45-6-78. Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.
Any mining operator may request from the department a temporary cessation of the license to mine for a period of no more than three years. A temporary cessation may be requested if no mining has occurred within the past one hundred days. A mining license is not in a state of temporary cessation if one of the following occurs:
(1)The mining under the license resumes within one year;
(2)Mining has been completed and only final reclamation and related activities remain to be completed; or
(3)A mining license has been issued, but the mining operation has not begun.
The provisions of §45-6-72 do not apply to the license during the period of a temporary cessation. All provisions of §§45-6-78 and 45-6-79 shall be met before a request may be granted by the department. The department shall grant a temporary cessation within ten days after a proper request is received. A license to mine shall be reinstated if the operator requests reinstatement and the one hundred dollar annual fee is submitted to the department.
Source: SL 1992, ch 254, §87; SL 1993, ch 34, §7.
Structure South Dakota Codified Laws
Title 45 - Mining, Oil and Gas
Chapter 06 - Sand, Gravel And Construction Aggregate Mining
Section 45-6-64 - Sand, gravel and construction aggregate mining--Definitions.
Section 45-6-65 - License required--Compliance with requirements--Fee.
Section 45-6-66 - Governmental units exempt from fee and security requirements.
Section 45-6-67 - Operating and reclamation standards.
Section 45-6-67.1 - Reclamation by owner--Time limit--Extension--Forfeiture of surety.
Section 45-6-68 - Publication of notice of mine operation--Contents.
Section 45-6-69 - Notice of operation to public agencies--Contents--Time required.
Section 45-6-70 - Emergency waiver of notice requirements.
Section 45-6-71 - Security required--Amount--Conditions--Alternatives.
Section 45-6-72 - Annual fee and report.
Section 45-6-73 - Operation without license as misdemeanor.
Section 45-6-74 - Revocation of license.
Section 45-6-75 - Appeal to board from revocation or denial of license.
Section 45-6-77 - Exemption of extraction for personal use.
Section 45-6-79 - Filing request for temporary cessation--Contents.