reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Board of Environmental Quality, pursuant to authority
				granted in Chapters 1, 36, and 76, Title 39, Idaho Code, did adopt the
				following rules for the administration of the Wastewater and Drinking Water
				Loan Funds. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.12, "Rules for Administration
			 of Wastewater and Drinking Water Loan Funds." (3-24-22)
02.
Scope
. The provisions of
			 these rules will establish administrative procedures and requirements for
			 establishing, implementing and administering two (2) state loan programs for
			 providing financial assistance to eligible applicants of wastewater and
			 drinking water projects. The U.S. Environmental Protection Agency provides
			 annual capitalization grants to the state of Idaho for these programs.
			 Financial assistance projects must be in conformance with the requirements of
			 the Subchapter VI of the federal Clean Water Act (
			 33 U.S.C. Sections
			 1381 et seq.) and the Safe Drinking Water Act
			 ( 42 U.S.C. Section
			 300j et seq.). (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under these rules pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.004 - INCORPORATION BY REFERENCE AND AVAILABILITY OF REFERENCED MATERIAL

Current through August 31, 2023
01.
Incorporation by Reference
.
			 These rules do not contain documents incorporated by reference.
			 (3-24-22)
02.
Availability of
			 Referenced Material
. The "Customer Handbook Grants and Loans Program"
			 (Handbook) is available at the Idaho Department of Environmental Quality, 1410
			 N. Hilton, Boise, ID 83706-1255, (208) 373-0502, or DEQ website
https://www.deq.idaho.gov
.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.005 - CONFIDENTIALITY

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Chapter 1, Title 74,
				Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure
				of Records in the Possession of the Idaho Department of Environmental Quality."
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.006 - POLICY

Current through August 31, 2023
It is the policy of the Idaho Board of Environmental Quality
				through the Idaho Department of Environmental Quality, to administer the
				Wastewater Loan Fund for the purpose of protecting and enhancing the quality
				and value of the water resources of the state of Idaho by financially assisting
				in the prevention, control and abatement of water pollution and the Drinking
				Water Loan Fund for the purpose of providing assistance to eligible public
				drinking water systems for the planning, design, and construction of facilities
				to ensure safe and adequate drinking water. It is also the intent of the Idaho
				Board of Environmental Quality to assign a priority rating to those projects
				that will most significantly improve the quality of the waters of the state and
				most adequately protect the public health. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.007 - DEFINITIONS

Current through August 31, 2023
For the purpose of the rules contained in this chapter, the
				following definitions apply: (3-24-22)
01.
Applicant
.
a. When used in the context of wastewater
			 loan fund, applicant is defined as a municipality or nonpoint source project
			 sponsor that has the ability to establish and maintain a loan repayment source.
			 Individuals and for-profit corporations are not eligible. (3-24-22)
b. When used in the context of drinking water
			 loan fund, applicant is defined as any eligible system making application for
			 drinking water loan funds. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.008 - ELIGIBLE SYSTEMS

Current through August 31, 2023
01.
Basic
			 Drinking Water Considerations
. Public and private community water
			 systems and nonprofit noncommunity water systems. (3-24-22)
02.
Basic Wastewater
			 Considerations
. Municipal or non-profit owned wastewater point source
			 treatment facilities, lagoons, reuse facilities, and systems using nonpoint
			 source methodologies of wastewater disposal. (3-24-22)
03.
Assistance to Ensure
			 Compliance
. Public water systems not eligible for project loans may
			 receive assistance if: (3-24-22)
a. The use of
			 the assistance will ensure compliance; (3-24-22)
b. The owner or operator of the system agrees
			 to undertake feasible and appropriate changes in operations (including
			 ownership, management, accounting, rates, maintenance, consolidation,
			 alternative water supply, or other procedures); (3-24-22)
c. The Department determines that the
			 measures are necessary to ensure that the system has the technical, managerial,
			 and financial capability to comply with state and federal drinking water
			 requirements over the long term; and (3-24-22)
d. Prior to providing assistance under this
			 section to a public water system that is in significant noncompliance with any
			 requirement of IDAPA 58.01.08, "Idaho Rules for Public Drinking Water Systems,"
			 and the Safe Drinking Water Act (
			 42 U.S.C. Section
			 300j et seq.), the Department conducts a
			 review to determine whether this section applies to the system.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.009 - INELIGIBLE SYSTEMS

