Section 43-02-02.2-51 - Excursions - Remedial action1. If the verifying analysis indicates that an excursion has occurred, the operator shall submit to the department for review and approval a remedial plan and a ground water analysis report to include the following: a. A description of the excursion and its cause; b. The period of excursion, including exact dates and times; c. If the excursion has not been corrected, the time it is expected to continue; d. Steps taken or planned to reduce and prevent recurrence of the excursion; and e. Sample analyses for pH, calcium, magnesium, sodium, potassium, carbonate, bicarbonate, sulfate, chloride, silica, uranium, ammonia, nitrate, total dissolved solids (one hundred eighty degrees Celsius), specific conductance, and any other parameter specified by the department. One or more of these parameters may be excluded if the department determines that the concentration or value of a specific parameter is not likely to occur as a result of the mining operation. 2. The operator shall submit a remedial action report every two weeks. All reports must be mailed to the department, postmarked within two days after the end of each report period. The first report period begins the day the presence of a control parameter exceeding its upper limit value in a monitoring well is verified. The operator shall continue to submit remedial action reports until cleanup is accomplished. The operator may use any method the operator judges necessary and prudent to define the extent of the excursion and to clean up recovery fluids in an expeditious manner. N.D. Admin Code 43-02-02.2-51
Effective January 1, 2009.General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02