HB1287 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 45-6

Any operator that uses explosives in its mining operation must report its use of explosives to the department within ninety days of the date this Act becomes effective. Use of explosives by any contractor, subcontractor, or agent of the operator is considered use by the operator for purposes of this section. In order to mine any of the materials listed in this section with the use of explosives, on or after July 1, 2026, the operator of any new or expanding mining operation shall obtain a permit under chapter 45-6B. Any operator that fails to obtain the required permit is subject to the penalties provided in chapter 45-6B. If, for good cause, an operator is unable to obtain a permit by July 1, 2026, the operator may request that the department grant a six-month extension of the license while the operator is applying for a permit. Operators who mine with the use of explosives under permits granted under chapter 45-6 must obtain permits under chapter 45-6B. The department shall implement a schedule for operators to transition to permits under chapter 45-6B starting July 1, 2026. The schedule may allow twenty percent of the operators in each of the consecutive five years from the date this Act becomes effective to transition to the new permits. 12

Section 45-6-65 — AMENDED

45-6-65. An operator shall obtain a license to ~~mine:~~ mine any of the following materials, provided they are extracted by means that do not include the use of explosives: (1) Sand; (2) Gravel; (3) Rock to be crushed and used in construction; (4) Pegmatite minerals; (5) Limestone; and (6) Iron ore, gypsum, shale, pozzolan, and other materials used in the process of making cement or lime. The operator shall comply with the requirements of §§ 45-6-68, 45-6-69, 45-6-71, and 45-6-72, for each site to be mined. Failure to comply with these requirements for each site mined constitutes mining without a license. The fee for the license is one hundred dollars annually, for each mine site authorized under the license. The department shall forward any fees collected under this section to the state treasurer for deposit in the environment and natural resources fee fund established in § 1-41-23. 20