Current through August 31, 2023
01.
Basic
			 Considerations
. Systems not eligible for project loans are described in
			 Subsection 009.02. (3-24-22)
02.
Systems Not Eligible
. The
			 following systems will not be considered eligible for project loans: (3-24-22)
a. Wastewater systems that are owned by
			 individuals or for-profits; (3-24-22)
b. Drinking water systems in significant
			 noncompliance with any requirement of IDAPA 58.01.08, "Idaho Rules for Public
			 Drinking Water Systems," and the Safe Drinking Water Act (
			 42 U.S.C. Section
			 300j et seq.); (3-24-22)
c. Drinking water systems under disapproval
			 designation as outlined in IDAPA 58.01.08, "Idaho Rules for Public Drinking
			 Water Systems"; or (3-24-22)
d.
			 Systems delinquent in payment of fines, state revolving fund loans, penalties,
			 or fee assessments due to DEQ. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.010 - FINANCIAL AND MANAGEMENT CAPABILITY ANALYSIS

Current through August 31, 2023
No loans shall be awarded for projects unless the applicant has
				demonstrated and certified that it has the legal, technical, managerial, and
				financial capabilities as provided for in these rules to ensure construction,
				operation and maintenance, and to repay principal and interest which would be
				due on a loan. (3-24-22)
01.
Information Needed
. Before an application will be considered
			 complete, the applicant must submit all necessary information on a form
			 prescribed by the Department along with substantiating documentation. The
			 information may include, but not be limited to, demographic information of the
			 applicant, estimated construction or implementation costs, annual operating
			 costs, and information regarding the financing of the project, including the
			 legal debt limit of the applicant and the existence and amount of any
			 outstanding bonds or other indebtedness which may affect the project.
			 (3-24-22)
02.
Incorporated
			 Nonprofit Applicants
. (3-24-22)
a. In
			 addition to all other information required to be submitted by these rules, an
			 incorporated nonprofit applicant must demonstrate to the satisfaction of the
			 Department by its articles of incorporation and/or bylaws, that: (3-24-22)
i. The corporation is nonprofit and lawfully
			 incorporated pursuant to Chapter 3, Title 30, Idaho Code; (3-24-22)
ii. The corporation is authorized to incur
			 indebtedness to construct, improve or repair wastewater or drinking water
			 facilities and/or implement water pollution control nonpoint source projects;
			 (3-24-22)
iii. The corporation is
			 authorized to secure indebtedness by pledging corporation assets, including any
			 revenues raised through a user charge system; (3-24-22)
iv. The corporation exists either perpetually
			 or for a period long enough to repay a project loan; and (3-24-22)
v. The corporation is capable of raising
			 revenues sufficient to repay a loan. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.020 - PRIORITY RATING SYSTEM

Current through August 31, 2023
Projects are identified for placement on priority lists by
				surveying eligible entities directly on an annual basis. Limited loan funds are
				awarded to projects based on priority ratings and readiness to proceed.
				Projects are rated by the Department on a standard priority rating form using
				public health, sustainability, the condition of the existing system and water
				quality criteria. (3-24-22)
01.
Purpose
. A priority rating system shall be utilized by the
			 Department to annually allot available funds to wastewater and drinking water
			 projects determined eligible for funding assistance under these rules.
			 (3-24-22)
02.
Wastewater
			 Priority Rating
. The priority rating system shall be based on a
			 numerical point system. Priority criteria shall contain the following points:
			 (3-24-22)
a. Public health emergency or hazard
			 certified by the Idaho Board of Environmental Quality, the Department, a
			 District Health Department or by a District Board of Health - one hundred and
			 fifty (150) points. (3-24-22)
b.
			 Regulatory compliance issues (e.g., noncompliance and resulting legal actions
			 relating to infrastructure deficiencies at a wastewater facility) -- up to one
			 hundred (100) points. (3-24-22)
c.
			 Watershed restoration (e.g., implementation of best management practices or
			 initiation of construction at wastewater collection and treatment facilities as
			 part of an approved total maximum daily load plan, implementation of nonpoint
			 source management actions in protection of a threatened water, or is part of a
			 special water quality effort) -- up to one hundred (100) points.
			 (3-24-22)
d. Watershed protection
			 from impacts (e.g., improvement of beneficial use(s) in a given water body,
			 evidence of community support, or recognition of the special status of the
			 affected water body) -- up to one hundred (100) points. (3-24-22)
e. Preventing impacts to uses (nonpoint
			 source pollution projects) -- up to one hundred (100) points.
			 (3-24-22)
f. Sustainability efforts
			 (e.g., prospective efforts at energy conservation, water conservation,
			 extending the life of capital assets, green building practices, and other
			 environmentally innovative approaches to infrastructure repair, replacement and
			 improvement) -- up to fifty (50) points. (3-24-22)
g. Affordability (current system user charges
			 exceed state affordability guidelines) -- ten (10) points.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.022 - SUPPLEMENTAL GRANTS

