Section 43-02-02.2-66 - Reclamation of surface facilities1. Unless otherwise approved by the department, the reclamation of surface facilities shall include the removal of all buildings, roads, and structures, and the surface restored to its original contour. Tailings impoundments and ponds must be reclaimed and filled in. All grading, backfilling, and topographic reconstruction must control erosion and sedimentation, protect areas outside the affected land from slides or other damage, and minimize the need for long-term maintenance. 2. Pond and impoundment reclamation must meet the following requirements: a. Pond sludges must be chemically characterized to determine whether further treatment is necessary before disposal. Sludges must be removed for disposal at an offsite permitted solid waste facility or buried and covered onsite in a solid waste facility permitted in accordance with the applicable solid waste rules in article 33.1-20;b. Geomembranes must be removed from impoundments, unless it is demonstrated to the department's satisfaction that they will serve a useful function consistent with the approved postmining land use. The geomembrane material must be disposed of in a permitted landfill or may be disposed of onsite only if the operator first secures a solid waste permit in compliance with the North Dakota solid waste rules in 33.1-20; andc. Radioactive waste shall be disposed of in accordance with a United States nuclear regulatory commission source material license.N.D. Admin Code 43-02-02.2-66
Effective January 1, 2009.Amended by Administrative Rules Supplement 2020-378, October 2020, effective 10/1/2020.General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02