reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:27 - Probable out-of-compliance status monitoring

Current through Register Vol. 51, page 10, July 15, 2024
An accelerated schedule of monitoring is required upon determination of
	 probable out-of-compliance status. The accelerated schedule requires monthly
	 sampling in addition to quarterly sampling of the compliance monitoring point
	 for the water contaminant which has met the criteria of §
									74:54:02:26 for two months or
	 until the facility is brought into compliance.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-49.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:54 - Groundwater quality › Chapter 74:54:02 - Groundwater discharge permits › Section 74:54:02:28 - Out-of-compliance status

Current through Register Vol. 51, page 10, July 15, 2024
Out-of-compliance status shall be based upon two consecutive samples
	 which exceed the permitted allowable limit by two standard deviations as
	 calculated for the groundwater contaminant at the compliance monitoring point
	 or statistically higher concentrations in the compliance monitoring point over
	 that of the permitted allowable limit determined as follows:
(1) Statistical significance shall be
  determined using the one-tailed Mann-Whitney U Test at the 0.10 level of
  significance;
(2) Compliance
  testing shall use data from the two analyses immediately preceding accelerated
  monitoring and all accelerated monitoring data to date, with a minimum of four
  accelerated sample data values, from the compliance monitoring point paired
  against the permitted allowable limit.
If the facility is determined to be out of compliance, the contingency
	 plan submitted with the original groundwater discharge plan shall be
	 implemented according to a compliance schedule determined by the
	 secretary.
General Authority:
SDCL
		34A-2-28,
		34A-2-30.
Law Implemented:
SDCL
		34A-2-49.
Ground-water Quality Data Analysis
, 1985, Technical
		Bulletin No. 462, Published by the National Council of the Paper Industry for
		Air and Stream Improvement, Inc., 260 Madison Ave., New York, NY 10016. The
		cost is $30.
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 74:55:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Abandoned well," a well whose use has
  been permanently discontinued or which is in such a state of disrepair that it
  cannot be used for its intended purpose or for observation purposes, or which
  is abandoned pursuant to SDCL 46-6-27;
(2) "Aquifer," a geologic formation, group of
  geologic formations, or part of a geologic formation that contains sufficient
  saturated permeable material to yield economical quantities of water to wells
  and springs;
(3) "Aquifer
  restoration," the process of achieving or exceeding the water quality levels
  established by the secretary for any production area;
(4) "Area permit," a well permit which
  authorizes the construction and operation of two or more similar wells within a
  specified area;
(5) "Area of
  review," that area within one-quarter mile radius of the injection
  well;
(6) "Baseline," a
  pre-existing condition, concentration, quantity, or quality that is set as a
  specific value or guideline against which future values are compared;
(7) "Baseline well," a well from which
  groundwater is analyzed to define baseline quality in the mine area (a regional
  baseline well) or in the production area (a production area baseline
  well);
(8) "Best practicable
  technology," a technology-based process justifiable in terms of existing
  performance and achievability in relation to health and safety which minimizes,
  to the extent safe and practicable, disturbances and adverse impacts of the
  operation on human or animal life, fish, wildlife, plant life, and related
  environmental values;
(9) "Board,"
  the South Dakota Board of Water Management;
(10) "Casing," a tubular structure, generally
  of metal, concrete, or thermoplastic, which is installed in a well bore to
  maintain the well opening;
(11)
  "Catastrophic collapse," the sudden and utter failure of overlying strata
  caused by removal of underlying materials;
(12) "Cementing," the process of mixing and
  placing cement grout in a hole to prevent the vertical movement of fluids in
  the hole or the annulus;
(13)
  "Class III well," under the federal Underground Injection Control (UIC) program
  promulgated under Part C of the Safe Drinking Water Act,
  42 U.S.C.
  300 et seq (2003), a well that injects fluids
  for extraction of minerals, including solution mining of minerals. The term
  includes any well used in:
(a) Mining of
  sulfur by the Frasch process;
(b)
  In situ leach mining of uranium or other metals. This category includes only in
  situ production from ore bodies that have not been conventionally mined. Wells
  used for solution mining, such as stope leaching, are classified as Class V
  wells; or
(c) In situ mining of
  salts, trona, or potash;
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 74:55:01:02 - Class III injection wells subject to the provisions of this chapter