Current through August 31, 2023
In conjunction with loans, the Department may award state
				funded supplemental grants, not to exceed ninety percent (90%) of total
				eligible costs, to loan recipients in the following manner: (3-24-22)
01.
Projects Not Funded by
			 Loans
. Planning and design projects may receive grant assistance up to
			 ninety percent (90%) funding of eligible costs not funded by a loan; and
			 (3-24-22)
02.
Costs in Excess
			 of Financial Ability
. (3-24-22)
a.
			 Loan recipients may receive supplemental grant assistance for eligible costs
			 that exceed the amount a loan recipient is able to pay. In order to qualify for
			 a supplemental grant, a loan recipient must have the following: (3-24-22)
i. An annual user rate per household which
			 exceeds one and one-half percent (1 1/2%) of the median household income from
			 the most recent census data. If the loan recipient's service area is not within
			 the boundaries of a municipality, the loan recipient may use the census data
			 for the county in which it is located or may use an income survey approved by
			 the Department; and (3-24-22)
ii.
			 The annual user rate includes all operating, maintenance, replacement and debt
			 service costs, both for the existing system and for upgrades.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.030 - PROJECT SCOPE AND FUNDING

Current through August 31, 2023
Loan funds awarded under this program may be used to prepare a
				facility planning document which identifies the cost effective and
				environmentally sound alternative to achieve or maintain compliance with IDAPA
				58.01.08, "Idaho Rules for Public Drinking Water Systems," the Safe Drinking
				Water Act, 42 U.S.C.,
				Sections 300j et seq., IDAPA 58.01.16,
				"Wastewater Rules," and the Clean Water Act,
				33 U.S.C. Sections
				1381 et seq., and which is approvable by the
				Department. Loan funds may also be used for design and construction of the
				chosen alternative. (3-24-22)
01.
Nonpoint Source Implementation Funding
. Eligible nonpoint source
			 water pollution control projects may be funded when all of the following
			 criteria are met: (3-24-22)
a. Consistent
			 with and implements the Idaho Nonpoint Source Management Plan.
			 (3-24-22)
b. Data is used to
			 substantiate a nonpoint source pollutant problem or issue exists and is
			 described or directly referenced. (3-24-22)
c. Completed project implementation plan or
			 work plan. (3-24-22)
d. Project
			 commitment documentation through demonstrated ability for loan repayment.
			 (3-24-22)
e. The project includes
			 documentation that the project owner(s), manager(s), or the sponsoring agency
			 will maintain the project for the life of the project (e.g., Maintenance
			 Agreement). (3-24-22)
f. The
			 project provides adequate tracking and evaluation of the effectiveness of the
			 water quality improvements being funded by either the project owner/manager or
			 the sponsoring agency throughout the life of the project. (3-24-22)
g. The project demonstrates nexus/benefit to
			 municipality through a letter of support from one (1) or more affected
			 municipalities. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.031 - LIMITATION OF PRELOAN ENGINEERING REVIEWS

Current through August 31, 2023
Preloan engineering documents prepared by consulting engineers
				will be reviewed by Department staff only when accompanied by a certificate
				that the consulting engineer carries professional liability insurance in
				accordance with Section
				050. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.032 - LOAN FEE

Current through August 31, 2023
01.
Loan
			 Fee
. The Department may elect to impose a loan fee when necessary to
			 offset the costs of administering the loan program, to provide planning
			 assistance, or to otherwise facilitate the operation of the loan efforts. The
			 loan fee shall not exceed one percent (1%) of the unpaid balance of the loan at
			 the time each loan payment is due. (3-24-22)
02.
Effect on Loan Interest
			 Rate
. The loan interest rate, as described in Section
			 050, will be reduced by the
			 corresponding percentage of the loan fee. (3-24-22)
03.
Payment of Loan Fee
. The
			 loan fee shall be due and payable concurrently with scheduled loan principal
			 and interest repayments over the repayment period. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.041 - DETERMINATION OF ELIGIBILITY OF COSTS

Current through August 31, 2023
The Department will review the application, including any
				contracts required to be submitted with the application, to determine whether
				the costs are eligible costs for funding. (3-24-22)
01.
Eligible Costs
. Eligible
			 costs are those determined by the Department to be: (3-24-22)
a. Necessary costs; (3-24-22)
b. Reasonable costs; and (3-24-22)
c. Costs that are not ineligible as described
			 in Section 041. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.042 - ENVIRONMENTAL REVIEW

