reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:41 - Production area monitor well location and spacing requirements

Current through Register Vol. 51, page 10, July 15, 2024
The designated production area monitor wells shall be spaced no more
	 than 400 feet from the production area and with spacing no greater than 400
	 feet between the 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. Closer spacing of these wells may be required by the secretary
	 in the down gradient groundwater flow direction from the production
	 zone.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:42 - 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 groundwater 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
	 secretary.
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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:43 - Secretary to sample monitor wells

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall take samples from the monitor wells on a schedule
	 determined by the secretary.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:44 - 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 or 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-40.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:45.01 - Ground water restoration table

Current through Register Vol. 51, page 10, July 15, 2024
Based upon the information submitted in accordance with subdivision
	 74:55:01:26(18), the department shall develop a ground water restoration table
	 with assigned ground water quality restoration values that are the compliance
	 requirements for restoration of the production and nonproduction zones.
The restoration values shall be based on pre-mining baseline
	 conditions. If the ground water restoration demonstration in accordance with
	 subdivision 74:55:01:26(18) indicates that the operation will be unable to
	 achieve the standard of returning affected ground water to baseline conditions
	 with the application of best practicable technology, the secretary shall set
	 the restoration values as follows:
(1)
  To not exceed the applicable maximum allowable concentrations in South Dakota
  ground water quality standards listed in §
									74:54:01:04;
(2) To not exceed the health advisory levels
  or secondary drinking water regulations set by the U.S. Environmental
  Protection Agency for other parameters not listed in Table 1 and Table 2 of
  §
									74:54:01:04; and
(3) To not exceed values based on an
  appropriate statistical method for any parameters not listed in South Dakota
  ground water quality standards or in U.S. Environmental Protection Agency
  health advisory lists or secondary drinking water regulations.
Modification of the restoration table shall be done in accordance with
	 §
										74:55:01:58.01.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:46 - 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;
(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;
(5)
  Manifold monitoring may be used in cases of facilities consisting of more than
  one injection well with a common manifold. Separate monitoring systems for each
  well are not required provided the operator demonstrates to the secretary that
  manifold monitoring is comparable to individual well monitoring; and
(6) A minimum of quarterly monitoring of
  secretary specified wells within one-quarter mile of the production site to
  detect migration of recovery fluids from the production zone.
The name, address, and telephone number of the laboratory performing
	 the analyses, and the laboratory identification number are to be
	 provided.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:47 - Reporting requirements for injection zone

Current through Register Vol. 51, page 10, July 15, 2024
Monitoring data for the injection zone shall be reported monthly to the
	 secretary. These reports shall be postmarked no later than the tenth day of the
	 following month. A copy of the data shall be kept available at the mine
	 site.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:48 - Duration of monitoring program

Current through Register Vol. 51, page 10, July 15, 2024
The program of monitoring detailed in this chapter shall be continued
	 in each permit area until aquifer restoration and stabilization in that area
	 has been achieved in compliance with §
									74:55:01:58.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:49 - 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
  secretary in accordance with the permit shall include the requirements of
  subdivision 74:55:01:26(10)(b);
(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 is 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) Confirmation of the
  method by which mechanical integrity was established, in accordance with §
											74:55:01:29; 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
  §
										74:55:01:59.03; and
(d) The results of well repair and plugging
  required in accordance with §
										74:55:01:59, including a statement
  that the wells were plugged in accordance with the permit, or documentation
  that prior approval was obtained from the secretary 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 secretary 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 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:50 - 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 §
									74:55:01:53.
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 secretary within two business days after the operator receives them from
	 the laboratory.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:51 - Excursion sampling frequency

Current through Register Vol. 51, page 10, July 15, 2024
During 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:52 - Reporting excursions

