reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.545 - FACILITY AND DESIGN STANDARDS: TREATMENT PLANT STORAGE FACILITIES

Current through August 31, 2023
The design standards of Section
				544 shall apply to treatment plant
				storage. (3-24-22)
01.
Filter
			 Wash Water
. Filter wash water tanks shall be sized, in conjunction with
			 available pump units and finished water storage, to provide the backwash water
			 required by Section 521.
			 Consideration must be given to the backwashing of several filters in rapid
			 succession. (3-24-22)
02.
Clearwell
. When finished water storage is used to provide
			 disinfectant contact time special attention must be given to tank size and
			 baffling. An overflow and vent shall be provided. A minimum of two (2)
			 clearwell compartments shall be provided to allow for cleaning or maintenance.
			 Clearwells constructed under filters may be exempt from the requirements set
			 out in Subsection 544.02.d. when the design
			 provides adequate protection from contamination. (3-24-22)
03.
Adjacent Storage
. Finished
			 or treated water must not be stored or conveyed in a compartment adjacent to
			 untreated or partially treated water when the two (2) compartments are
			 separated by a single wall, unless approved by the reviewing authority.
			 (3-24-22)
04.
Other Treatment
			 Plant Storage Tanks
. Unless otherwise allowed by the reviewing
			 authority, other treatment plant storage tanks/basins such as detention basins,
			 backwash reclaim tanks, receiving basins, and pump wet-wells for finished water
			 shall be designed as finished water storage structures. In addition, these
			 tanks/ basins shall be designed to allow for cleaning or maintenance through
			 temporary tanks, standby pumping capabilities, or other means approved by the
			 Department. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.546 - FACILITY AND DESIGN STANDARDS: DISTRIBUTION SYSTEM STORAGE FACILITIES

Current through August 31, 2023
01.
Design
. The applicable
			 design standards of Section
			 544 shall be followed for
			 distribution system storage. (3-24-22)
02.
Isolation
. Finished water
			 storage structures which provide pressure directly to the distribution system
			 shall be designed so they can be isolated from the distribution system and
			 drained for cleaning or maintenance without causing a loss of pressure in the
			 distribution system. This requirement may be met through available temporary
			 tanks, redundant pumping capabilities, or other temporary means approved by the
			 Department. If the finished water storage structure provides fire flow for the
			 water system, the water system owner shall provide the local fire authority
			 advance notification of cleaning or maintenance events which isolate the
			 structure from the distribution system and reduce available fire flow to less
			 than the minimum required by the local fire authority. (3-24-22)
03.
Drain
. Drains shall
			 discharge to daylight in a way that will preclude the possibility of backflow
			 to the reservoir and, where practical, be provided with an expanded metal
			 screen installed within the pipe that will exclude rodents and deter vandalism.
			 The drain shall, when practical, discharge at an elevation between twelve (12)
			 and twenty-four (24) inches above the receiving surface, and discharge over a
			 drainage inlet structure or a splash plate. (3-24-22)
04.
Level Controls
. Adequate
			 controls shall be provided to maintain levels in distribution system storage
			 structures. Level indicating devices shall be provided at a central location.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.547 - FACILITY AND DESIGN STANDARDS: HYDROPNEUMATIC TANK SYSTEMS

Current through August 31, 2023
Hydropneumatic tanks use compressed air to regulate pump
				cycling and to absorb pressure surges (water hammer). These tanks do not
				provide true storage. Systems serving more than one-hundred-fifty (150) homes
				are generally better served by providing reservoir storage, as set forth in
				Sections 544,
				545 and
				546. (3-24-22)
01.
General Design of Hydropneumatic
			 Systems
. (3-24-22)
a. Tanks shall be
			 located above normal ground surface and be completely housed.
			 (3-24-22)
b. Tanks shall have
			 bypass piping to permit operation of the system while the tank is being
			 repaired or painted. Exterior surfaces and accessible interior surfaces shall
			 be provided with protective coatings and shall be maintained in good condition.
			 Supports beneath tanks shall be structurally sound. (3-24-22)
c. Tanks shall be sized to limit pump cycles
			 to not more than six (6) per hour unless a pump manufacturer's warranty
			 specifically supports more frequent cycling. The number of pump cycles may be
			 increased in systems with multiple pumps if a means to automatically alternate
			 pumps is provided. The Franklin Electric AIM manual, referenced in Subsection
			 002.02, Chapter 11 of the
			 Washington State Department of Health Water System Design Manual, referenced in
			 Subsection 002.02, or manufacturer's
			 recommendations may be used as guidance in calculating the size of
			 hydropneumatic tanks. (3-24-22)
d.
			 Tanks of greater than one-hundred twenty (120) gallons volume shall conform
			 with the American Society of Mechanical Engineers (ASME) specifications code
			 for unfired pressure vessels. Tanks of less than one hundred twenty (120)
			 gallons volume shall meet the ASME code or be certified by a nationally
			 recognized testing agency to be capable of withstanding twice the maximum
			 allowable working pressure. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.548 - FACILITY AND DESIGN STANDARDS: DISINFECTION OF FACILITIES PRIOR TO USE

