Costs of acquiring and installing any water treatment equipment that may be removed by creditors prior to or during bankruptcy proceedings must be included in the reclamation and postclosure financial assurance calculations. The board may, at its discretion, accept a first-priority lien on any water treatment equipment that must remain in order for the department to conduct required water treatment during final reclamation and postclosure care and maintenance in lieu of the calculations. An operator providing a lien on the equipment shall file an annual report with the department in sufficient detail to fully describe the condition, value, and location of all pledged equipment. The operator shall also immediately notify the department of any other interest that arises in the pledged equipment.

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 .