NDAC 43-02-02.2-66
Reclamation of surface facilities
Cite as N.D. Admin. Code ยง 43-02-02.2-66
1.
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 article 33.1-20;
and
c.
Radioactive waste shall be disposed of in accordance with a United States nuclear
regulatory commission source material license.