Current through August 31, 2023
Any supplier of water for a public water system shall ensure
				that new construction or modifications to an existing system shall be flushed
				and disinfected in accordance with American Water Works Association (AWWA)
				Standards, incorporated by reference into these rules at Subsection
				002.01, prior to being placed
				into service. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.552 - OPERATING CRITERIA FOR PUBLIC WATER SYSTEMS

Current through August 31, 2023
01.
Quantity and Pressure Requirements
. Design requirements regarding
			 pressure analysis are found in Section
			 542.13. (3-24-22)
a. Minimum Capacity. The capacity of a public
			 drinking water system shall be at least eight hundred (800) gallons per day per
			 residence. (3-24-22)
i. The minimum capacity
			 of eight hundred (800) gallons per day shall be the design maximum day demand
			 rate exclusive of irrigation and fire flow requirements. (3-24-22)
ii. The minimum capacity of eight hundred
			 (800) gallons per day is only acceptable if the public drinking water system
			 has equalization storage of finished water in sufficient quantity to compensate
			 for the difference between a water system's maximum pumping capacity and peak
			 hour demand. (3-24-22)
iii. The
			 design capacity of a public drinking water system for material modifications
			 may be less than eight hundred (800) gallons per day per residence if the water
			 system owner provides information that demonstrates to the Department's
			 satisfaction the maximum day demand for the system, exclusive of irrigation and
			 fire flows, is less than eight hundred (800) gallons per day per residence.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.553 - CLASSIFICATION OF WATER SYSTEMS

Current through August 31, 2023
01.
System
			 Classification Required
. The Department shall classify community,
			 nontransient noncommunity, and surface water systems based on indicators of
			 potential health risks. (3-24-22)
a. The owner
			 or designee of every community and nontransient noncommunity public water
			 system shall submit proof of the current conditions related to the
			 classification of the system every five (5) years or more frequently if
			 required by the Department. (3-24-22)
b. The owner or designee of all surface water
			 systems shall submit proof of the current conditions related to the
			 classification of the system every five (5) years or more frequently if
			 required by the Department. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.554 - LICENSE REQUIREMENTS

Current through August 31, 2023
01.
Licensed
			 Operator Required
. (3-24-22)
a. Owners
			 of all community and nontransient noncommunity public drinking water systems
			 must place the direct supervision of their drinking water system, including
			 each treatment facility and distribution system, under the responsible charge
			 of a properly licensed operator. (3-24-22)
b. Owners of all surface water systems must
			 place the direct supervision of their public drinking water system under the
			 responsible charge of a properly licensed operator.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.560 - CONTRACTING FOR SERVICES

Current through August 31, 2023
Public water systems may contract with persons to provide
				responsible charge operators and substitute responsible charge operators. Proof
				of such contract shall be submitted to the Department prior to the contracted
				person performing any services at the public water system. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.563 - ADVISORY GROUP

Current through August 31, 2023
Stakeholder Involvement. Ongoing stakeholder involvement will
				be provided through the existing drinking water advisory committee at the
				Department. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.08 - IDAHO RULES FOR PUBLIC DRINKING WATER SYSTEMS › Section 58.01.08.900 - TABLES

