74:10:03:13.  Pit construction and reclamation. All pits used for storage of exploration and production wastes must be constructed, maintained, and reclaimed so as to prevent contamination of soil and all waters of the state. Under no circumstances may these pits be used for disposal, dumping, or storage of solid or hazardous wastes, and other debris not commonly used in these operations. The following construction and reclamation procedures for earthen pits are minimum requirements:

          (1)  Pit construction procedures:

               (a)  Pits may not be located in stream beds or within other defined or established drainages;

               (b)  Synthetic membrane liners, which are compatible with the materials to be contained, are required in all pits, unless a variance is granted by the secretary for good cause shown. Good cause shown includes permeability characteristics, lack of shallow groundwater, and the water quality of the contained fluids. The synthetic membrane liner must have a minimum thickness of 12 mils. The synthetic membrane liner seams must be sealed according to the manufacturer's instructions. The synthetic liner must be installed undamaged on a properly prepared subgrade, free from angular rocks, roots, grass and other vegetation, and other foreign matter that may damage the integrity of the synthetic membrane liner. Any liner which incurs damage must be repaired or replaced immediately according to the manufacturer's instructions;

               (c)  All pits must be constructed so that the bottom of the pit is above the seasonal high-water table; and

               (d)  All pits must be constructed so that no surface water enters the pit;

          (2)  Pit reclamation procedures:

               (a)  Within one year of site abandonment the pit must be reclaimed in a manner approved by the secretary that will prevent ground water or surface water contamination. If conditions that prevent reclamation within one year exist, a six-month extension may be granted by the secretary.

          Source: SL 1975, ch 16, § 1; transferred from § 52:02:03:13, effective July 1, 1979; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 23 SDR 31, effective September 8, 1996.

          General Authority: SDCL 45-9-11, 45-9-13.

          Law Implemented: SDCL 45-9-11.

          Cross-References: Solid waste standards, art 74:27; Hazardous waste standards, art 74:28.