Current through August 31, 2023
01.
Environmental Documentation
. Guidance on how to complete an
			 environmental review is found in the Handbook. For eligible projects funded
			 solely with non-federal funds (e.g. State Revolving Loan Fund repayments), see
			 Section 042. For
			 eligible projects, the loan recipient shall complete an environmental review as
			 part of and in conjunction with a planning document. Projects funded
			 exclusively as nonpoint or estuary management projects may not be required to
			 complete an environmental review. The loan recipient shall consult with the
			 Department at an early stage in the loan process to determine the required
			 level of environmental review. Based on review of existing information, and
			 assessment of environmental impacts, the loan recipient shall complete one (1)
			 of the following per the Department's instruction: (3-24-22)
a. Submit a request for Categorical Exclusion
			 (CE) with supporting backup documentation as specified by the Department;
			 (3-24-22)
b. Prepare an
			 Environmental Information Document (EID) in a format specified by the
			 Department; or (3-24-22)
c. Prepare
			 an Environmental Impact Statement (EIS) in a format specified by the
			 Department. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.051 - ACCOUNTING AND AUDITING PROCEDURES

Current through August 31, 2023
Loan recipients must maintain project accounts in accordance
				with generally accepted accounting principles. Projects may be audited on an
				annual basis according to government auditing standards issued by the U.S.
				Governmental Accountability Office. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.060 - DISBURSEMENTS

Current through August 31, 2023
01.
Loan Disbursements
. Requests
			 to the Department for actual disbursement of loan proceeds will be made by the
			 loan recipient on forms provided by the Department. (3-24-22)
02.
Loan Increases
. An increase
			 in the loan amount as a result of an increase in eligible project costs will be
			 considered, provided funds are available. Documentation supporting the need for
			 an increase must be submitted to the Department for approval prior to incurring
			 any costs above the eligible cost ceiling. (3-24-22)
03.
Loan Decreases
. If the
			 actual eligible cost is determined by the Department to be lower than the
			 estimated eligible cost the loan amount will be reduced proportionately.
			 (3-24-22)
04.
Project Review
			 to Determine Final Eligible Costs
. A project review by the Department or
			 a Department designee will determine the final eligible costs.
			 (3-24-22)
05.
Final
			 Disbursement
. The final loan disbursement consisting of five percent
			 (5%) of the total loan amount shall not be made until final inspection, final
			 review, and a final loan repayment schedule have been completed.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.061 - LOAN CONSOLIDATION

Current through August 31, 2023
If two (2) or more loans are consolidated into one (1) loan,
				the interest rate for the consolidated loan will be at the same rate as the
				loan being consolidated with the lowest interest rate. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.080 - SUSPENSION OR TERMINATION OF LOAN CONTRACTS

Current through August 31, 2023
01.
Causes
. The Director may suspend or terminate any loan contract
			 prior to final disbursement for failure by the loan recipient or its agents,
			 including engineering firm(s), contractor(s) or subcontractor(s) to perform. A
			 loan contract may be suspended or terminated for good cause including, but not
			 limited to, the following: (3-24-22)
a.
			 Commission of fraud, embezzlement, theft, forgery, bribery, misrepresentation,
			 conversion, malpractice, misconduct, malfeasance, misfeasance, falsification or
			 unlawful destruction of records, or receipt of stolen property, or any form of
			 tortious conduct; or (3-24-22)
b.
			 Commission of any crime for which the maximum sentence includes the possibility
			 of one (1) or more years' imprisonment or any crime involving or affecting the
			 project; or (3-24-22)
c.
			 Violation(s) of any term of the loan contract; or (3-24-22)
d. Any willful or serious failure to perform
			 within the scope of the project, plan of operation and project schedule, terms
			 of engineering subagreements, or contracts for construction; or
			 (3-24-22)
e. Debarment of a
			 contractor or subcontractor for good cause by any federal or state agency from
			 working on public work projects funded by that agency.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.12 - RULES FOR ADMINISTRATION OF WASTEWATER AND DRINKING WATER LOAN FUNDS › Section 58.01.12.995 - WAIVER OF REQUIREMENTS AND AMENDMENT OF PRIORITY LIST

