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
Universal Citation: ID Admin Code 58.01.13.100
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)
03. Contents of Application. A permit application and its contents will be used to determine if an applicant can locate, construct, operate, maintain, close, and monitor the proposed cyanidation facility in conformance with these and other applicable rules including, but not limited to, IDAPA 58.01.02, "Water Quality Standards"; IDAPA 58.01.08, "Idaho Rules for Public Drinking Water Systems"; IDAPA 58.01.05, "Rules and Standards for Hazardous Waste"; IDAPA 58.01.06, "Solid Waste Management Rules"; IDAPA 58.01.11, "Ground Water Quality Rule"; and IDAPA 58.01.25, "Rules Regulating the Idaho Pollutant Discharge Elimination System Program." The application must include all of the following information in sufficient detail to allow the Director to make necessary application review decisions concerning compliance with Sections 200 through 205 as applicable and protection of human health and the environment: (3-24-22)
a. Name, location, and mailing address of the
cyanidation facility. (3-24-22)
b.
Name, mailing address, and phone number of the applicant, and a registered
agent. (3-24-22)
c. Land ownership
status of the cyanidation facility (federal, state, private, or public).
(3-24-22)
d. Name, mailing address,
and phone number of the applicant's construction and operations manager.
(3-24-22)
e. The legal structure
(corporation, partnership, etc.) and residence of the applicant.
(3-24-22)
f. The legal description,
to the quarter-quarter section, of the location of the proposed cyanidation
facility. (3-24-22)
g. Evidence the
applicant is authorized by the Secretary of State to conduct business in the
State of Idaho. (3-24-22)
h. A
general description of the operational plans for the cyanidation facility from
construction through permanent closure. This description must include any
proposed phases for construction, operations, and permanent closure.
(3-24-22)
i. The design maximum
daily throughput of ore through the cyanidation facility and the total
projected volume of material to be processed during the life of the operation.
(3-24-22)
j. Cyanidation facility
layouts including water management systems designed to segregate storm water
from process water. (3-24-22)
k. A
geotechnical evaluation of all process water and process chemical containment
systems within the proposed cyanidation facility. (3-24-22)
l. A preconstruction topographic site map or
aerial photos extending at least one (1) mile beyond the outer limits of the
cyanidation facility, identifying and showing the location and extent of the
following features: (3-24-22)
i. All wells,
perennial and intermittent springs, adit discharges, wetlands, surface waters,
and irrigation ditches that may be affected by the cyanidation facility;
(3-24-22)
ii. All process water
supply source(s); (3-24-22)
iii.
All public and private drinking water supply source(s) within at least one (1)
mile of the cyanidation facility; (3-24-22)
iv. Identified floodplain areas (shown on
USGS sectional Quadrangle maps); (3-24-22)
v. All service roads and public roads;
(3-24-22)
vi. All buildings and
structures within half (1/2) a mile of the cyanidation facility;
(3-24-22)
vii. All outstanding
resource waters and sensitive resource aquifers within one (1) mile of the
cyanidation facility; and (3-24-22)
viii. All Clean Water Act Section
303(d) listed
streams, and their listed impairments, within ten (10) miles of the site
boundary that may be affected by the cyanidation facility.
(3-24-22)
m. To the
extent such information is available, a description and location of underground
mine workings and adits and a description of the structural geology that may
influence ground water flow and direction. (3-24-22)
n. A description of the proposed land
application site. The description must include a potentiometric map, surface
and subsurface soil characteristics, geology, hydrogeology and ground water
quality. The description of these characteristics must be sufficient to
determine anticipated impacts to the affected soils, associated vadose zone as
well as anticipated changes in geochemistry that may affect surface and ground
water quality. (3-24-22)
o. Siting
diagram for land application sites, monitoring wells, lysimeters, surface or
ground water discharge sites, or surface water monitoring locations.
(3-24-22)
p. A description of
measures to protect wildlife that may be affected by the facility.
(3-24-22)
q. Proposed
post-construction topographic maps. (3-24-22)
r. Engineering plans and specifications for
all portions of the cyanidation facility must be submitted to the Department
for review and approval. Preliminary designs for future phases of the
cyanidation facility may be submitted as part of the permit application,
provided that, pursuant to Subsection
500.02, the Department review
and approval of final plans and specifications is required before construction
of those phases may begin. All cyanidation facility engineering plans and
specifications must bear the imprint of an Idaho licensed professional engineer
that is both signed and dated by the engineer. These plans and specifications
must, at a minimum, include all of the following information applicable to the
proposed facility. (3-24-22)
i. Designs
meeting applicable criteria in Sections
200 through
204. (3-24-22)
ii. Any alternative design approved by the
Department under Section
205. (3-24-22)
iii. The water balance, ore flow, and
processing calculations demonstrating the logic behind sizing of facilities.