Current through August 31, 2023
01.
Table 1 -- Minimum Distances From a
			 Public Water System Well
.
Minimum Distances from a Public
							 Water System Well
Gravity wastewater line
50 feet
Any potential source of contamination
50 feet
Pressure wastewater line
100 feet
Class A Municipal Reclaimed Wastewater Pressure
							 distribution line
50 feet
Individual home septic tank
100 feet
Individual home disposal field
100 feet
Individual home seepage pit
100 feet
Privies
100 feet
Livestock
50 feet
Drainfield - standard subsurface disposal
							 module
100 feet
Absorption module - large soil absorption
							 system
150 - 300 feet, see IDAPA 58.01.03
Canals, streams, ditches, lakes, ponds and tanks used
							 to store non-potable substances
50 feet
Storm water facilities disposing storm water
							 originating off the well lot
50 feet
Municipal or industrial wastewater treatment
							 plant
500 feet
Reclamation and reuse of municipal and industrial
							 wastewater sites
See IDAPA 58.01.17
Biosolids application site
1,000 feet
(3-24-22)
02.
Table 2 - Well Casing Standards for
			 Public Water System Wells
.
STEEL PIPE
WEIGHT PER FOOT (pounds)
DIAMETER (inches)
THICKNESS (inches)
Plain Ends (calculated)
With Threads and Couplings
							 (nominal)
SIZE
External
Internal
6 (id) *
6.625
6.065
0.280
18.97
19.18
8
8.625
7.981
0.322
28.55
29.35
10
10.750
10.020
0.365
40.48
41.85
12
12.750
12.000
0.375
49.56
51.15
14 (od) *
14.000
13.250
0.375
54.57
57.00
16
16.000
15.250
0.375
62.58
18
18.000
17.250
0.375
70.59
20
20.000
19.250
0.375
78.60
22
22.000
21.000
0.500
114.81
24
24.000
23.000
0.500
125.49
26
26.000
25.000
0.500
136.17
28
28.000
27.000
0.500
146.85
30
30.000
29.000
0.500
157.53
32
32.000
31.000
0.500
168.21
34
34.000
33.000
0.500
178.89
36
36.000
35.000
0.500
189.57
* id = inside diameter
od = outside diameter (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has given the Idaho Board of
				Environmental Quality the authority to promulgate these rules pursuant to
				Sections 39-104A,
				39-105,
				39-107, and
				39-7906, Idaho Code.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.09, "Rules Regulating
			 Swine Facilities." (3-24-22)
02.
Scope
. These rules establish the procedures for the issuance of a
			 permit to construct, operate, close, or expand swine facilities of a defined
			 capacity. The intent is to ensure animal waste from swine facilities is
			 properly controlled to not adversely affect public health or the environment.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.002 - 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 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.010 - DEFINITIONS

Current through August 31, 2023
The terms "department," "director," and "waters" have the
				meaning provided for those terms in Section
				39-103, Idaho Code. The terms
				"animal unit," "facilities or facility," and "one-time animal unit capacity"
				have the meaning provided for those terms in Section
				39-104A(6), Idaho
				Code. The terms "animal waste," "animal waste management system," "applicant,"
				"certified planner," "existing facility," "land application," "nutrient
				management plan," "nutrient management standard," "operate," "permit," "person
				," and "process wastewater" have the meaning provided for those terms in
				Section 39-7903, Idaho Code.
				(3-24-22)
01.
New or
			 Expanding
. A facility being newly proposed to operate after July 1,
			 2000, and having a one-time animal unit capacity of two thousand (2,000) or
			 more animal units, and expanding facilities or a facility of less than two
			 thousand (2,000) animal units that increases its one-time animal unit capacity
			 to two thousand (2,000) or more animal units or a facility that increases its
			 one-time animal unit capacity by ten percent (10%) measured cumulatively from
			 April 1, 2000. (3-24-22)
02.
Unauthorized Discharge
. A release of animal waste to the
			 environment or waters that is not authorized by the permit or the terms of an
			 IPDES permit. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.100 - APPLICABILITY

Current through August 31, 2023
01.
Permit
. No person may
			 construct, operate, or expand a regulated facility without first obtaining a
			 permit issued by the Director as provided in these rules. (3-24-22)
02.
Common Control
. Two (2) or
			 more facilities under common control of the same person may be considered, for
			 purposes of permitting, a single facility, even though separately their
			 capacity is less than two thousand (2,000) animal units each, if they use a
			 common animal waste management system or land application site.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.200 - PERMIT APPLICATION

Current through August 31, 2023
A person must submit a complete permit application and fees to
				the Department. (3-24-22)
01.
Preapplication Conference
. Applicants are encouraged to meet with
			 the Department prior to submitting an application to discuss the permitting
			 process. (3-24-22)
02.
Content
. A complete application must contain the information
			 identified in Subsections
			 200.03 through
			 200.10 and include payment of
			 the applicable fee. (3-24-22)
03.
Facility and Operator Information
. (3-24-22)
a. Name, mailing address, and phone number of
			 each facility owner and operator. (3-24-22)
b. Name and mailing address of the facility.
			 (3-24-22)
c. Legal description of
			 the facility location. (3-24-22)
d.
			 The legal structure of the entity owning the facility, including the names and
			 addresses of all directors, officers, registered agents and partners.
			 (3-24-22)
e. The names and
			 locations of all facilities owned and/or operated by the applicant within the
			 last ten (10) years. (3-24-22)
f.
			 The one-time animal unit capacity of the facility. (3-24-22)
g. The size and type of swine to be confined
			 at the facility. (3-24-22)
h.
			 Evidence a valid water right exists to supply adequate water for the facility
			 or a copy of either an application for permit to appropriate water or an
			 application to change the point of diversion, place, period and nature of use
			 of an existing water right that has been filed with the Idaho Department of
			 Water Resources which, if approved, will supply adequate water for the
			 operation. (3-24-22)
i. The
			 facility's biosecurity and sanitary standards. (3-24-22)
j. A statement of estimated annual income and
			 operating expenses that demonstrate, to the satisfaction of the Department,
			 financial capability to operate the facility. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.205 - FINANCIAL ASSURANCE REQUIREMENTS