Current through Register Vol. 51, page 10, July 15, 2024
The operator shall verbally report any suspected excursion to the
	 secretary within 24 hours of detection and initiate actions required by
	 §§
									74:55:01:49 and
	 74:55:01:50. 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:53 - 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 secretary 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 secretary. One
  or more parameters may be excluded, if the secretary 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 secretary, 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 secretary, the operator shall use methods
	 judged necessary and prudent to define the extent of the excursion and to
	 cleanup recovery fluids in an expeditious manner.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:53.01 - 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 secretary, 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 §
									74:55:01:53.
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 secretary 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:53.02 - 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 secretary, unless the secretary 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 secretary 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:54 - 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
	 §
									74:55:01:53 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 secretary:
(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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:55 - Ground water restoration requirements

Current through Register Vol. 51, page 10, July 15, 2024
When the mining of an authorized production area is completed, the
	 operator shall notify the secretary and immediately proceed to reestablish
	 groundwater quality in the affected production area to levels consistent with
	 the values listed in the restoration table contained in the
	 permit.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
Establishment of baseline water quality, §
											74:55:01:35.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:56 - 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 secretary until restoration is accomplished for the
	 particular area.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:57 - Restoration sampling procedure

Current through Register Vol. 51, page 10, July 15, 2024
After first notifying the secretary 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
	 secretary 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
	 permittee shall file with the secretary a written report of the results. After
	 filing the report, restoration sampling shall be conducted at bimonthly
	 intervals.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:58 - Final restoration - Restoration values achieved

Current through Register Vol. 51, page 10, July 15, 2024
The operator shall notify the secretary 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 secretary confirming ground water restoration, the operator may
	 request, through a technical revision, that the secretary 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:58.01 - 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
	 permit are not met after application of best practicable technology, the
	 operator may submit an amendment to the permit 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 secretary 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
	 §
										74:55:01:45.01.
The amendment to the permit shall follow the procedure established in
	 §
										74:55:01:26.02. The applicant or
	 an interested person may petition for a contested case hearing on the amendment
	 pursuant to chapter 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:59 - Requirements for plugging wells, drill holes, and the repair and conversion of 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 secretary 45 days before a well within a production area is
  converted to other uses than injection;
(4) The operator shall notify the secretary
  10 days prior to plugging a well so the secretary 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 secretary 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 wells around each wellfield shall be recorded as a deed
  notice with the appropriate county; and
(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 secretary. 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 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:59.01 - 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 secretary 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 secretary within one year after
	 the abandonment of any well.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:59.02 - 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 secretary 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 secretary at any time. The secretary may require the operator to
	 deliver the records to the secretary at the conclusion of the retention
	 period.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:59.03 - 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 secretary 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 secretary 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
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60 - Closure of mine site following restoration

Current through Register Vol. 51, page 10, July 15, 2024
After completion of final restoration of the permit area aquifers, the
	 operator shall plug wells in accordance with § 74:54:01:59 that will not
	 be used for postclosure monitoring, and reclaim the facilities in accordance
	 with approved plans specified in the permit and reclamation plan. When well
	 plugging and surface reclamation is complete, the operator shall notify the
	 secretary. A final closure inspection and review of water quality data shall be
	 conducted by the secretary. Based on the inspection and review, the secretary
	 shall make a recommendation to the board at a closure hearing. If the board
	 determines the operator has achieved restoration of the aquifers and
	 reclamation of surface facilities, the postclosure care and maintenance period
	 shall begin.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60.01 - Postclosure plan - Estimated costs for postclosure care

Current through Register Vol. 51, page 10, July 15, 2024
As part of the postclosure plan required by SDCL
	 45-6B-91, before the start of the
	 postclosure period, the operator shall submit to the secretary the estimated
	 costs for postclosure care and maintenance as computed in accordance with
	 established engineering principles, including:
(1) The cost of long-term ground water
  restoration to ensure continued compliance consistent with the values listed in
  the restoration table contained in the permit for both production and
  nonproduction zones;
(2) The cost
  of operation of monitoring systems; and
(3) The cost of inspection and maintenance
  activities to ensure compliance with all applicable reclamation, design, and
  operating criteria.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-40.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60.02 - General postclosure inspection and maintenance activities

