Section 45-6C-35 – Penetration of aquifer–Report required.
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 […]
Section 45-6C-36 – Violation–Notice to operator.
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 […]
Section 45-6C-37 – Violation–Cease and desist order.
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 […]
Section 45-6C-38 – Violation–Hearing.
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 […]
Section 45-6C-39 – Violation–Suspension of operations.
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 […]
Section 45-6C-24 – Surety liability continues until released.
45-6C-24. Surety liability continues until released. Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation. Source: SL 1982, ch 306, §24.
Section 45-6C-25 – Surety penalty–Amount.
45-6C-25. Surety penalty–Amount. The penalty of the required surety shall be in an amount sufficient to cover the cost of plugging ten percent of the proposed test holes and reclamation as determined pursuant to §45-6C-23. Source: SL 1982, ch 306, §25.
Section 45-6C-26 – Exploration operations–Applicable laws.
45-6C-26. Exploration operations–Applicable laws. Every operator who files notice of intent to conduct an exploration operation may engage in the exploration operation upon the affected lands described in the notice of intent to conduct an exploration operation, upon the performance of and subject to §§45-6C-27 to 45-6C-34, inclusive, with respect to such lands. Source: SL […]
Section 45-6C-27 – Explosives.
45-6C-27. Explosives. No exploration operations involving the use of explosives may be conducted within one-quarter mile of a flowing water well or a domestic water well unless permission is granted, in writing, by the owner of such well. An operator violating this section is strictly liable for any damage to such water well. The owner […]
Section 45-6C-28 – Capping, sealing, and plugging of test holes–Temporary delay.
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 […]