In determining the adequacy of the remedial action plan required in § 74:29:11:38 proposed by the operator and in determining the additional steps needed to prevent an excursion into unauthorized zones or underground sources of drinking water, the following criteria and factors shall be considered by the department:

1. (1) Toxicity and volume of the injected fluid;
2. (2) Toxicity of formation fluids or by-products of injection;
3. (3) Whether or not any person is potentially affected by the injection;
4. (4) Geohydrology;
5. (5) History of the injection operation;
6. (6) Completion and plugging records;
7. (7) Abandonment procedures in effect at the time the well was abandoned; and
8. (8) Hydraulic connections with underground sources of drinking water.

Source: 33 SDR 160, effective April 17, 2007.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-41.