Current through Register Vol. 51, page 10, July 15, 2024
A Class III injection well for the in situ mining of uranium minerals
	 shall comply with the provisions of this chapter. "Well," as used in this
	 chapter, means a well associated with a Class III mining
	 operation.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-31.
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 74:55:01:03 - Permit required for well injection - Plans and specifications required

Current through Register Vol. 51, page 10, July 15, 2024
No person may begin injection or construction, installation,
	 modification, or operation of a facility which may result in well injection
	 into, above, or through an underground source of drinking water without a
	 permit to do so from the board. Application for a permit shall be submitted on
	 forms provided by the secretary. The permit shall not be issued until the
	 application has been completed by the owner or operator of the site. Plans and
	 specifications for the injection facilities shall be submitted to the secretary
	 in accordance with chapter 74:53:04. Data used in completing the application
	 shall be retained for at least three years after the date of
	 submission.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28,
		34A-2-29.
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 74:55:01:04 - Date of application for new wells

Current through Register Vol. 51, page 10, July 15, 2024
Operators of a new injection well shall submit a complete application
	 at least 270 days before the date construction is expected to begin unless the
	 new well is covered by an area permit.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:05 - Signatories of permit application

Current through Register Vol. 51, page 10, July 15, 2024
All permit applications shall be signed as follows:
(1) For a corporation: by a principal
  executive officer of at least the level of vice president;
(2) For a partnership or sole proprietor: by
  a general partner or proprietor; or
(3) For a municipal, state, federal, or other
  public agency: by either a principal executive officer or ranking elected
  official.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:06 - Qualifications for duly authorized representative of signatory

Current through Register Vol. 51, page 10, July 15, 2024
All reports shall be signed by a duly authorized representative of the
	 official signatory or by the official signatory. A person is a duly authorized
	 representative if the authorization meets the following criteria:
(1) It is made in writing by the legal
  signatory;
(2) It specifies an
  individual or position having responsibility for the overall operation;
  and
(3) It is submitted to the
  secretary either prior to or along with documents signed by the authorized
  representative.
Changes in authorization shall be submitted in writing to the
	 secretary.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:07 - Certification requirements of signatory

Current through Register Vol. 51, page 10, July 15, 2024
A person signing a permit application or report shall make the
	 following certification:
"I certify under penalty of law that I have personally examined and am
	 familiar with the information submitted in this document and all attachments
	 and that, based on my inquiry of those individuals immediately responsible for
	 obtaining the information, I believe that the information is true, accurate,
	 and complete. I am aware that there are significant penalties for submitting
	 false information including the possibility of fine or
	 imprisonment."
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:08 - Duration of permits

Current through Register Vol. 51, page 10, July 15, 2024
A permit for a well may be effective for up to five
	 years.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-36.
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 74:55:01:09 - Permit transfer

Current through Register Vol. 51, page 10, July 15, 2024
Permits may be transferred from a permittee to another person by
	 providing written notice to the secretary at least 90 days before the proposed
	 transfer. The permittee must submit the following information to the secretary
	 in writing by certified mail before the proposed transfer date:
(1) The name and address of the current
  facility;
(2) The name and address
  of the new owners;
(3) The permit
  number;
(4) The names of the new
  principal persons responsible for the permit; and
(5) A notarized statement signed by the new
  principal officer stating that the principal officer has read the permit and
  will abide by all the conditions of the permit. The current permittee must
  include in the notice of proposed transfer a written agreement between the
  current and the new permittee which includes a specific date for transfer of
  responsibility for the permit, its coverage, and the liability between the
  parties.
The secretary shall provide notice to the board of the proposed
	 transfer. A permit is automatically transferred to the new permittee if the
	 secretary does not petition the board to review the permit prior to the
	 proposed transfer date. If no petition is filed, the transfer becomes effective
	 on the proposed transfer date. The new permittee may demonstrate financial
	 resources in the form of bonding or other financial assurance approved by the
	 secretary.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:10 - Issuance of area permit

Current through Register Vol. 51, page 10, July 15, 2024
A permit may be issued for an area, rather than for each individual
	 well, provided that the injection wells meet the following requirements:
(1) They are described and identified by
  location in the permit applications if they are existing wells;
(2) They are within the same well field,
  permit area, or similar unit;
(3)
  They are of similar construction;
(4) They are of the same well class;
  and
(5) They are operated by a
  single owner or operator.
Area permits shall specify the area within which underground injections
	 are authorized and the requirements for construction, monitoring, reporting
	 operations, and abandonment for all wells authorized by the
	 permit.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-36.
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 74:55:01:11 - Authorizing new injection wells under area permit

