74:07:01:09Financial assurance held after cancellation or

expiration of permit. Financial assurance may be held following cancellation or expiration of a permit for one or more of the following reasons as determined by the board: (1) A written request for release of the financial assurance has not been received from the owner or operator as required under § 74:07:01:10; (2) The owner or operator has not completed all postclosure, corrective, or site closure activities in accordance with the approved permit; (3) The owner or operator has an unresolved enforcement action or penalty judgment involving an impact covered by the financial assurance; or (4) The permitted activity or consequences of such activity continues to pose a significant risk of pollution, contamination, or degradation of the environment based on: (a) Findings of an on-site inspection of the permitted activity by the department; or (b) Information available to the department through monitoring or other reporting requirements included in the permit or permit conditions.

Source: 24 SDR 90, effective January 4, 1998.