Current through August 31, 2023
Financial assurance mechanisms identified and submitted must
				meet the following general and specific conditions. (3-24-22)
01.
Written Estimate of Costs
.
			 (3-24-22)
a. Detail the cost of hiring a third
			 party to remediate potential contamination caused by the operation of the
			 facility or of any potential spill or breech, including, without limitation,
			 remediation pursuant to the facility's spill contingency plan, and closing the
			 facility in accordance with an approved closure plan. (3-24-22)
b. Revisions to remediation and closure cost
			 estimates and the amount of financial assurance are to be submitted to the
			 Department if changes to the closure plan, facility conditions or operations,
			 or inflation changes the cost estimates at any time during the active life of
			 the facility. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.250 - WATER QUALITY PROTECTION

Current through August 31, 2023
The following minimum design and performance standards are a
				baseline for protection of public health and water quality. These standards
				apply to all facilities and are to be reflected in the permit unless the
				Director determines, based on an applicant's site specific information, that
				compliance with a specific standard is not necessary to protect water quality
				or the public health. Other conditions, as determined by the Director to be
				necessary to protect water quality, may be included in a permit.
				(3-24-22)
01.
Animal Waste
			 Management System Design Criteria
. A facility's animal waste management
			 system must: (3-24-22)
a. Be designed and
			 constructed in accordance with NRCS or the American Society of Agricultural
			 Engineers standards, whichever is most stringent; (3-24-22)
b. Contain the maximum expected operating
			 water balance and the twenty-five (25) year twenty-four (24) hour rainfall
			 event and the one (1) in five (5) year winter runoff; (3-24-22)
c. Provide capacity to store the peak volume
			 of process wastewater generated during a six (6) month period;
			 (3-24-22)
d. Provide a one (1) foot
			 freeboard in addition to the storage provisions specified in Subsections
			 250.01.b. and 250.01.c.;
			 (3-24-22)
e. Have impoundments,
			 other than for emergency runoff, containing or designed to contain process
			 wastewater for efficient leak detection and not be located in the one-hundred
			 (100) year floodplain; and (3-24-22)
f. Have seepage rates for impoundments no
			 greater than 1x10-7 cm/sec. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.300 - APPLICATION PROCESSING PROCEDURE

Current through August 31, 2023
01.
Application Completeness
. Applications are reviewed for
			 completeness within thirty (30) days of receipt. The applicant will receive
			 written notice of the review, and the Department will provide public notice
			 that a complete application has been received. Incomplete applications or those
			 that do not meet the requirements will be returned with deficiencies
			 identified. The applicant must respond to any deficiencies, or requests from
			 the Department for additional information necessary to process a permit, within
			 thirty (30) days of the request or the application may be denied unless a
			 longer time period is approved by the Director. (3-24-22)
02.
Notice of Environmental Suitability
			 of Facility Location
. Within thirty (30) days of the public notice, a
			 letter with the Director's determination of the suitability of the facility
			 siting will be sent to the applicant and the appropriate county and city
			 officials for the selected location including: (3-24-22)
a. A brief description of the proposed
			 facility, its animal waste management system, and its nutrient management plan;
			 (3-24-22)
b. A brief summary of the
			 basis for the determination of environmental suitability including references
			 to applicable requirements and supporting materials; (3-24-22)
c. A description of the schedule for issuing
			 a permit; and (3-24-22)
d. The name
			 and phone number of the Department staff to contact for additional information.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.450 - SPECIFIC PERMIT CONDITIONS

