§ 74-80. Abandonment.
§74‑80. Abandonment.
All exploration holes shall beabandoned by adequately plugging them with cement from the bottom of the holeupward to a point three feet below ground surface. The remainder of the holebetween the top of the plug and the surface shall be filled with cuttings ornontoxic material.
If multiple aquifers areencountered that have alternating usable quality water and salt water zones, orif other conditions determined by the Department to be potentially deleteriousto surface or ground water are encountered, the conditions must be isolatedimmediately by cement plugs. Each such hole shall be plugged with cement toprevent water from flowing into or out of the hole or mixing within the hole.Usable quality water is ground water that is used or can be used for abeneficial purpose, including, domestic, livestock, irrigation or industrialuses.
Alternative pluggingprocedures and materials may be utilized when the applicant has demonstrated tothe Department's satisfaction that the alternatives will protect ground watersand comply with the provisions of this Article. In the event that a hole ismore suitably plugged with a nonporous material other than cement, the materialshall have sealing and lasting characteristics at least equal to cement.
All other excavations ordisturbances made in connection with exploration activities shall be adequatelyreclaimed so as to protect the natural resources of the surrounding area andto prevent the release of toxic substances.
Abandonment shall be undertakenas soon as practicable after exploration, except if multiple aquifers or otherconditions potentially deleterious to surface or ground water are encountered.In any event, all abandonment shall be accomplished no later than 30 daysfollowing completion of exploration activity in an area of affected land. (1983,c. 279, s. 1.)