State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE AGRICULTURE AND NATURAL RESOURCES
ENGROSSED NO. SB 59 - 02/26/2013
Introduced by: The Committee on Agriculture and Natural Resources at the request of the
Department of Environment and Natural Resources
FOR AN ACT ENTITLED, An Act to prohibit the disposal of certain oil and gas field wastes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as
No saltwater, crude oil, waste oil, or other oil or gas field liquid wastes may be stored in an
earthen pit or open receptacle unless the facility is directly associated with the development of
a specific well or producing property and receives liquid wastes only from that specific well or
Section 2. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as
Radionuclides found in nature, such as radium, thorium, and uranium, that have become
concentrated through human activities, and which have been generated during oil and gas
production activities with a total laboratory-measured radioactivity level of Radium-226 plus
Radium-228 greater than 5 picocuries/gram above the background radioactivity level, are
prohibited from being disposed of at any solid waste facility permitted under this chapter. The
background radioactivity level is as measured at each individual permitted solid waste facility.
All radioactivity levels shall be measured using methods and procedures approved by the
Department of Environment and Natural Resources.