Current through Register Vol. 51, page 10, July 15, 2024
The area permit may authorize the permittee to construct and operate
	 new injection wells within the permit area provided the following requirements
	 are met:
(1) The permittee notifies
  the secretary quarterly when and where new wells have been or will be
  located;
(2) The additional well
  meets the area permit criteria in §
									74:55:01:10; and
(3) The cumulative effect of drilling and
  operation of additional injection wells is considered by the secretary during
  evaluation of the area permit application and is acceptable to the secretary.
If the additional well does not meet the area permit requirements, the
	 secretary may modify, terminate, or enforce the permit.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-36.
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 74:55:01:12 - Secretary's recommendation on permit applications

Current through Register Vol. 51, page 10, July 15, 2024
After reviewing the application and any other pertinent information,
	 the secretary shall recommend in writing to the board, including the reasons
	 for the recommendation, whether the permit should be issued or denied. A
	 recommendation that a permit be issued shall include a proposed permit with the
	 conditions necessary to ensure compliance with SDCL 34A-2 and this
	 chapter.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-31.
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 74:55:01:13 - Notice of recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall mail a copy of the recommendation to the applicant,
	 board members, and county commissioners for the county in which the proposed
	 permit area lies, along with a copy of the newspaper notice to be published
	 pursuant to this section. Notice of the recommendation shall be published twice
	 in a legal newspaper in the county where the injection is to take place, and in
	 legal newspapers across the state. The notice shall include a brief statement
	 describing the recommendation and the reasons for it. It shall also include a
	 statement that persons desiring to contest the recommendation must file a
	 petition within 30 days after the date of publication, to contest the
	 recommendation and a statement describing where copies of the recommendation or
	 other information may be obtained.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28,
		34A-2-35.
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 74:55:01:14 - Recommendation becomes final if uncontested

Current through Register Vol. 51, page 10, July 15, 2024
The secretary's recommendation shall be the final decision of the board
	 and a proposed permit shall be considered as having been approved by the board
	 unless a petition is filed to contest the recommendation pursuant to §
									74:55:01:13 or the secretary
	 initiates a contested case by filing a written motion. The applicant or an
	 interested person may appeal the decision of the secretary to the board by
	 petitioning for a contested case hearing pursuant to chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:15 - Contents of petition

Current through Register Vol. 51, page 10, July 15, 2024
Contents of petition shall conform to the requirements of chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:16 - Intervention

Current through Register Vol. 51, page 10, July 15, 2024
Intervention shall conform to the requirements of chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:17 - Answers to petitions

Current through Register Vol. 51, page 10, July 15, 2024
Answer to petition shall conform to the requirements of chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:18 - Filing procedures

Current through Register Vol. 51, page 10, July 15, 2024
Filing procedures shall conform to the requirements of chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:19 - Hearing date

Current through Register Vol. 51, page 10, July 15, 2024
Hearing date shall conform to the requirements of chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28,
		34A-2-35.
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 74:55:01:20 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Notice of hearing shall conform to the requirements of chapter
	 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28,
		34A-2-35.
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 74:55:01:21 - Compliance schedule for permit conditions

Current through Register Vol. 51, page 10, July 15, 2024
A compliance schedule for permit conditions shall be set by the
	 secretary not to exceed three years following the effective date of the permit.
	 If the compliance schedule exceeds one year, then interim requirements and
	 completion dates, not to exceed one year, shall be incorporated into the
	 compliance schedule and permits. No later than 14 days following each interim
	 and final date the permittee shall notify the secretary of compliance or
	 noncompliance.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-39.
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 74:55:01:22 - Information not considered confidential

Current through Register Vol. 51, page 10, July 15, 2024
The name and address of the permit applicant or permittee, information
	 which deals with the existence, absence, or level of contaminants in drinking
	 water, and the location of the proposed mining area are not
	 confidential.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-94.
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 74:55:01:23 - Criteria for underground source of drinking water

Current through Register Vol. 51, page 10, July 15, 2024
An underground source of drinking water shall be protected from
	 underground injection. No owner or operator may cause or allow any movement of
	 injected fluid into an underground source of drinking water. An aquifer or part
	 of an aquifer is an underground source of drinking water if it meets any one of
	 the criteria in subdivision 74:55:01:01(57).
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-10,
		34A-2-11.
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 74:55:01:24 - Designation of exempted aquifers

