45-6C-28. Capping, sealing, and plugging of test holes–Temporary delay. The operator shall cap, seal, and plug each test hole sunk for exploratory purposes on all public and private lands within the state immediately following the drilling and probing. An operator may apply, in writing, to the Board of Minerals and Environment for permission to temporarily […]
45-6C-29. Capping, sealing, and plugging test holes–Rules. The Board of Minerals and Environment shall promulgate rules, pursuant to chapter 1-26, to regulate the capping, sealing, and plugging of all test holes drilled pursuant to this chapter. Such rules shall provide for the capping, sealing, and plugging of all such test holes, the prevention of any […]
45-6C-3. Definition of terms. Terms used in this chapter mean: (1)”Affected land,” the surface area, surface water, and groundwater disturbed by reason of the building of access roads or trails, leveling drill sites, storage areas, containment ponds, or other support facilities for the purpose of exploration, including the land affected by surface subsidence; (2)”Aquifer,” a […]
45-6C-31. Test holes used for water wells. If any test holes drilled are to be ultimately used or are to be converted to water wells, the user shall comply with the provisions of chapter 46-6. Source: SL 1982, ch 306, §31.
45-6C-32. Roads and trails. The operator shall construct all roads and trails developed for the exploration project to minimize sedimentation and erosion by the placement of water bars and similar structures, road placement on the contour, revegetation of roadwork and embankment slopes, or by using other necessary methods. Source: SL 1982, ch 306, §32.
45-6C-33. Restoration of drill sites and affected land. The operator shall restore each drill site and other affected land as nearly as possible to its original condition including backfilling all mudpits, scattering any drill cuttings left on the surface, reseeding the drill site and approach trails, removing shot wire, or other action as may be […]
45-6C-34. Penetration of aquifer–Notice to board. The operator shall notify, in writing, the Board of Minerals and Environment of the penetration of an aquifer and the location of the test hole penetrating such aquifer as soon as practically possible, but not more than ninety days after penetration. The board may waive this requirement if, after […]
45-6C-35. Penetration of aquifer–Report required. The operator shall submit, upon completion of the exploration operation, a clear and complete report identifying all test holes which have penetrated an aquifer, the depth of the aquifer, and the method used to plug each such test hole. The information contained in the report is not confidential. However, the […]
45-6C-36. Violation–Notice to operator. If the secretary of agriculture and natural resources has reason to believe that a violation of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice shall be served personally or by registered mail upon the alleged violator or the alleged violator’s agent […]
45-6C-37. Violation–Cease and desist order. If the secretary of agriculture and natural resources determines that a violation of any provision of this chapter exists, the board, not less than forty-eight hours after service of the notice required by §45-6C-36, may issue a cease and desist order. Such order shall set forth the provisions alleged to […]
45-6C-38. Violation–Hearing. The Board of Minerals and Environment may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease and desist order; except that an earlier date for hearing may be requested by the alleged violator. If a hearing is held pursuant to the provisions […]
45-6C-39. Violation–Suspension of operations. Upon a determination, after hearing, that a violation of this chapter has occurred, the Board of Minerals and Environment may order the operator to suspend all exploration operations within the state. If the board issues such order, the operator may continue the exploration operation only for the purpose of bringing the […]
45-6C-4. Permit or surety not required by governmental office or political subdivision of state. No governmental office of any political subdivision of the state has the authority to require or issue a permit or to require any surety for exploration operations. Source: SL 1982, ch 306, §4.
45-6C-40. Violation–Action for temporary restraining order or injunction. The Board of Minerals and Environment may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of this chapter. Suits under this section shall be brought in the circuit court […]
45-6C-41. Violation–Forfeiture of surety–Proceedings by attorney general. The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §45-6C-37. Before making such request of the attorney general, the board shall notify the […]
45-6C-42. Violation–Forfeiture of surety–Reclamation of land by board. The Board of Minerals and Environment shall plug and reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited. Source: SL 1982, ch 306, §42.
45-6C-43. Fees deposited in environment and natural resources fee fund–Proceeds of forfeiture of surety deposited in special revenue fund. All fees received by the Department of Agriculture and Natural Resources shall be deposited by the department in the environment and natural resources fee fund established pursuant to §1-41-23. The proceeds of any surety forfeiture proceedings […]
45-6C-44. Operator currently in violation–Filing notice of intent prohibited. Any operator who is currently found to be in violation of the provisions of this chapter with respect to any operation in this state may not file a notice of intent to conduct an exploration operation. The Department of Agriculture and Natural Resources shall return any […]
45-6C-45. Violation–Civil penalty–Liability for damages to environment. Any person who violates any provision of this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day which such violation occurs, or is liable for damages to the environment of […]
45-6C-46. Refusal of access or interference with inspection as violation. It is a violation of this chapter to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials, requests entry for the purpose of inspection under this chapter; nor shall any person obstruct, hamper, or […]
