HB 1273 — revise certain mining statutes.

1273A26.482.22 101st Legislative Session 1273 South Dakota Legislature House Bill 1273 AMENDMENT 1273A FOR THE INTRODUCED BILL Introduced by:

B E IT ENACTED BY THE LEGISLATUREL EGISLATURE OF THE SSTATE TATE OF SOUTH D AKOTA :

1273A26.482.22 2 1273 (7)(6) "Development," the work performed in relation to a deposit, following the exploration required to prove minerals are in existence in commercial quantities but before production activities, aimed at preparing the site for mining, defining further the ore deposit by drilling or other means, conducting pilot plant operations, and constructing roads or ancillary facilities;

1273A26.482.22 3 1273 (7) "Large-scale mine," a mine permitted under this chapter that is:

(b) Which includes any temporary cessation of production, as described in sections 6 7 and 7 8 of this Act;

1273A26.482.22 4 1273 (14) "Reclamation," the employment during and after a mining operation of procedures reasonably designed to minimize as much as practicable the disruption from the mining operation and to provide for the rehabilitation of affected land through the rehabilitation of plant cover, soil stability, water resources, or other measures appropriate to the subsequent beneficial use of such the mined and reclaimed lands;

1273A26.482.22 5 1273 application to amend a small scale small-scale permit shall must include the application fee provided by § 45-6B-55.

That a NEW SECTION be added to chapter 45-6B:

No fee or surety under this chapter may be required of any unit of state government or any political subdivision of this state.

Section 5.

Section 6.5.

Except as provided in subsection 45-6B-3(6)(b) sections 6 7 and 7 8 of this Act, the operator shall annually file on the anniversary date of the permit a notice of intent to continue mining operations.

Section 7.6.

(1) Files a request with the board pursuant to section 7 8 of this Act to cease production for one hundred eighty days or more, stating:

An operator is not required to file a request for temporary cessation if the operator resumes mining within one year and has included, in the operator's permit application, a statement that the affected lands are to be used for less than one hundred eighty days per year.

1273A26.482.22 6 1273 AnThe operator ismay notfile requiredwith tothe fileboard a request for temporaryan cessationextension ifof the operatorperiod resumesof miningtemporary withincessation oneof yearproduction. and has included, in the operator's permit application, a statement that the affected lands are to be used for less than one hundred eighty days per year.

The operator may file with the board a request for an extension of the period of temporary cessation of production.

An operator may not continue a temporary cessation of production longer than ten five years.

If production ceases for longer than ten five years, the operator must terminate the operation and comply with the reclamation requirements of this chapter.

Section 8.7.

Section 9.8.

Section 10.9.

Overstrikes45-6B-81. indicate deleted language.

1273A 7 1273 45-6B-81.

(3)Overstrikes Establishindicate thedeleted procedurelanguage. for transfer of permits;

26.482.22 7 1273 (3) Establish the procedure for transfer of permits;

(8) Establish the procedure to address reclamation before or during a temporary cessation of mining activity, pursuant to subdivision 45-6B-3(6) sections 6 7 and 7 8 of this Act;

Section 11.10.

Part 3800), as amended to January 1, 2011, the Mined Land Reclamation Act (this chapter), the regulated substance discharges statutes in chapter 34A-12, the Resource Conservation and Recovery Act of 1976, as amended to January 1, 2011, the Comprehensive Environmental Response, Compensation and Liability Act of Overstrikes1980 indicate(P.L. deleted language.

1273A 8 1273 1980 (P.L.

94-469), as amended to January 1, 2011, Lawrence County extractive industries ordinances, as amended to January 1, 2011, and all rules and regulations promulgated to implement existing statutes, including rules dealing with air pollution, controlOverstrikes ofindicate visibledeleted emissions,language. open burning, control of particulate emissions, control of sulfur compound emissions, new source performance standards, standards of performance for storage vessels of petroleum liquids, air standards, spill control plans, buried tanks, water pollution, public water systems, and dredge and fill permit requirements.

Section26.482.22 12.8 1273 control of visible emissions, open burning, control of particulate emissions, control of sulfur compound emissions, new source performance standards, standards of performance for storage vessels of petroleum liquids, air standards, spill control plans, buried tanks, water pollution, public water systems, and dredge and fill permit requirements.

Section 11.

Section 13.12.

Overstrikes45-6B-94. indicate deleted language.

1273A 9 1273 45-6B-94.

Section 14.13.

45-6B-95.Overstrikes indicate deleted language.

26.482.22 9 1273 45-6B-95.

Section 15.14.