Current through Register Vol. 51, page 10, July 15, 2024
The board may exempt an aquifer or a portion of an aquifer and
	 designate it as an exempted aquifer if it meets the following criteria:
(1) It does not currently serve as a source
  of drinking water; and
(2) It
  cannot now and will not in the future serve as an underground source of
  drinking water for any of the following reasons:
(a) It produces minerals, hydrocarbons, or
  geothermal energy, or can be demonstrated by a permit applicant as part of a
  permit application for an in situ leach mine to contain minerals or
  hydrocarbons that considering their quantity and location are expected to be
  commercially producible;
(b) It is
  situated at a depth or location that makes recovery of water for drinking water
  purposes economically or technologically impractical;
(c) It is so contaminated that it would be
  economically or technologically impractical to render the water fit for human
  consumption; or
(d) It is located
  over an injection well mining area subject to subsidence or catastrophic
  collapse; or
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 74:55:01:25 - Information considered for permit issuance

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the issuance of a permit for the construction of a new well
	 the secretary shall require the following:
(1) A complete permit application;
(2) Information required by
  40 C.F.R. §
										144.31 as it exists on the day the permit
  hearing is conducted;
(3) A listing
  of all permits or construction approvals received or applied for in association
  with the in situ leach permit area under the following programs:
(a) An underground injection control (UIC)
  program under Part C of the Safe Drinking Water Act,
  42 U.S.C. §
											300 h et seq. (2003);
(b) Other relevant permits, including other
  state and local permits or approvals;
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 74:55:01:26 - Information required in permit application

Current through Register Vol. 51, page 10, July 15, 2024
The permit application shall include, but not be limited to, a
	 technical report which includes the following:
(1) A physical description and analysis of
  the region and site, contour (topographic) maps that accurately locate and
  identify the permit area and show the location of any public highways, tribal
  reservation boundaries, dwellings, utilities, and easements within the permit
  area and adjacent lands in relation to all proposed affected lands and proposed
  activities associated with the in situ leach operation, including all
  processing facilities, chemical storage areas, production areas, and roads. The
  map shall also clearly illustrate the location of monitoring wells;
(2) A description of the local on-site
  geology and the regional geology in areas determined to be relevant by the
  secretary;
(3) A hydrogeologic
  description of the production zone;
(4) A description of the essential well
  drilling features for injection, recovery, and monitor wells and a plugging
  plan;
(5) Climatic data, including
  source and location of data;
(6) A
  list and map of all adjudicated and permitted surface and ground water
  rights;
(7) A list and map of all
  known existing water wells, producing wells, injection wells, abandoned wells,
  and exploration holes, giving location, depth, producing intervals, type of
  use, condition of casing, plugging procedures and date of completion for each
  well or drill hole within the permit area and on adjacent lands to the extent
  such information is available in public records and from a reasonable
  inspection of the property;
(8)
  Current land use and zoning within a one-mile radius of the mine permit
  boundary;
(9) A list of occupied
  dwellings within a one-mile radius of the mine permit boundary;
(10) A site monitoring plan to include:
(a) Ground water quality for both production
  zones and nonproduction zones;
(b)
  Requirements for water quality sampling and analysis to include:
(i) A description of, or reference for, the
  procedures and methods used for sample collection, preservation, quality
  control, and detection levels;
(ii)
  The name, address, and telephone number of the laboratory performing the
  analyses, and the laboratory identification number; and
(iii) Signatures of the laboratory manager or
  technician performing the analyses;
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 74:55:01:26.01 - Technical revisions to an injection permit

Current through Register Vol. 51, page 10, July 15, 2024
The board, through permit conditions, may authorize the secretary to
	 approve proposed technical revisions to injection operations without the
	 requirement of a permit amendment. The technical revisions may include the
	 following minor permit modifications:
(1) Correction of typographical
  errors;
(2) Modification of
  monitoring plan reporting requirements;
(3) Modification of quantities or types of
  fluids injected that are within the capacity of the facility as permitted and
  would not interfere with the operation of the facility or its ability to meet
  conditions described in the permit and would not change its
  classification;
(4) The addition of
  wells to the wellfield within the permit area if the requirements of §
									74:55:01:11 are met;
(5) Modification of injection rates and
  pressures;
(6) Modification of a
  well repair, abandonment, plugging, or conversion plan; and
(7) Delay the plugging requirement of
  subdivision 74:55:01:59(4) for an unused well.
Technical revisions must be submitted to the department in writing. The
	 department shall approve, disapprove, conditionally approve, or request
	 additional information within 30 days after receipt.
The applicant or an interested person may appeal the decision of the
	 secretary to the board by petitioning for a contested case hearing pursuant to
	 chapter 74:50:02.
All technical revisions authorized by the department shall be recorded
	 on a list which is kept updated and which is readily available for public
	 inspection. A copy of the list shall be provided to anyone upon
	 request.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SSDCL
		34A-2-28.
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 74:55:01:26.02 - Permit amendment required

