Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.05 - MINE TAILINGS IMPOUNDMENT STRUCTURES RULES › Section 37.03.05.040 - BONDING

Current through August 31, 2023
An active surety bond or other means of acceptable surety
				payable to the Director of the Department of Water Resources shall be on file
				with the Director throughout the active life of the tailings disposal site. The
				purpose of this bond is to provide a means by which the tailings impoundment
				can be placed in a safe maintenance-free condition if abandoned by the owner
				without conforming to an abandonment plan approved by the Director.
				(3-30-23)
01.
Filing of
			 Bond
. The bond shall be filed prior to any issuance by the Director of a
			 certificate of approval for use of the mine tailings impoundment structure to
			 impound mine tailings slurry and shall run for the approval period covered on
			 the certificate of approval. (3-30-23)
02.
Provisions of Bond
. Bond
			 provisions shall provide that the surety may be held liable for a period of up
			 to five (5) years following notice of default on the bond. (3-30-23)
03.
Amount of Bond
. The bond
			 amount will be set by the Director and is subject to revision each time it is
			 renewed. The owner must obtain approval for the amount of his surety bond prior
			 to each renewal. (3-30-23)
04.
Cost Estimate Submitted by Engineer
. In order to provide a basis
			 for setting the bond amount, the engineer shall submit a cost estimate
			 acceptable to the Director, together with conceptual details needed to arrive
			 at the estimate, for abandonment of the facility at each proposed stage of its
			 construction. (3-30-23)
05.
Current Costs for Abandonment
. Bond amount will be based on current
			 costs for abandonment of the facility based on the approved cost estimate for
			 abandonment at the present construction condition or the next approved proposed
			 stage, whichever represents the larger bond amount. (3-30-23)
06.
Determination of Bond
			 Amount
. If the final abandonment is determined to be the most costly
			 condition, the owner may elect to use this as a basis for bonding throughout
			 the life of the project. The Director may, however, revise the bonding amount
			 to reflect updated costs when he feels it is necessary in order to maintain a
			 realistic bond. (3-30-23)
07.
Filing Initial Bond
. The initial bond shall be filed upon
			 completion of the first stage of construction and before the required
			 certificate of approval is issued to allow storage of mine tailings slurry in
			 the impoundment. No certificate of approval shall be renewed prior to filing by
			 the owner of a bond renewal in an amount approved by the Director.
			 (3-30-23)
08.
Filing Copy of
			 Performance Bond
. Upon the filing of a copy of a performance bond with
			 the Director, covering the terms and conditions of a state of Idaho mineral
			 lease or an approved reclamation plan, in which these documents specify
			 compliance with a plan of restoration of all mining operations, including the
			 tailings impounding structure, the Director may determine the bond required of
			 this section has been met, if the amount of the bond accurately reflects the
			 cost associated with the abandonment plan provided by the owner.
			 (3-30-23)