Current through August 31, 2023
The Director may amend the Priority List and grant a waiver
				from the requirements of these rules on a case-by-case basis upon full
				demonstration by the loan recipient requesting the waiver that the following
				conditions exist. See also Section
				020 of these rules.
				(3-24-22)
01.
Health
			 Hazard
. A significant public health hazard exists; (3-24-22)
02.
Water Contamination
. A
			 significant water contamination problem exists; (3-24-22)
03.
Pollution
. A significant
			 point source of pollution exists causing a violation of Idaho Department of
			 Environmental Quality Rules, IDAPA 58.01.02, "Water Quality Standards"; or
			 (3-24-22)
04.
Affordability
			 Criteria Exceeded
. The project will exceed affordability criteria
			 adopted by the Department in the event the waiver is not granted.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 39, Chapter 1, Idaho Code, grants the authority to the
				Board of Environmental Quality to adopt rules, regulations and standards to
				protect the environment and the health of the State; grants authority to the
				Director to issue permits as prescribed by law and by the rules of the Board;
				and requires Department of Environmental Quality review and approval of plans
				and specifications for all new facilities, or for modifications or expansions
				to existing facilities, that process ore by cyanidation; and authorizes the
				Director to require reasonable fees for processing permit applications and for
				services rendered by the Department. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.001 - TITLE, SCOPE AND INTENT

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.13, "Rules for Ore
			 Processing by Cyanidation." (3-24-22)
02.
Scope and Intent
. (3-24-22)
a. These rules establish the procedures and
			 requirements for the issuance and maintenance of a permit to construct, operate
			 and close that portion of a cyanidation facility that is intended to contain,
			 treat or dispose of process water or process-contaminated water containing
			 cyanide. The provisions of these rules also establish requirements for water
			 quality that address performance, construction, operation and closure of that
			 portion of any cyanidation facility that is intended to contain, treat, or
			 dispose of process water. These rules are intended to ensure that process water
			 and process-contaminated water generated in ore processing operations that
			 utilize cyanide as a primary leaching agent and pollutants associated with the
			 cyanidation process are safely contained, controlled, and treated so that they
			 do not interfere with the beneficial uses of waters and do not endanger public
			 safety or the environment. (3-24-22)
b. Compliance with a permit issued under
			 these rules does not release the permittee from liability for any unauthorized
			 discharge to or any unauthorized degradation of waters caused by the facility.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.003 - ADMINISTRATIVE PROVISIONS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under these rules pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.006 - CONFIDENTIALITY OF RECORDS

Current through August 31, 2023
Information obtained by the Department under these rules is
				subject to public disclosure pursuant to the provisions of Title 74, Chapter 1,
				Idaho Code, and IDAPA 58.01.21, "Rules Governing the Protection and Disclosure
				of Records in the Possession of the Idaho Department of Environmental Quality."
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.007 - DEFINITIONS

Current through August 31, 2023
The terms "cyanidation," "cyanidation facility," "Department,"
				"Director," "State," and "Waters" have the meaning provided for that term in
				Section 39-103, Idaho Code. The term
				"ground water" has the meaning provided in Section
				39-121, Idaho Code.
				(3-24-22)
01.
Beneficial
			 Use
. As defined in IDAPA 58.01.02, "Water Quality Standards," Section
			 010, as amended.
			 (3-24-22)
02.
Best Management
			 Practices (BMPs)
. As defined in IDAPA 58.01.02, "Water Quality
			 Standards," Section 010, as
			 amended. (3-24-22)
03.
Degradation
. When referring to surface water, "degradation" has
			 the meaning provided in IDAPA 58.01.02, "Water Quality Standards," Section
			 010. When referring to ground
			 water, "degradation" has the meaning provided in IDAPA 58.01.11, "Ground Water
			 Quality Rule," Section
			 007. (3-24-22)
04.
Discharge
. When used without
			 qualification, any spilling, leaking, emitting, escaping, leaching, or
			 disposing of a pollutant into waters. (3-24-22)
05.
Idaho Pollutant Discharge
			 Elimination System (IPDES) Permit
. A permit issued by the Department for
			 the purpose of regulating discharges into surface waters. (3-24-22)
06.
Land Application
. A process
			 or activity involving application of liquids or slurries potentially containing
			 cyanide from the cyanidation facility to the land surface for the purpose of
			 treatment, neutralization, disposal, or ground water recharge.
			 (3-24-22)
07.
Liner
. A
			 continuous layer of natural or man-made materials beneath and, if applicable,
			 on the sides of ponds, tailings impoundments, or leach pads that restricts the
			 downward and lateral movement of liquids. (3-24-22)
08.
Material Modification or Material
			 Expansion
. (3-24-22)
a. Any change to
			 a permitted cyanidation facility, except as provided in Subsection
			 007.08.b., that the Department
			 determines will: (3-24-22)
i. Cause or
			 increase the potential to cause degradation of waters, such as a new
			 cyanidation process or cyanidation facility component; (3-24-22)
ii. Significantly change the capacity,
			 location, or process of an existing cyanidation facility component; or
			 (3-24-22)
iii. Change the site
			 condition in a manner that is not adequately described in the original permit
			 application. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.010 - APPLICABILITY TO FACILITIES WITH EXISTING PERMITS