Current through Register Vol. 51, page 10, July 15, 2024
A permit amendment is required for major modifications. Major
	 modifications include the following:
(1) The addition of proposed affected land
  not within the approved permit area;
(2) The expansion of the boundaries of the
  permit areas;
(3) A change in the
  permit which may adversely affect groundwater.
An owner or operator desiring to amend a Class III UIC permit shall
	 file an amendment application with the secretary. The owner or operator shall
	 include in the amendment application the information required in §§
									74:55:01:05,
	 74:55:01:06,
	 74:55:01:07, and 74:55:01:26. The
	 applicant need not submit any information which would duplicate that which has
	 previously been filed with the secretary, but shall reference the section,
	 paragraph, and page of the permit or other applicable correspondence for that
	 information. The secretary shall approve, disapprove, conditionally approve, or
	 request additional information within 30 days after receipt. The secretary's
	 recommendation shall be noticed in accordance with §
									74:55:01:13. The applicant or an
	 interested person may appeal the decision of the secretary to the board by
	 petitioning for a contested case hearing pursuant to chapter 74:50:02.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-28.
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 74:55:01:27 - Well inventory information

Current through Register Vol. 51, page 10, July 15, 2024
Within one year after beginning injection operations, all owners or
	 operators of new wells shall submit well inventory information on forms
	 provided 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 74:55:01:28 - Determination of influence of injection on groundwater

Current through Register Vol. 51, page 10, July 15, 2024
The volume and areal extent of groundwater anticipated to be influenced
	 by the injection activities shall be determined by the owner or operator. The
	 area of review shall include the area within a one-quarter mile radius of the
	 injection well, or as determined by the secretary.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-29.
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 74:55:01:29 - Well mechanical integrity test

Current through Register Vol. 51, page 10, July 15, 2024
Prior to putting a new well into service or reissuance of a permit for
	 a salt solution well, the well shall be tested by the owner or operator to
	 determine the mechanical integrity of the well. A well is considered to be of
	 acceptable mechanical integrity if no leak exists in the casing, tubing, or
	 packer and no fluid movement takes place into an underground source of drinking
	 water through annulus channels adjacent to the injection well bore. A schedule
	 and methods for mechanical integrity testing shall be included in the permit,
	 and constitute conditions of the permit. The schedule and methods shall meet
	 the following requirements:
(1) One of
  the following methods must be used to evaluate the absence of significant leaks
  in the casing, tubing or packer:
(a)
  Following an initial pressure test, monitoring of the tubing-casing annulus
  pressure with sufficient frequency to be representative, as determined by the
  secretary, while maintaining an annulus pressure different from atmospheric
  pressure measured at the surface;
(b) Pressure test with liquid or gas;
  or
(c) An alternative test to
  demonstrate mechanical integrity other than those listed in this subdivision if
  it is specified in the permit or is approved by the secretary through a
  technical revision;
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 74:55:01:30 - Acceptable methods for mechanical integrity tests - Report to secretary

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator and the secretary shall apply methods and
	 standards generally accepted in the industry to conduct and evaluate mechanical
	 integrity tests. The owner or operator shall report to the secretary the
	 results of mechanical integrity tests, including a description of the tests and
	 the methods used. The secretary shall review monitoring and other test data
	 submitted since the previous evaluation in making a decision on mechanical
	 integrity.
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 74:55:01:31 - Well construction requirements

