Before an operator is released of reclamation liability for a tailings impoundment, the operator must prove to the satisfaction of the board that the tailings will not degrade the environment. The operator shall demonstrate that this has been accomplished by conducting a final sampling program that is sufficient to statistically characterize the geochemistry of the tailings, both spacially and temporally, so that a reasonable basis for prediction of future conditions and trends is established. The sampling program may consist of solids sampling, pore water or effluent sampling, or a combination of both or an alternative program approved by the department. Sampling frequency and parameters may be revised during the final sampling program if the department finds that the initial results warrant revision.
S.D. Admin. R. 74:29:05:10
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 45-6B-44, 45-6B-45.