Current through August 31, 2023
A cyanidation facility with an existing permit approved by the
				Department prior to July 1, 2005, is subject to the applicable laws and rules
				for ore processing by cyanidation in effect on June 30, 2005. Material
				modifications or material expansions of such facilities are subject to Section
				39-118A, Idaho Code.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.050 - PRE-APPLICATION PROCESS AND PRELIMINARY DESIGN

Current through August 31, 2023
01.
Pre-application Conference
. Any person who intends to apply for a
			 permit or proposes to construct or operate a facility that is intended to
			 contain, treat, or dispose of process water and process-contaminated water
			 generated in ore processing operations that utilize cyanide as a primary
			 leaching agent should contact the Department during the initial stages of site
			 characterization to schedule a pre-application conference. Prospective
			 applicants are encouraged to begin meeting with agents of the Department at
			 least one (1) year in advance of preliminary design submittal to discuss, at a
			 minimum, the following. (3-24-22)
a.
			 Environmental baseline data requirements; waste characterization requirements;
			 siting requirements; operation and maintenance plans; emergency and spill
			 response plans; quality assurance/quality control plans; required contents for
			 permit applications; agency cyanidation facility visits. (3-24-22)
b. The proposed water quality monitoring and
			 reporting required in Subsection
			 200.11 and the monitoring well
			 siting and construction plans required in Subsection
			 200.12. The applicant is
			 encouraged to submit a report describing the purpose, objectives, location, and
			 proposed construction of monitoring wells to the Department for review and
			 comment during the initial stages of site characterization. (3-24-22)
c. The preliminary design report and
			 alternative design proposals required prior to application submittal under
			 Subsection 050.02. (3-24-22)
d. The permitting process, application
			 procedures, public review and comment periods, and permit schedule.
			 (3-24-22)
e. The timing of
			 additional pre-application meetings. The pre-application conference may trigger
			 a period of collaborative effort between the applicant, the Department, and the
			 Idaho Department of Lands to develop an application that complies with rule
			 requirements and ensures the facility will not interfere with the beneficial
			 uses of waters and will not endanger public safety or the environment.
			 (3-24-22)
f. The cost recovery
			 agreement required under Subsection
			 100.04.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.100 - PERMIT AND PERMIT APPLICATION

Current through August 31, 2023
01.
Permit
			 Required
. No person may construct a new cyanidation facility prior to
			 obtaining a permit from the Director. No person may materially expand or
			 materially modify a cyanidation facility prior to obtaining a modified permit
			 for such expansion or modification pursuant to Section
			 750. (3-24-22)
02.
Permit Application
. The
			 owner or proposed operator of a cyanidation facility or the owner's or
			 operator's authorized representative must: (3-24-22)
a. Make application to the Director in
			 writing and in a manner or form prescribed herein; and (3-24-22)
b. Provide five (5) paper copies of the
			 application to the Director, unless otherwise agreed to by the Department and
			 the applicant. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.201 - DESIGN CRITERIA FOR LEACH PADS AND OTHER NONIMPOUNDING SURFACES THAT CONTAIN AND PROMOTE HORIZONTAL FLOW OF PROCESS WATER

Current through August 31, 2023
Plans and specification for leach pads and other nonimpounding
				surfaces that temporarily contain, not impound, process water and promote the
				horizontal flow of process water must provide for all of the following.
				(3-24-22)
01.
Minimal Hydraulic
			 Head
. Process water is limited to twelve (12) inches or less hydraulic
			 head pressure on the liner systems. (3-24-22)
02.
Engineered Liner System
. In
			 addition to meeting the general liner requirements in Subsection
			 200.06.b., the engineered
			 liner system plans and specifications are to provide for geomembrane liners
			 with a minimum thickness of eighty (80) milli-inches (two point zero (2.0) mm)
			 or equivalent liners approved by the Department. (3-24-22)
a. If leach pads or other non-impounding
			 surfaces are located above areas where ground water is considered near the
			 surface pursuant to Subsection
			 200.06.a.iii., the
			 Department may require a liner system with a higher level of engineered
			 containment. (3-24-22)
b. When a
			 material or system that provides hydraulic relief is installed, beneath a
			 single liner, including, but not limited to, sand, French drains and
			 geotextiles, regardless of the intent of its design, it is to function as a
			 leak detection system and include a means for recovering process water.
			 (3-24-22)
c. Depending on the
			 methods and materials used for their construction, the Department may require
			 all open channels that routinely transport process water to be traced by a leak
			 detection system. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.202 - DESIGN CRITERIA FOR PROCESS PONDS

