For mine permits in which postclosure water treatment is required, the operator shall submit estimated capital and replacement costs of the treatment system and estimated annual treatment costs to board staff for review and verification prior to inclusion in the reclamation financial assurance and postclosure financial assurance calculations. A ten-percent contingency cost must be applied to the total capital and annual treatment costs. The board may require more than a ten-percent contingency if the board determines additional contingency is warranted based on review of water treatment data. Board staff shall use their own estimate if they cannot verify the accuracy of the operator's estimate.

Source: 52 SDR 24, effective September 10, 2025 .

General Authority: SDCL 45-6B-81 .

Law Implemented: SDCL 45-6B-20 , 45-6B-20.1 , 45-6B-21 , 45-6B-55 , 45-6B-91 .