S.D. Admin. R. 74:29:11:06

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:29:11:06 - Ground water restoration table

Based upon the information submitted in accordance with subdivision 74:29:11:04(1) and the determination in accordance with § 74:29:11:05, 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 premining baseline conditions. If the ground water restoration demonstration in accordance with subdivision 74:29:11:04(1) 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 department shall set the restoration values as follows:

(1) To not exceed the applicable maximum contaminant levels 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 § 74:29:11:50.

S.D. Admin. R. 74:29:11:06

33 SDR 160, effective 4/17/2007; 34 SDR 323, effective 7/2/2008.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-41.