Current through August 31, 2023
01.
Engineered Liner System
. In addition to meeting the general liner
			 requirements in Subsection
			 200.06.b., the engineered
			 liner system plans and specifications must provide for all of the following.
			 (3-24-22)
a. Lower geomembrane liners with a
			 minimum thickness of eighty (80) milli-inches (two point zero (2.0) mm) or
			 equivalent liners approved by the Department. (3-24-22)
b. Leak detection and collection system that
			 provides material between the lower geomembrane liner and the upper liner
			 system to collect, transport and remove all process water that passes through
			 the upper liner at such a rate as to prevent hydraulic head from developing on
			 the lower geomembrane liner to the level at which it may be reasonably expected
			 to result in leaks through the lower liner system. (3-24-22)
c. Upper geomembrane liners with a minimum
			 thickness of eighty (80) milli-inches (two point zero (2.0) mm) or equivalent
			 liners approved by the Department. (3-24-22)
d. Routines and schedules for the evaluation
			 of the efficiency and effectiveness of the removal of process water from the
			 leak collection system. The properly working system will continually relieve
			 head pressures on the lower geomembrane liner. (3-24-22)
e. Monitoring points that will provide for
			 early detection of any discharge. (3-24-22)
f. Specific triggers for maintenance routines
			 to address inadequate performance of liner systems. (3-24-22)
g. Specific operation and maintenance
			 procedures to address inadequate performance of containment or leak detection
			 and collection systems. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.203 - DESIGN CRITERIA FOR CONTAINERS THAT CONFINE PROCESS WATER

Current through August 31, 2023
Vats, tanks, or other containers that are partially buried and
				cannot be visually inspected must have a system providing secondary containment
				and leak detection. If visual inspection is possible and an area for secondary
				containment equal to one hundred ten percent (110%) of the largest container is
				provided, a double liner is not required. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.204 - DESIGN CRITERIA FOR TAILINGS IMPOUNDMENTS

Current through August 31, 2023
01.
Engineered Liner System
. In addition to meeting the general liner
			 requirements in Subsection
			 200.06.b., the engineered
			 liner system plans and specifications must provide for the following. (3-24-22)
a. Geomembrane liners with a minimum
			 thickness of sixty (60) milli-inches (one point five (1.5) mm) or equivalent
			 liners approved by the Department. (3-24-22)
b. A system to limit hydraulic head over the
			 geomembrane liner that preserves the integrity and long-term performance of the
			 liner system and includes the following: (3-24-22)
i. A system to reduce excess pore pressure
			 within the tailings; and (3-24-22)
ii. A plan for managing the depth, area, and
			 volume of process water occurring above the tailings surface and in direct
			 contact with the liner, including thresholds and contingency measures to manage
			 excess accumulation of process water in the facility.
			 (3-24-22)
c. Monitoring
			 points that will provide for early detection of discharges of pollutants.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.205 - ALTERNATIVE PLANS AND SPECIFICATIONS FOR FACILITIES THAT CONTAIN PROCESS WATER

Current through August 31, 2023
An applicant may propose an alternative to the requirements
				identified in Subsection
				200.06, Sections
				201,
				202,
				203, or
				204 based on site-specific
				conditions and best management practices to protect water quality and human
				health. All other requirements in Section
				200 apply to alternative design
				proposals. (3-24-22)
01.
Alternative Design Proposal
. The applicant must demonstrate that
			 the alternative design will protect water quality and human health by
			 confirming that the alternative to the minimum design criteria is appropriate
			 based on the WAD cyanide concentration and chemical characteristics of
			 materials contained; the physical characteristics of the materials contained;
			 site-specific soil, geology, hydrology, and hydrogeology characteristics;
			 degree to which hydraulic head on the liner is minimized; area and volume of
			 the facility; depth to ground water; methods employed in depositing the
			 impounded material; potential for leaks and impacts to water quality; and risk
			 to human health and the environment. The alternative design must provide an
			 evaluation based on site-specific data, supported by best available science,
			 and consistent with best management practices demonstrating that process water
			 and process-contaminated water are contained and controlled or treated as
			 necessary to protect public safety and the environment, prevent unauthorized
			 degradation of waters, and achieve all applicable water quality and ground
			 water quality standards. The alternative design must include all applicable
			 elements listed below. (3-24-22)
a. A
			 hydrogeology assessment of site characteristics including depth to ground
			 water; distance to surface water; hydrogeology and stratigraphy of the site;
			 ground water and surface water interaction; and the quality, characteristics
			 and existing and future beneficial uses of ground water and surface water that
			 may be potentially affected by the facility. (3-24-22)
b. An engineering assessment detailing the
			 design of each component of the containment system, including type and
			 thickness of each component of the liner system; types of materials to be used
			 and methods of placement of those materials; structures, devices and techniques
			 for controlling drainage and minimizing solution loss; and method to control
			 internal hydraulic head. (3-24-22)
c. A water quality assessment providing an
			 analysis of potential for the facility to cause degradation of waters including
			 the effect of ground water and surface water interactions, the potential for
			 process water to reach waters, and the potential impact of process water on
			 waters. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.300 - APPLICATION PROCESSING PROCEDURE

