A large-scale heap leach gold mine shall submit a cash deposit that complies with the requirements of § 74:29:12:07 to cover holding costs for a period of time until proceeds from a forfeited reclamation financial assurance instrument are received by the department. Holding costs cover expenses the department incurs for work necessary to ensure a mine remains in compliance with SDCL chapters 34A-2 and 45-6B during the interim period between bankruptcy of the operator and the payment of proceeds from the forfeiture to the department. The calculation for these holding costs must be part of the reclamation financial assurance calculation, and the cash deposit must be submitted at the same time as the reclamation financial assurance.

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-23 , 45-6B-55 , 45-6B-91 .