74:29:07:14.  Spoil. Spoil on all affected land must meet the following general requirements:

          (1)  Except where diversions are approved by the board, all spoil must be located to avoid blocking intermittent or perennial drainages. Ephemeral drainages may be blocked if the engineering and environmental methods used for dealing with runoff control and sedimentation are approved by the board;

          (2)  If permanent spoil dumps are approved by the board, the board may require the operator to demonstrate the long-term stability of the dumps through geotechnical stability analyses conducted by a registered professional engineer competent in the field of geotechnical analysis;

          (3)  The board may require the operator to analyze spoil material to determine if it will be a source of water pollution. If the spoil material may be such a source the operator must describe proposed procedures for mitigating the condition; and

          (4)  All spoil material that is determined to be toxic or acid-forming or that will prevent reestablishment of vegetation on the reclaimed land surface must be properly disposed of during the mining operation unless such materials occur naturally on the land surface.

          Source: 14 SDR 111, effective March 3, 1988.

          General Authority: SDCL 45-6B-81.

          Law Implemented: SDCL 45-6B-43, 45-6B-45.