45-6B-1.
Citation of chapter.
This chapter may be cited as the "South Dakota Mined Land
Reclamation Act."
45-6B-2.
Legislative findings and policy.
The relatively unknown and as yet largely
undeveloped mineral resources of this state consist in major proportion of minerals below the
surface. The development and extraction of these minerals by means of entry through the surface and
the processing of such ores are necessary for the economic development of the state and nation.
Every effort should be used to promote and encourage the development of mining as an industry, but
to prevent the waste and spoilage of the land and the improper disposal of tailings which would deny
its future use and productivity. Proper safeguards must be provided by the state to ensure that the
health and safety of the people are not endangered and that upon depletion of the mineral resources
and after disposal of tailings the affected land is usable and productive to the extent possible for
agricultural or recreational pursuits or future resource development; that water and other natural
resources are not endangered; and that aesthetics and a tax base are maintained, all for the health,
safety and general welfare of the people of the state. The Legislature finds that an increase in the
level of activity in the large-scale gold and silver mining industry in the Black Hills may cause or
have the potential to cause impacts of unknown scope to competing land uses, the environment and
other natural resources. The Legislature further finds that, due to the unknown consequences of such
an increase in activity, additional information on the cumulative impacts of mining is needed for
making decisions on future permits or amended permits for large-scale gold or silver mining
operations and is necessary prior to the time the board takes any action on such permits for acres in
excess of the limits established by § 45-6B-83.
Source: SL 1982, ch 305, § 2; SL 1989, ch 306, § 49A.
45-6B-3 Definition of terms.
45-6B-3.
Definition of terms.
Terms used in this chapter mean:
(1)
"Abandoned mined lands," lands that were mined for noncoal minerals and materials and
for which there is no continuing reclamation responsibility or responsibility for other
remedial action under state or federal laws;
(2)
"Affected land," land from which overburden is to be or has been removed and land upon
which overburden, waste rock, mine spoil, or mill tailings is to be or has been deposited;
land which is disturbed by the building of access roads, railroad loops, warehouses,
storage areas, or other support facilities for the purpose of mining; and land affected by
surface subsidence, unstable slopes, and other surface effects caused by underground mine
workings;
(3)
"Aquifer," a water-bearing bed or stratum of permeable rock, sand, or gravel capable of
yielding usable quantities of water to wells or springs;
(4)
"Black Hills," Lawrence County south of Interstate Highway 90, Meade County west and
south of Interstate Highway 90 and Pennington and Custer Counties west of South Dakota
Highway 79;
(5)
"Board," the Board of Minerals and Environment;
(6)
"Department," the Department of Environment and Natural Resources;
(7)
"Development," the work performed in relation to a deposit, following the exploration
required to prove minerals are in existence in commercial quantities but before production
activities, aimed at preparing the site for mining, defining further the ore deposit by
drilling or other means, conducting pilot plant operations, constructing roads or ancillary
facilities;
(8)
"Life of the mine permit," a permit to conduct a mining operation which is in effect if:
(a)
An operator continues to engage in the extraction of minerals and complies with
the provisions of this chapter;
(b)
Mineral reserves are shown by the operator to remain in the mining operation and
the operator plans to, or does, temporarily cease production for one hundred eighty
days or more if the operator files a notice thereof with the board stating the reasons
for nonproduction, a plan for ceasing production for one hundred eighty days or
more if the operator files a notice thereof with the board stating the reasons for
nonproduction, a plan for the resumption of production, and the measures taken to
comply with reclamation and other necessary activities as established by the board
to maintain the mine in a nonproducing state. The requirement of a notice of
temporary cessation does not apply to operators who resume operating within one
year and have included, in their permit applications, a statement following the
exploration required to prove minerals are in existence in that the affected lands are
to be used for less than one hundred eighty days per year;
(c)
Production is resumed within five years of the date production ended, or the
operator files a report requesting an extension of the period of temporary cessation
of production with the board stating the reasons for the continuation of
nonproduction and those factors necessary to, and the operator's plans for,
resumption of production. A temporary cessation of production may not be
continued for more than ten years without terminating the operation and fully
complying with the reclamation requirements of this chapter.
A life of the mine permit includes that period of time after cessation of production
necessary to complete reclamation of affected lands, until the board releases, in
writing, the operator from further reclamation obligations regarding the affected
land, declares the mining operation terminated, and releases the surety thereon;
(9)
"Milling," the beneficiation of a mined material from its natural occurrence in ore;
(10)
"Mineral," a substance with economic value, whether organic or inorganic, that can be
extracted from the earth, other than the following: water, oil, gas, sand, gravel, or rock to
be crushed and used in construction, pegmatite minerals, or limestone, sand, gypsum,
shale, or iron ore used in the process of making cement;
(11)
"Mining operation," the development or extraction of a mineral from its natural
occurrence on affected land. The term includes surface mining and surface operation, in
situ mining, the reprocessing of tailings piles, the disposal of refuse from underground
mining, and milling and processing located on the land described in the application for
a mining permit. The term does not include extraction of sand, gravel, or rock to be
crushed and used in construction, exploration activities, bulk sampling, the exploration
and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe,
borrow excavation for embankments, or the extraction of geothermal resources;
(12)
"Operator," any person, firm, partnership, limited liability company, association, or
corporation or any department, division or agency of federal, state, county, or municipal
government engaged in or controlling a mining operation;
(13)
"Overburden," all of the earth and other materials which are disturbed or removed, in the
original state, or as it exists after removal from its natural state in the process of surface
mining;
(14)
"Reclamation," the employment during and after a mining operation of procedures
reasonably designed to minimize as much as practicable the disruption from the mining
operation and to provide for the rehabilitation of affected land through the rehabilitation
of plant cover, soil stability, water resources, or other measures appropriate to the
subsequent beneficial use of such mined and reclaimed lands;
(15)
"Surface mining," the mining of minerals by removing the overburden lying above such
deposits and mining directly from the deposits thereby exposed. The term includes mining
directly from such deposits where there is no overburden and such practices as open cut
mining, open pit mining, strip mining, placer mining, quarrying, and dredging;
(16)
"Surface mining disturbed land," land from which overburden has been removed, land
upon which overburden, waste rock, mine spoil, or mill tailings have been deposited, land
mined which has no overburden, heap leach pads, and process ponds;
(17)
"Tailings," the discharged valueless product of a beneficiation process.
Source: SL 1982, ch 305, § 3; SL 1983, ch 308, § 1; SL 1988, ch 357, § 1; SL 1988, ch 358, § 1;
SL 1990, ch 353, § 5; SL 1990, ch 354, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 332,
§ 1; SL 1994, ch 351, § 107.
45-6B-4 Local government permit--Additional bond or surety not authorized--Conditional mining perm...
45-6B-4.
Local government permit--Additional bond or surety not authorized--Conditional
mining permit.
Any county or first or second class municipality which has adopted a comprehensive
plan and zoning ordinances may adopt ordinances or requirements governing mining operations
which are not inconsistent or in conflict with applicable state laws or administrative rules. However,
such county or municipality may not require additional bonds or sureties if the same are required by
state law or administrative rule. The Board of Minerals and Environm