Current through Register Vol. 51, page 10, July 15, 2024
During the postclosure period, the operator shall conduct site
	 maintenance and other activities in accordance with the approved postclosure
	 plan, including at a minimum quarterly inspections of well heads over the
	 entire mine site. If leaking well heads are observed during the inspections
	 they must be repaired or re-plugged as necessary.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60.03 - Postclosure operation of monitoring systems

Current through Register Vol. 51, page 10, July 15, 2024
During the postclosure period, the operator shall continue surface and
	 ground water quality monitoring in accordance with the approved postclosure
	 plan or water quality monitoring plan. The results of all water quality
	 monitoring and laboratory analyses must be included in the annual postclosure
	 report.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60.04 - Ground water contamination during the postclosure period

Current through Register Vol. 51, page 10, July 15, 2024
Ground water contamination detected during the postclosure period shall
	 be confirmed by additional sampling conducted by the operator as required by
	 the secretary and shall be evaluated to determine whether remedial action is
	 required. The remedial action required by the operator depends upon the extent
	 of the impact, based upon the following:
(1) Whether the impact is a result of the
  mining operation;
(2) The impacts
  to the health and well being of the people, animals, wildlife, aquatic life,
  and plant life affected;
(3) The
  social and economic value of the impacted aquifer;
(4) The technical practicability and economic
  reasonableness of reducing or eliminating the source of pollution;
(5) The effect upon the environment;
  and
(6) The potential impacts to
  other waters of the state.
Based upon the evaluation, the secretary shall determine whether
	 remedial action is required. If the secretary determines remedial action is
	 required, the operator shall submit a remedial action plan. Depending upon the
	 severity of the impact, the remedial actions may range from additional
	 monitoring to a resumption of ground water restoration activity. The
	 postclosure financial assurance shall be recalculated to account for the cost
	 of remedial actions.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60.05 - End of the postclosure period

Current through Register Vol. 51, page 10, July 15, 2024
The post closure period shall end when the restored aquifer's water
	 quality consistently meets the restoration values on the permit restoration
	 table and care and maintenance for the site is equal to ordinary care and
	 maintenance for lands not affected. After completion of the postclosure period,
	 the operator shall submit to the secretary a statement certifying that
	 postclosure activities have been completed in accordance with the postclosure
	 plan. The secretary shall conduct an on-site inspection of the Class III
	 injection area, and provide public notice of its findings, at least thirty days
	 prior to approving the certification of completion of postclosure
	 care.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:60.06 - Public notice for Class III wells

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide on its website quarterly updates on the
	 operational status, compliance status, technical revisions submitted or
	 approved, public notices, and other pertinent information regarding an active
	 Class III Underground Injection Control Permit.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-40,
		34A-2-44,
		34A-2-93(15).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:01 - Underground injection control - Class III wells › Section 74:55:01:61 - Financial assurance guaranteeing the performance of corrective actions