Current through August 31, 2023
01.
Completeness Review
. Within thirty (30) days of receipt of an
			 application, the Director will issue a written notice to the applicant and the
			 Idaho Department of Lands, indicating: (3-24-22)
a. The application is complete; or
			 (3-24-22)
b. The application is
			 incomplete, specific deficiencies, and additional required information.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.400 - PUBLIC NOTICE AND COMMENT

Current through August 31, 2023
01.
Public
			 Notice
. No public notice is required when a request for a permit
			 modification is denied. The Director will give public notice of: (3-24-22)
a. Receipt of an application for a permit;
			 (3-24-22)
b. A scheduled public
			 meeting; (3-24-22)
c. Issuance of a
			 draft permit and fact sheet or a decision to reject an application for a
			 permit; and (3-24-22)
d. An appeal
			 that has been filed. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.450 - FINAL PERMIT DECISION

Current through August 31, 2023
01.
Notification of the Decision
. The Director will provide notice of
			 the final permit decision to each person or entity given notice under
			 Subsection 400.03. This notice will include
			 reference to the procedures for administrative appeal under Section
			 003. For the purpose of this
			 section, a final permit decision means a final decision to issue, deny, or
			 modify a permit. (3-24-22)
02.
Response to Public Comments
. The Director will prepare and make
			 available to the public a response to relevant written comments received during
			 the public comment period under Subsection
			 400.06. This response will:
			 (3-24-22)
a. Specify which provisions, if
			 any, of the draft permit have been changed in the final permit decision, and
			 the reasons for the change; and (3-24-22)
b. Briefly describe and respond to all
			 relevant written comments on the draft permit. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.501 - COMPLETION OF PERMANENT CLOSURE

Current through August 31, 2023
01.
Implementation of a Permanent Closure Plan
. Unless otherwise
			 specified in the approved permanent closure plan, the permittee must begin
			 implementation of the approved permanent closure plan: (3-24-22)
a. Within two (2) years of the final addition
			 of cyanide to the ore processing circuit; or (3-24-22)
b. If the product recovery phase of the
			 cyanidation facility has been suspended for a period of more than two (2)
			 years. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.13 - RULES FOR ORE PROCESSING BY CYANIDATION › Section 58.01.13.502 - DECISION TO APPROVE OR DISAPPROVE OF A PERMANENT CLOSURE REPORT

Current through August 31, 2023
01.
Cost Recovery
. Final closure
			 of the cyanidation facility will not be approved if any payment required by the
			 cost recovery agreement under Subsection
			 100.04 is due and unpaid.
			 (3-24-22)
02.
Issuance of
			 Director's Determination
. Within sixty (60) days of receipt of a
			 permanent closure report, the Director will issue to the permittee a Director's
			 determination of approval or disapproval of the permanent closure report. The
			 Director's determination will be based on applicable statutes or rules
			 administered by the Department. The Department will coordinate the evaluation
			 of the permanent closure report with the Idaho Department of Lands.
			 (3-24-22)
03.
Director's
			 Determination to Disapprove a Permanent Closure Report
. A Director's
			 determination to disapprove a permanent closure report will specifically
			 identify and discuss those reasons for disapproval, any administrative actions
			 being considered by the Director, and the permittee's options and procedures
			 for administrative appeal. The Director's determination to disapprove a
			 permanent closure report must include: (3-24-22)
a. Identification of errors or inaccuracies
			 in the permanent closure report; (3-24-22)
b. Issues or details that require additional
			 clarification; (3-24-22)
c.
			 Failures to fully implement the approved permanent closure plans;
			 (3-24-22)
d. Outstanding violations
			 or other noncompliance issues; and (3-24-22)
e. Other issues supporting the Department's
			 disagreement with the contents, final conclusions or recommendations of the
			 permanent closure report. (3-24-22)