(3-24-22)
iv. The general ore
processing overview and analyses of chemical compatibility of containment
materials with process chemicals and wastes, including a chemical mass balance
at inputs and outputs from the cyanidation facility. (3-24-22)
v. Geotechnical data and analyses
demonstrating the logic for plans and specifications of foundation materials
and placement. (3-24-22)
vi.
Requirements for site preparation. (3-24-22)
vii. Pumping and dewatering requirements.
(3-24-22)
viii. Procedures for
materials selection and placement for backfilling foundation areas.
(3-24-22)
ix. Criteria for caps and
covers used as source control measures. (3-24-22)
x. Criteria for ensuring stability of
embankments for pads, ponds and tailings impoundments. (3-24-22)
xi. Procedures to classify and modify, if
necessary, excavated fill, bedding and cover materials for buildings, pads,
ponds, and tailings impoundments. (3-24-22)
xii. Plumbing and conveyance schematics and
component specifications. (3-24-22)
xiii. Plan views and cross-section drawings
of leach pad, permanent heaps, vats, process water storage ponds, tailings
impoundments, and spent ore disposal areas. (3-24-22)
xiv. Leak detection and collection system
plans and specifications including, but not limited to, schematics and
narratives describing liner and geotextile material specifications, sumping
capacity and layout, location of monitoring port(s), monitoring port
components, construction operation and maintenance procedures for monitoring
ports and pumping systems, including backup system, triggers for containment
repairs, replacement or other contingency mitigation, frequency of monitoring,
and monitoring parameters. (3-24-22)
xv. Provisions to protect containment systems
from heavy equipment, fires, earthquakes, and other natural phenomena.
(3-24-22)
xvi. Quality
assurance/quality control procedures. (3-24-22)
xvii. The identity and qualifications of the
person(s) directly responsible for supervising construction and quality
assurance/quality control. (3-24-22)
s. Operation and maintenance plans that
include all of the following. (3-24-22)
i.
Maintenance plans, including routine service procedures for containment
systems, process chemical storage, and disposal of contaminated water or soils,
including petroleum-contaminated soils. (3-24-22)
ii. A water management plan that provides for
handling and containment of process water including the methods to manage
and/or treat all process water and pollutants, run-off or run-on water,
emergency releases, and excess water due to flood, rain, snowmelt, or other
similar events. The plan must include the basis for the designed containment
volumes and estimations of the need for and operation of a land application
site, injection wells, infiltration galleries or leach fields, or the need for
an IPDES permit. The permittee will update the plan on a regular basis to
reflect the reconciliation of the water balance changes in the project through
construction, operation, maintenance, and permanent closure, including
modifications to the cyanidation facility. (3-24-22)
iii. A proposed water quality monitoring
plan. (3-24-22)
iv. An emergency
and spill response plan that describes procedures and methods to be implemented
for the abatement and clean up of any pollutant that may be discharged from the
cyanidation facility during use, handling or disposal of processing chemicals,
petrochemicals and/or fuels, and any other deleterious materials.
(3-24-22)
v. A seasonal/temporary
closure plan, if applicable, that describes the procedures, methods, and
schedule to be implemented for the treatment and disposal of process water and
pollutants, the control of drainage from the cyanidation facility during the
period of closure, the control of drainage from the surrounding area, and the
secure storage of process chemicals. (3-24-22)
t. The permanent closure plan must be the
same as the plan submitted to the Idaho Department of Lands pursuant to the
Idaho Mind Land Reclamation Act, Chapter 15, Title 47, Idaho Code, and the
rules promulgated thereunder. (3-24-22)
u. Characterization of pollutants contained
in or released from the cyanidation facility, including the potential for the
pollutants to cause degradation of waters. (3-24-22)
04. Cost Recovery Agreement. Prior to submittal of the preliminary design report, an applicant must enter into an agreement with the Department for actual costs incurred to review the preliminary design report, process the permit application or any permit modification requests, issue a final permit or permit modification, and review final facility designs prior to construction if such designs were not included in the permit application. The cost recovery agreement may provide for actual costs incurred by the Department for any other service rendered pursuant to these rules or a permit so long as agreed to in advance by the applicant. (3-24-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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