Current through August 31, 2023
01.
Basis
. Conditions necessary for the protection of the environment
			 and the public health may differ from facility to facility because of varying
			 environmental conditions and animal waste compositions. The Director may
			 establish, on a case-by-case basis, specific permit conditions considering
			 characteristics specific to a facility and inherent hazards of those
			 characteristics, including, but not limited to: (3-24-22)
a. Chemical, biological, physical, and
			 volumetric characteristics of the process wastewater; (3-24-22)
b. Geological and climatic nature of the
			 facility site; (3-24-22)
c. Size of
			 the site and its proximity to population centers and to ground and surface
			 water; (3-24-22)
d. Legal
			 considerations relative to land use and water rights; (3-24-22)
e. Techniques used in process wastewater
			 distribution and the disposition of that vegetation exposed to process
			 wastewaters; and (3-24-22)
f. The
			 need for monitoring and record keeping to determine if the facility is operated
			 in conformance with its design and if its design is adequate to protect the
			 environment and the public health. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.500 - PERMIT MODIFICATION

Current through August 31, 2023
01.
Minor
			 Modifications
. Minor modifications are those which do not have a
			 potential effect on the environment or the public health. Minor modifications
			 will be made by the Director and are generally limited to: (3-24-22)
a. The correction of typographical errors;
			 (3-24-22)
b. Transfer of ownership
			 or operational control in accordance with Section
			 550; or (3-24-22)
c. Certain minor changes in monitoring or
			 operational conditions. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.550 - TRANSFER OF PERMITS

Current through August 31, 2023
01.
Transfer
			 Application
.
a. A new owner or operator
			 of a facility must submit a transfer application to the Director that includes
			 at least the following: (3-24-22)
i. The
			 relevant information provided in Subsection
			 200.03; (3-24-22)
ii. Any change of conditions at the facility
			 resulting from the transfer of ownership or operation; and (3-24-22)
iii. Any change in financial assurance
			 requirements. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.09 - RULES REGULATING SWINE FACILITIES › Section 58.01.09.600 - VIOLATIONS

Current through August 31, 2023
01.
Failure to Comply
. Failure
			 by a permittee to comply with the provisions of these rules or any permit
			 condition is deemed a violation. (3-24-22)
02.
Falsification of Statements and
			 Records
. It is a violation of these rules for any person to knowingly
			 make a false statement, representation, or certification in any application
			 report, document, or record developed, maintained, or submitted pursuant to
			 these rules or the conditions of a permit. (3-24-22)
03.
Discharges
. Any unauthorized
			 discharge from a facility is a violation of these rules. (3-24-22)
04.
Penalties
. Any person
			 violating any provision of these rules or any permit or order issued thereunder
			 is liable for a civil or criminal penalty in accordance with Chapter 1, Title
			 39, Idaho Code. (3-24-22)
05.
Permit Revocation
. The Director may revoke a permit for: (3-24-22)
a. A material violation of any condition of a
			 permit; or (3-24-22)
b. If the
			 permit was obtained by misrepresentation or failure to disclose all relevant
			 facts. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has given the Board of Environmental
				Quality the authority to promulgate these rules pursuant to Section
				39-4405, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 58.01.10, "Rules Regulating
			 the Disposal of Radioactive Materials Not Regulated Under the Atomic Energy Act
			 of 1954, As Amended." (3-31-22)
02.
Scope
. These rules regulate the disposal of radioactive materials
			 not regulated under the Atomic Energy Act of 1954, As Amended, at facilities
			 permitted and subject to the requirements of the Idaho Hazardous Waste
			 Management Act, Chapter 44, Title 39, Idaho Code, and the Idaho Hazardous Waste
			 Facility Siting Act, Chapter 58, Title 39, Idaho Code. These rules do not
			 regulate NORM or TENORM waste from the production of elemental phosphorus or
			 from the production of phosphate fertilizers, which includes the production of
			 wet and purified phosphoric acid. These rules also place restrictions on
			 disposal of certain radioactive materials at municipal solid waste landfills
			 and identify other approved disposal options for radioactive materials.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.002 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
Any written statements pertaining to the interpretation of
				these rules shall be available for review at the Department of Environmental
				Quality, 1410 N. Hilton, Boise, ID 83706-1255. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under this chapter pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
General
. Unless expressly provided otherwise, any reference in
			 these rules to any document identified in Subsection
			 004.02 shall constitute the full
			 adoption by reference, including any notes and appendices therein. The term
			 "documents" includes codes, standards or rules which have been adopted by an
			 agency of the state or of the United States or by any nationally recognized
			 organization or association. (3-31-22)
02.
Documents Incorporated by
			 Reference
. The following documents are incorporated by reference into
			 these rules: (3-31-22)
a.
									10 CFR
			 30.14 through
			 30.15, revised as of January 1,
			 2014. (3-31-22)
b.
									10 CFR
			 30.18 through
			 30.21, revised as of January 1,
			 2014. (3-31-22)
c.
									10 CFR
			 32.11, revised as of January 1, 2014.
			 (3-31-22)
d.
									10 CFR
			 32.18, revised as of January 1, 2014.
			 (3-31-22)
e.
									10 CFR
			 40.13, revised as of January 1, 2014.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.005 - OFFICE - OFFICE HOURS - MAILING ADDRESS AND STREET ADDRESS

