancels permit - Extensions

Current through Register Vol. 51, page 10, July 15, 2024
Failure to commence drilling, deepening, or reentering a well within
	 one year after issuance of a permit cancels the permit unless an extension is
	 granted in writing by the secretary.
General Authority:
SDCL
		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 74:12:02 - Drilling › Section 74:12:02:04 - Minimum spacing of oil wells

Current through Register Vol. 51, page 10, July 15, 2024
In the absence of an order by the board setting spacing units for a
	 pool, a well drilled for oil may not be drilled on any tract of land other than
	 a governmental quarter-quarter-section, a governmental lot corresponding to it,
	 or, in areas not covered by U.S. public land surveys, an arbitrarily designated
	 40-acre tract. The well must be located not closer than 500 feet to any
	 boundary line of the governmental quarter-quarter-section, the governmental lot
	 corresponding to it, or the arbitrarily designated 40-acre tract nor closer
	 than 1,000 feet to the nearest well drilling to, or capable of producing from,
	 the same pool. If the governmental quarter-quarter-section, governmental lot,
	 or arbitrarily designated tract contains less than 35 acres, a well may not be
	 drilled on it except with the written permission of the secretary after
	 utilizing the notice of recommendation procedure in chapter
	 74:12:09.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-20,
		45-9-21.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:12 - Oil and gas conservation › Chapter 74:12:02 - Drilling › Section 74:12:02:05 - Minimum spacing of gas wells

Current through Register Vol. 51, page 10, July 15, 2024
In the absence of an order by the board setting spacing units for a
	 pool, a well may not be drilled for gas on any tract of land other than a
	 governmental section or, in areas not covered by U.S. public land surveys, an
	 arbitrarily designated 640-acre tract. Such wells must be located not closer
	 than 500 feet to any boundary line of the governmental section or arbitrarily
	 designated 640-acre tract nor closer than 3,750 feet to the nearest well
	 capable of producing from the same pool. If the governmental section or
	 arbitrarily designated tract contains less than 576 acres, a well may not be
	 drilled on it except with the written permission of the secretary, after
	 utilizing the notice of recommendation procedure in chapter
	 74:12:09.
General Authority:
SDCL
		45-9-11,
		45-9-13.
Law Implemented:
SDCL
		45-9-20,
		45-9-21.