Current through Register Vol. 51, page 10, July 15, 2024
The estimated costs submitted in permit application pursuant to
	 subdivision 74:55:01:26(20) shall include the estimated amount of financial
	 assurance necessary to guarantee the performance of corrective actions to
	 contain, mitigate, and remediate all pollution, contamination, or degradation
	 which may be caused by operation of the underground injection wells for which a
	 permit is being requested under this chapter. The provisions of §§
									74:07:01:05 and
	 74:07:01:07 through 74:07:01:14,
	 inclusive, shall apply to the financial assurance.
General Authority:
SDCL
		34A-2-40,
		34A-10-2.1,
		34A-10-2.4,
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-40,
		34A-10-2.1,
		34A-10-2.4,
		34A-2-93(15).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:02 - Underground injection control - Class I, IV, and V wells › Section 74:55:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Class I well," a well used by generators
  of hazardous wastes or owners or operators of hazardous waste management
  facilities to inject hazardous waste, other than Class IV wells; and other
  industrial and municipal disposal wells which inject fluids beneath the lowest
  formation containing, within one-quarter mile of the well bore, an underground
  source of drinking water as defined in §
									74:55:01:23;
(2) "Class II well," a well which injects
  fluids for the enhanced recovery of oil or natural gas, or for the storage of
  hydrocarbons, which are liquid at standard temperature and pressure, or a well
  which injects fluids which are brought to the surface in connection with
  conventional oil or natural gas production and may be commingled with waste
  waters from gas plants which are an integral part of production operations,
  unless those waters were classified as hazardous waste at the time of
  injection;
(3) Class III well," a
  well which injects fluids for extraction of minerals or energy, including those
  wells used for solution mining of minerals;
(4) "Class IV well," a well used by
  generators of hazardous wastes or of radioactive wastes, by owners or operators
  of hazardous waste management facilities, or by owners or operators of
  radioactive waste disposal sites to dispose of hazardous wastes or radioactive
  wastes into or above a formation which contains an underground source of
  drinking water within one-quarter mile of the well;
(5) "Class V well," a well not included in
  Classes I - IV;
(6) "Hazardous
  waste," a hazardous waste as defined in
  40 C.F.R. §
										261.3 as it existed on May 15,
  1986;
(7) "Well," an artificial
  excavation or opening in the ground, made by digging, boring, drilling,
  jetting, or by another artificial method and often walled with bricks or tubing
  to prevent the sides from caving.
General Authority:
SDCL
		34A-2-12.
Law Implemented:
SDCL
		34A-2-12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:02 - Underground injection control - Class I, IV, and V wells › Section 74:55:02:02 - Class I and IV disposal wells prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No injection through a well which can be defined as Class I or IV is
	 allowed.
General Authority:
SDCL 34A-2-7,
		34A-2-12.
Law Implemented:
SDCL
		34A-2-21,
		34A-2-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:02 - Underground injection control - Class I, IV, and V wells › Section 74:55:02:03 - Authorization of Class V wells to inject

Current through Register Vol. 51, page 10, July 15, 2024
A Class V well may inject subject to the provisions of SDCL 34A-2
	 governing the prevention of pollution of the waters of the
	 state.
General Authority:
SDCL 34A-2-7,
		34A-2-12.
Law Implemented:
SDCL
		34A-2-21,
		34A-2-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:55 - Underground injection control › Chapter 74:55:02 - Underground injection control - Class I, IV, and V wells › Section 74:55:02:04 - Reporting requirements for Class V wells

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a Class V well shall, within 30 days of
	 completion, notify the secretary of the Department of Environment and Natural
	 Resources of the existence of any well meeting the definitions of Class V under
	 the owner's or operator's control and shall submit the inventory information on
	 forms provided by the secretary.
General Authority:
SDCL 34A-2-7,
		34A-2-12.
Law Implemented:
SDCL
		34A-2-21,
		34A-2-28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:02 - Underground storage tank defined

Current through Register Vol. 51, page 10, July 15, 2024
An underground storage tank is any tank or combination of tanks,
	 including the underground pipes connected to it, that is used to contain an
	 accumulation of regulated substances, the volume of which, including the volume
	 of the connected underground pipes, is 10 percent or more beneath the surface
	 of the ground. The term does not include any of the following:
(1) A farm or residential tank of 1,100
  gallons or less capacity used for storing motor fuel for noncommercial
  purposes;
(2) A tank used for
  storing heating oil for consumptive use on the premises where stored;
(3) A septic tank;
(4) A pipeline facility, including gathering
  lines, regulated under one of the following:
(a) The Natural Gas Pipeline Safety Act of
  1968 (49 U.S.C. App. 1672, et seq.); or
(b) The Hazardous Liquid Pipeline Safety Act
  of 1979 (49 U.S.C. App. 2002, et seq.); or
(c) An intrastate pipeline facility,
  including gathering lines, regulated under state laws comparable to the
  provisions of federal law cited to in this subdivision;