Section 43-02-02.2-71 - Ground water contamination during the postclosure period1. Ground water contamination detected during the postclosure period must be confirmed by additional sampling conducted by the operator as required by the department and must be evaluated to determine whether remedial action is required. The remedial action required by the operator depends upon the extent of the contamination, based upon the following: a. Whether the contamination is a result of the mining operation; b. The impacts to the health and well-being of the people, animals, wildlife, aquatic life, and plant life affected; c. The social and economic value of the affected aquifer; d. The technical means required to, and the cost of, reducing or eliminating the contamination; e. The effect upon the environment; and f. The potential impacts to other waters of the state. 2. Based upon the evaluation, the department shall determine whether remedial action is required. If it is, the operator shall submit a remedial action plan. Depending upon the severity of the contamination and its consequences, the remedial actions may range from additional monitoring to a resumption of ground water restoration activity. The postclosure financial assurance must be recalculated to account for the cost of remedial actions. N.D. Admin Code 43-02-02.2-71
Effective January 1, 2009.General Authority: NDCC 38-12-02
Law Implemented: NDCC 38-12-02