Current through Register Vol. 51, page 10, July 15, 2024
The method for well construction shall be stated in the permit
	 application. Construction requirements listed in this section apply to all
	 wells installed for activities related to in situ leach mines. The secretary
	 may grant a deviation from the requirements through a technical revision, if
	 the operator supplies documentation of reliability, mechanical integrity,
	 design, and construction to protect ground waters of the state. Injection and
	 production wells shall be generally constructed as follows:
(1) Annular seals shall be installed to
  protect the casing against corrosion, ensure structural integrity of the
  casing, stabilize the well bore, protect against contamination or pollution of
  the well from the surface, and prevent migration of ground water from one
  aquifer or water-bearing strata to another in accordance with the following
  requirements:
(a) The drill hole shall be of
  sufficient diameter for adequate sealing and, at any given depth, at least
  three inches greater in nominal diameter than the outside diameter of the outer
  casing at that depth. The secretary may approve an alternative casing design if
  it provides an equivalent degree of ground water protection;
(b) Before placing the annular seal, the well
  bore shall be under static conditions and all loose drill cuttings, rock chips,
  or other obstructions shall be removed from the annular space by circulating
  the borehole with water or drilling mud slurry;
(c) The annular sealing material shall be
  pressure-grouted as required in §
										74:02:04:28;
(d) Sealing material shall consist of neat
  cement grout or bentonite grout mixtures meeting the following requirements:
(i) Cement grout shall be composed of high
  sulfate resistant Portland cement and shall conform to the requirements of
  §
											74:02:04:53;
(ii) Bentonite grout shall conform to the
  requirements of §
											74:02:04:53.01. The bentonite
  grout shall be a sodium bentonite material that has been commercially
  manufactured and specially formulated for use as a well casing seal;
(iii) The sealing material shall be
  thoroughly mixed before placement so there are no balls, clods, or other
  features that could reduce the effectiveness of the seal;
(iv) Special quick-setting cement, cement
  accelerators, retarders, fluid-loss additives, dispersants, extenders,
  loss-of-circulation materials, and other additives, including hydrated lime to
  make the mix more fluid or bentonite to make the mix more fluid and reduce
  shrinkage, may be used, if approved by the secretary; and
(v) Used drilling mud or drill cuttings from
  the borehole may not be used as sealing material;
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 74:55:01:31.01 - Well construction requirements - Injection wells

Current through Register Vol. 51, page 10, July 15, 2024
The following construction requirements apply to injection wells and
	 are in addition to the requirements listed in §
									74:55:01:31:
All injection wells shall be constructed to prevent the migration of
	 fluids to unauthorized zones. The casing and annular sealing material used in
	 the construction of each newly drilled well shall be designed for the life
	 expectancy of the well. In determining and specifying casing and annular
	 sealing requirements, the following factors shall be considered:
(1) Depth to the deepest injection
  zone;
(2) Injection pressure,
  external pressure, internal pressure, axial loading, and related
  information;
(3) Hole
  size;
(4) Size and grade of all
  casing strings including well thickness, diameter, nominal weight, length,
  joint specification, and construction material;
(5) Corrosiveness of injected fluids and
  formation fluids;
(6) Lithology of
  injection zone and confining zones; and
(7) Type and grade of cement used to seal the
  annular space between the outer casing and borehole.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-32.
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 74:55:01:32 - Conducting well logs

Current through Register Vol. 51, page 10, July 15, 2024
Appropriate logs and tests shall be conducted during the drilling and
	 construction of new injection wells. A descriptive report prepared by a
	 knowledgeable log analyst interpreting the results of such logs and tests shall
	 be submitted to the secretary. Determination of the logs and tests appropriate
	 to each well shall be based on intended function, depth, construction, and
	 other well characteristics, availability of similar data in the area of the
	 drilling site, and the need for additional information that may arise from time
	 to time as the construction of the well progresses. Logs and tests shall
	 include deviation checks on all holes to assure that vertical avenues for fluid
	 migration in the form of diverging holes are not created during
	 drilling.
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 74:55:01:33 - Supervision of well construction and testing

Current through Register Vol. 51, page 10, July 15, 2024
All phases of well construction and testing shall be done under the
	 supervision of a driller licensed pursuant to SDCL
	 46-6-9.
General Authority:
SDCL
		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 74:55:01:34 - Determining information on water-bearing injection zone

Current through Register Vol. 51, page 10, July 15, 2024
The following information concerning the water-bearing injection zone
	 shall be determined:
(1) Fluid
  pressure;
(2)
  Temperature;
(3) Fracture
  pressure;
(4) Other physical and
  chemical characteristics of the injection zone rock and formation fluids
  including: geochemistry of the production zone and the aquifer up-gradient and
  down-gradient of the production zone, to include oxidation-reduction conditions
  and common ions, and the direction and velocity of ground water movement
  through the producing zone; and
(5)
  Compatibility of injected fluids with formation fluids.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-29.
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 74:55:01:35 - Establishment of baseline water quality in new mining areas