Current through August 31, 2023
The state office of the Department of Environmental Quality and
				the office of the Board of Environmental Quality are located at 1410 N. Hilton,
				Boise, Idaho 83706-1255, telephone number (208) 373-0502. The office hours are
				8:00 a.m. to 5:00 p.m. Monday through Friday. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.010 - DEFINITIONS

Current through August 31, 2023
01.
Accelerator-Produced Radioactive
			 Material
. Any material made radioactive by a particle accelerator.
			 (3-31-22)
02.
Board
.
			 The Idaho Board of Environmental Quality. (3-31-22)
03.
Byproduct Material
.
			 Byproduct Material means: (3-31-22)
a. Any
			 radioactive material (except special nuclear material) yielded in, or made
			 radioactive by, exposure to the radiation incident to the process of producing
			 or utilizing special nuclear material; and (3-31-22)
b. The tailings or waste produced by the
			 extraction or concentration of uranium or thorium from ore processed primarily
			 for its source material content. (3-31-22)
c. Any discrete source of radium-226 that is
			 produced, extracted, or converted after extraction, before, on, or after August
			 8, 2005, for use for a commercial, medical, or research activity; or any
			 material that: (3-31-22)
i. Has been made
			 radioactive by use of a particle accelerator; and (3-31-22)
ii. Is produced, extracted, or converted
			 after extraction, before, on, or after August 8, 2005, for use for a
			 commercial, medical, or research activity; and (3-31-22)
d. Any discrete source of naturally occurring
			 radioactive material, other than source material, that: (3-31-22)
i. The U.S. Nuclear Regulatory Commission, in
			 consultation with the Administrator of the Environmental Protection Agency, the
			 Secretary of Energy, the Secretary of Homeland Security, and the head of any
			 other appropriate federal agency, determines would pose a threat similar to the
			 threat posed by a discrete source of radium- 226 to the public health and
			 safety or the common defense and security; and (3-31-22)
ii. Before, on, or after August 8, 2005, is
			 extracted for use in a commercial, medical, or research activity.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.019 - NOTIFICATION OF RADIOACTIVE MATERIALS

Current through August 31, 2023
Any person with knowledge of the transfer, or proposed
				transfer, of radioactive materials for disposal to any location other than a
				location authorized by Section
				020 to receive radioactive
				materials for disposal shall notify the Department of the transfer as soon as
				the transfer takes place or as soon as the person learns of the transfer, or
				proposed transfer, whichever is sooner. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.020 - RADIATION PROTECTION STANDARDS

Current through August 31, 2023
01.
General
			 Protection Standards
. (3-31-22)
a. All
			 owners and operators shall conduct operations in a manner consistent with
			 radiation protection standards contained in
			 10 CFR
			 20; (3-31-22)
b. No owner or operator shall conduct
			 operations, create, use or transfer radioactive materials in a manner such that
			 any member of the public will receive an annual Total Effective Dose Equivalent
			 (TEDE) in excess of one hundred (100) millirem per year (1 milliseivert/year);
			 and (3-31-22)
c. No person shall
			 release radioactive materials for unrestricted use in such a manner that the
			 reasonably maximally exposed individual will receive an annual TEDE in excess
			 of fifteen (15) millirem per year (fifteen one-hundredths (0.15)
			 milliseivert/year) excluding natural background. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.030 - RECORDS

Current through August 31, 2023
Records of disposal, including manifest, shall be maintained
				for three (3) years in accordance with
				40 CFR
				262.40 and
				40 CFR
				262.23. (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.10 - RULES REGULATING THE DISPOSAL OF RADIOACTIVE MATERIALS NOT REGULATED UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED › Section 58.01.10.040 - VIOLATIONS

