In the event the amount of financial assurance forfeited is insufficient to pay for the full cost of reclamation or postclosure care and maintenance, the operator is liable for the remaining costs. The board may recover from the operator all reasonably incurred reclamation and postclosure costs in excess of the amount forfeited.

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-24 , 45-6B-48 , 45-6B-49 , 45-6B-50 , 45-6B-51 , 45-6B-55 , 45-6B-66 , 45-6B-67 , 45-6B-91 .