Section 45-6B-47 - Transfer of permit--Application--Release of first operator and surety as toreclamation--Transfer fee. - South Dakota Statutes

45-6B-47. Transfer of permit--Application--Release of first operator and surety as to reclamation--Transfer fee. Any mining operation permit may be transferred. If one operator succeeds another at any uncompleted operation, he shall make application for a transfer to the Board of Minerals and Environment. The board may not deny a transfer unless the operation is not in compliance or cannot be brought into compliance, with all applicable local, state, and federal laws pertaining to the operation prior to the transfer, or unless the successor operator is in violation of state statutes, rules, mining permit conditions, or requirements with respect to any mining operation in the state. The board shall release the first operator from all liability as to that particular reclamation operation and shall release his surety as to such operation if the successor operator assumes, as part of his obligation under this chapter, all liability for the reclamation of the affected land, and his obligation is covered by an appropriate surety as to such affected land. Notice of a transfer shall be given to the board and accompanied by a one hundred dollar transfer fee.

Source: SL 1982, ch 305, § 47; SL 1988, ch 360, § 2.