Current through August 31, 2023
01.
Failure to Comply
. Failure
			 by any person, owner, or operator to comply with the provisions of these rules
			 shall be deemed a violation of these rules. (3-31-22)
02.
Falsification of Statements and
			 Records
. It shall be a violation of these rules for any person, owner,
			 or operator to knowingly make a false statement, representation, or
			 certification in any document or record developed, maintained, or submitted
			 pursuant to these rules. (3-31-22)
03.
Penalties
. Any person
			 violating any provision of these rules or order issued thereunder shall be
			 liable for civil penalty in accordance with Chapter 44, Title 39, Idaho Code.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has given the Board of Environmental
				Quality authority to promulgate the Ground Water Quality Rule pursuant to
				Sections 39-105,
				39-107,
				39-120, and
				39-126, Idaho Code. The authority
				to formulate and adopt rules as are necessary and feasible to protect the
				environment and health of the citizens of the state is vested in the Director
				and Board pursuant to Sections
				39-105 and
				39-107, Idaho Code. Under Section
				39-120, Idaho Code, the Board is
				authorized to adopt, by rule, ambient ground water quality standards. Under
				Section 39-126, Idaho Code, all state
				agencies shall incorporate the Ground Water Quality Plan, adopted by the
				legislature, in the administration of their programs and are granted authority
				to promulgate rules to protect ground water quality as necessary to administer
				such programs. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This rule is titled IDAPA 58.01.11, Rules of the Department
			 of Environmental Quality, IDAPA 58.01.11, "Ground Water Quality Rule."
			 (3-24-22)
02.
Scope
.
			 Under Section
			 39-120, Idaho Code, the Department
			 of Environmental Quality is designated as the primary agency to coordinate and
			 administer ground water quality protection programs for the state. This rule
			 establishes minimum requirements for protection of ground water quality through
			 standards and an aquifer categorization process. The requirements of this rule
			 shall serve as a basis for the administration of programs which address ground
			 water quality. This rule does not in and of itself create a permit program.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under this chapter 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 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.003 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
The Department of Environmental Quality may have written
				statements which pertain to the interpretation of the rules of this chapter. If
				available, such written statements can be inspected and copied, at cost, at the
				Department of Environmental Quality, 1410 North Hilton, Boise, ID 83706-1255.
				(3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.006 - POLICIES

Current through August 31, 2023
It is the intent of the Department to implement, through this
				rule, the following policies from the Protection and Prevention Sections of the
				Idaho Ground Water Quality Plan, adopted by the legislature, 1992 Session Law,
				Chapter 310, Page 922. These policies are: (3-24-22)
01.
Ground Water Quality
			 Protection
. It is the policy of the state of Idaho to maintain and
			 protect the existing high quality of the state's ground water.
			 (3-24-22)
02.
Existing and
			 Projected Future Beneficial Uses
. The policy of the state of Idaho is
			 that existing and projected future beneficial uses of ground water shall be
			 maintained and protected, and degradation that would impair existing and
			 projected future beneficial uses of ground water and interconnected surface
			 water shall not be allowed. (3-24-22)
03.
Categorization of Ground
			 Water
. The policy of the state of Idaho is to provide differential
			 protection for the state's ground water resources. A ground water
			 categorization system should be established for aquifers or portions of
			 aquifers. The categorization system should be based on vulnerability of the
			 ground water, existing and projected future beneficial uses of the ground
			 water, existing quality of the ground water, and social and economic
			 considerations. (3-24-22)
04.
Ground Water Quality Standards
. The policy of the state of Idaho
			 is to establish ground water quality standards for biological, radiological,
			 and chemical constituents. (3-24-22)
05.
Prevention of Ground Water
			 Contamination
. The policy of the state of Idaho is to prevent
			 contamination of ground water from all regulated and nonregulated sources of
			 contamination to the maximum extent practical. (3-24-22)
06.
Mining
. The policy of the
			 state of Idaho is to protect ground water and allow for the extraction of
			 minerals above and within ground water. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.011 - INCORPORATION BY REFERENCE

Current through August 31, 2023
Codes, standards and regulations may be incorporated by
				reference in this rule pursuant to Section
				67-5229, Idaho Code. Such
				incorporation by reference shall constitute full adoption by reference,
				including any notes or appendices therein, unless expressly provided otherwise
				in this rule. Codes, standards or regulations adopted by reference throughout
				this rule are available in the following locations: (3-24-22)
01.
Department of Environmental
			 Quality
. Department of Environmental Quality, 1410 N. Hilton, Boise, ID
			 83706-1255. (3-24-22)
02.
Law Library
. State Law Library, 451 W. State Street, P.O. Box 83720,
			 Boise, ID 83720-0051. (3-24-22)
03.
U.S. Government Printing Office
. U.S. Government Printing Office,
			 Superintendent of Documents, Washington, D.C. 20402, or U.S. Government
			 Bookstore, Room 194 Federal Bldg., 915 Second Ave., Seattle, WA 98174.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.150 - IMPLEMENTATION

