HB1273 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 45-6

B: An operator of a mine permitted under this chapter may temporarily cease production for one hundred eighty days or more provided the operator: (1) Files a request with the board pursuant to section of this Act to cease production for one hundred eighty days or more, stating: (a) The reasons for nonproduction; and (b) Any proposed time to resume production; (2) Takes measures to comply with reclamation and other necessary activities, as established by the board, to maintain the mine in a nonproducing state; and (3) Resumes production within five years of the date production temporarily ceased. 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. 31 The operator may file with the board a request for an extension of the period of temporary cessation of production. The operator must state the reasons for the continuation of nonproduction, and any proposed plan for resuming production. An operator may not continue a temporary cessation of production longer than ten years. If production ceases for longer than ten years, the operator must terminate the operation and comply with the reclamation requirements of this chapter. 6