45-6C-41. Violation--Forfeiture of surety--Proceedings by attorney general.
The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §45-6C-37. Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question, plug the appropriate test holes, or forfeit the bond penalty.
Source: SL 1982, ch 306, §41.
Structure South Dakota Codified Laws
Title 45 - Mining, Oil and Gas
Chapter 06C - Mineral Exploration
Section 45-6C-1 - Citation of chapter.
Section 45-6C-2 - Legislative findings and policy.
Section 45-6C-3 - Definition of terms.
Section 45-6C-5 - Compliance with public land laws and this chapter.
Section 45-6C-6 - Notice of intent to conduct exploration operation--Items comprising notice.
Section 45-6C-7 - Notice form--Contents.
Section 45-6C-8 - Plan of reclamation--Contents.
Section 45-6C-9 - Map of exploration area.
Section 45-6C-11 - Notice to state archaeologist--Restrictions concerning site disturbances.
Section 45-6C-12 - Water rights or water pollution control restrictions.
Section 45-6C-13 - Time for commencement of exploration operation.
Section 45-6C-15 - Copies of intent and restrictions--Filing with county commissioners--Publication.
Section 45-6C-17 - Fee for notice of intent.
Section 45-6C-18 - Domestic water wells--Information required of operator.
Section 45-6C-20 - Criteria for determining amount of surety.
Section 45-6C-21 - Surety bond--Surety other than bond--Considerations by board.
Section 45-6C-22 - Cash or securities in lieu of surety.
Section 45-6C-23 - Surety payable to state--Conditions required.
Section 45-6C-24 - Surety liability continues until released.
Section 45-6C-25 - Surety penalty--Amount.
Section 45-6C-26 - Exploration operations--Applicable laws.
Section 45-6C-27 - Explosives.
Section 45-6C-28 - Capping, sealing, and plugging of test holes--Temporary delay.
Section 45-6C-29 - Capping, sealing, and plugging test holes--Rules.
Section 45-6C-31 - Test holes used for water wells.
Section 45-6C-32 - Roads and trails.
Section 45-6C-33 - Restoration of drill sites and affected land.
Section 45-6C-34 - Penetration of aquifer--Notice to board.
Section 45-6C-35 - Penetration of aquifer--Report required.
Section 45-6C-36 - Violation--Notice to operator.
Section 45-6C-37 - Violation--Cease and desist order.
Section 45-6C-38 - Violation--Hearing.
Section 45-6C-39 - Violation--Suspension of operations.
Section 45-6C-40 - Violation--Action for temporary restraining order or injunction.
Section 45-6C-41 - Violation--Forfeiture of surety--Proceedings by attorney general.
Section 45-6C-42 - Violation--Forfeiture of surety--Reclamation of land by board.
Section 45-6C-44 - Operator currently in violation--Filing notice of intent prohibited.
Section 45-6C-45 - Violation--Civil penalty--Liability for damages to environment.
Section 45-6C-46 - Refusal of access or interference with inspection as violation.
Section 45-6C-48 - Assistance provided by other departments and agencies.
Section 45-6C-49 - General powers of board.
Section 45-6C-51 - Exemption of educational and recreational activities.
Section 45-6C-53 - Transfer of notice of intent.
Section 45-6C-54 - Publication of application for a transfer of notice of intent--Contents.
Section 45-6C-55 - Confidentiality period of certain mineral exploration reports.