Current through August 31, 2023
This rule establishes minimum requirements to maintain and
				protect ground water quality. This rule applies to all activities with the
				potential to degrade ground water quality. (3-24-22)
01.
Ground Water Quality
			 Standards
. The numerical and narrative standards in Sections
			 200 and
			 301 identify minimum levels of
			 protection for ground water quality and shall be used as a basis for: (3-24-22)
a. Evaluating or comparing ground water
			 quality when developing or modifying best available methods, best management
			 practices, or best practical methods; (3-24-22)
b. Identifying permit conditions;
			 (3-24-22)
c. Establishing cleanup
			 levels; and (3-24-22)
d.
			 Determining appropriate actions when ground water quality standards are
			 exceeded. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.300 - CATEGORIZED AQUIFERS OF THE STATE

Current through August 31, 2023
Aquifers or portions of aquifers in the state are categorized
				as follows: (3-24-22)
01.
Sensitive Resource
. (3-24-22)
a.
			 Spokane Valley -- Rathdrum Prairie Aquifer. (3-24-22)
i. In addition to the ground water quality
			 standards in Section 200, the
			 following narrative standard applies: the aquifer shall not be degraded, as it
			 relates to beneficial uses, as a result of point source or nonpoint source
			 activity unless it is demonstrated by the person proposing the activity that
			 such change is justifiable as a result of necessary economic or social
			 development. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.301 - MANAGEMENT OF ACTIVITIES WITH THE POTENTIAL TO DEGRADE AQUIFERS

Current through August 31, 2023
01.
Sensitive Resource Category
			 Aquifers
. (3-24-22)
a. Activities with
			 the potential to degrade Sensitive Resource aquifers shall be managed in a
			 manner which maintains or improves existing ground water quality through the
			 use of best management practices and best available methods except when a point
			 of compliance is set pursuant to Section
			 401. (3-24-22)
b. Numerical and narrative standards
			 identified in Section
			 200 shall apply to aquifers or
			 portions of aquifers categorized as Sensitive Resource. In addition, stricter
			 numerical and narrative standards, for specified constituents, may be adopted
			 pursuant to Section 350 on a case
			 by case basis and listed in Section
			 300. (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.350 - PROCEDURES FOR CATEGORIZING OR RECATEGORIZING AN AQUIFER

Current through August 31, 2023
The following process shall be used for categorizing or
				recategorizing an aquifer. (3-24-22)
01.
Criteria for Aquifer
			 Categories
. The following criteria shall be considered when a petition
			 to categorize or recategorize aquifers or portions of aquifers is submitted to
			 the Board: (3-24-22)
a. For Sensitive Resource
			 aquifers: (3-24-22)
i. The ground water in an
			 aquifer or portion of an aquifer is of a better quality than the ground water
			 quality standards in Section
			 200 and maintenance of this quality
			 is needed to protect an identified beneficial use(s); (3-24-22)
ii. The ground water in an aquifer or portion
			 of an aquifer is considered highly vulnerable; (3-24-22)
iii. The ground water in an aquifer or
			 portion of an aquifer represents an irreplaceable source for the identified
			 beneficial use(s); (3-24-22)
iv.
			 The ground water quality in an aquifer or portion of an aquifer has been
			 degraded and there is a need for additional protection measures to maintain or
			 improve the water quality or prevent impairment of a beneficial use;
			 (3-24-22)
v. The ground water
			 within an aquifer or portion of an aquifer is shown to be hydrologically
			 interconnected with surface water and additional protection is needed to
			 maintain the quality of either surface or ground water. Hydrologic
			 interconnections can include either natural or induced ground water recharge or
			 discharge areas; or (3-24-22)
vi.
			 The ground water within an aquifer or portion of an aquifer demonstrates other
			 criteria which justify the need for additional protection.
			 (3-24-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.11 - GROUND WATER QUALITY RULE › Section 58.01.11.400 - GROUND WATER CONTAMINATION

Current through August 31, 2023
01.
Releases
			 Degrading Ground Water Quality
. No person shall cause or allow the
			 release, spilling, leaking, emission, discharge, escape, leaching, or disposal
			 of a contaminant into the environment in a manner that: (3-24-22)
a. Causes a ground water quality standard to
			 be exceeded; (3-24-22)
b. Injures a
			 beneficial use of ground water; or (3-24-22)
c. Is not in accordance with a permit,
			 consent order or applicable best management practice, best available method or
			 best practical method. (3-24-22)