If necessary cleanup and remediation of environmental problems related to the site-specific activity for which security was provided in accordance with § 45-9-15 is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site-specific, board-approved remedial action plan, the state may use the remaining security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9 if forfeiture of the security was ordered solely or in part due to the failure of the operator to perform in accordance with the provisions of §§ 45-9 -5 to 45-9 -18, inclusive.
SDCL 34A-10-2.6