45-6B-91. Postclosure plan--Postclosure care--Financial assurance--Certification of completed postclosure activities--Liability of operator. The operator shall prepare a detailed postclosure plan for a mining operation. The plan shall include, at a minimum, a description of the activities, methods, procedures, and processes necessary to ensure the continued effectiveness of reclamation measures and compliance with applicable performance standards including, as necessary:

(1) Treatment of tailings to ensure continued neutralization or immobilization of any parameters of concern;

(2) Operation of monitoring systems;

(3) Inspection and maintenance activities to ensure compliance with all applicable reclamation, design, and operating criteria; and

(4) Procedures for maintaining the final cover and controlling erosion and fugitive dust.

For each mining operation requiring a postclosure plan, the operator shall begin postclosure care immediately following the release of reclamation surety and continue postclosure care for thirty years. The board may modify the permit to reduce the length of the postclosure care period at any time after reclamation surety release if a reduced period ensures compliance with all applicable performance standards. The board may modify the permit to extend the period beyond thirty years if necessary to ensure compliance with all applicable performance standards or design and operating criteria.

For each mining operation requiring a postclosure plan, the operator shall post with the board financial assurance to guarantee the costs of postclosure care and maintenance over the postclosure period.

After completion of postclosure care of the mine area, the operator shall submit to the department a statement certifying that postclosure activities have been completed in accordance with the postclosure plan. The department shall conduct an on-site inspection of the affected mine area, and provide public notice of its findings, at least thirty days prior to approving the certification of completion of postclosure care.

Liability of an operator for the affected mine area under this chapter shall continue until the certification of completion of postclosure care is approved by the board.

Source: SL 1992, ch 254, § 3.