Current through Register Vol. 51, page 10, July 15, 2024
Before mining a new area or section in a production zone, the operator
	 shall submit a baseline ground water quality sampling plan to include an
	 adequate number of wells and samples to characterize baseline water quality in
	 production and nonproduction zones in and adjacent to the new mining area. The
	 plan shall provide geochemical, lithologic, and mineralogical descriptions of
	 the receiving strata and any aquifers that may be affected by the injection of
	 mining solution. The plan shall address aquifer characteristics for the water
	 saturated portions of the receiving strata and aquifers that may be affected by
	 the mining process. Characteristics may include aquifer thickness, velocity and
	 direction of ground water movement, storage coefficients or specific yields,
	 transmissivity or hydraulic conductivity, and the directions of preferred flow
	 under hydraulic stress in saturated zones of the receiving strata. The plan
	 shall include potentiometric maps of the ground water surface in the receiving
	 strata and overlying and underlying aquifers. The extent of hydraulic
	 connection between the receiving strata and overlying and underlying aquifers
	 and the hydraulic characteristics of any influencing boundaries in or near the
	 proposed production areas shall be determined and described. Water samples
	 shall not be taken until the specific conductivity, temperature, and pH have
	 stabilized. These samples shall be analyzed for the parameters designated by
	 the secretary. All baseline wells shall be sampled at least once every month
	 for a minimum of six months before any mining activities. If a well shows
	 results indicating a statistically significant variance for a control
	 parameter, whether due to laboratory error or natural fluctuation, the
	 secretary may require additional samples be taken. The sample results for each
	 well shall be submitted to the secretary.
The secretary shall consider the baseline water quality values for a
	 production area to determine the upper limit value of a control parameter
	 which, when exceeded, indicates that an injected fluid may be present. All
	 samples shall be collected, preserved, analyzed, and controlled according to
	 accepted methods.
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 74:55:01:36 - Confinement of recovery fluid

Current through Register Vol. 51, page 10, July 15, 2024
Recovery fluid shall be restricted to those production zones that have
	 been classified by the board as an exempted aquifer within the area of
	 production zone monitor wells. If recovery fluids migrate outside the
	 production zone or into aquifers above or below the production zone, the
	 operator shall report, monitor, and remediate the excursion in accordance with
	 §§
									74:55:01:50 to
	 74:55:01:53.02, inclusive.
	 Recovery fluids are assumed to be present in an unauthorized zone if a
	 verifying analysis confirms that a control parameter in a monitor well is
	 detected at a concentration equal to or greater than the upper limit
	 value.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-36.
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 74:55:01:38 - Monitor well requirements in formation not considered underground source of drinking water

Current through Register Vol. 51, page 10, July 15, 2024
If injection is into a formation in which the water is greater than
	 10,000 milligrams per liter of total dissolved solids, monitor wells shall be
	 required in the formation 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 74:55:01:39 - Monitoring subsidence

Current through Register Vol. 51, page 10, July 15, 2024
Subsidence shall be controlled to the extent that the values and uses
	 of the surface land resources and aquifers will not be degraded. If the
	 injection wells penetrate an aquifer in an area subject to subsidence or
	 catastrophic collapse, an adequate number of monitor wells shall be completed
	 into that aquifer to detect any movement of injected fluids.
The monitor wells shall be located outside the physical influence of
	 the subsidence or collapse.
General Authority:
SDCL
		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 74:55:01:40 - Minimum requirements for monitor wells

Current through Register Vol. 51, page 10, July 15, 2024
In determining the number, location, and frequency of sampling of the
	 monitor wells the following shall be considered:
(1) Whether or not any person is relying on
  the underground source of drinking water affected or potentially affected by
  the injection operation;
(2) The
  proximity of the injection operation to points of withdrawal of drinking
  water;
(3) The local geology and
  hydrology;
(4) The operating
  pressures and whether a negative pressure gradient is being
  maintained;
(5) The toxicity and
  volume of the injected fluid, the formation water, and the process by-products;
  and
(6) The density of the
  injection wells.
General Authority:
SDCL
		34A-2-93(15).
Law Implemented:
SDCL
		34A-2-44.