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)
02.
Accuracy and Protectiveness Review. Within ninety (90) days of
receipt of an application and upon determination by the Department that the
application is complete, the Department will review the application for
accuracy and protectiveness based on these and other applicable rules
including, but not limited to, IDAPA 58.01.02, "Water Quality Standards," and
IDAPA 58.01.11, "Ground Water Quality Rule." (3-24-22)
03.
Permit Application
Rejection. (3-24-22)
a. If the Director
decides to reject an application under Subsection
300.03.b., the Director will
provide public notice within ninety (90) days after receipt of the application.
Such notice will be in writing, explain the basis for the rejection, and
constitute a notice of rejection in accordance with Section
39-118A(2)(b),
Idaho Code. (3-24-22)
b. A complete
permit application will be rejected if: (3-24-22)
i. The cyanidation facility as proposed
cannot be conditioned for construction, operation, and closure so as to comply
with applicable state law; or (3-24-22)
ii. Any payment required by the cost recovery
agreement under Subsection
100.04 is due and unpaid.
(3-24-22)
04.
Draft Permit and Fact Sheet. (3-24-22)
a. If the Director decides to prepare a draft
permit or draft major permit modification, the draft will contain the following
information: (3-24-22)
i. All conditions
based on Sections 200 through
204; (3-24-22)
ii All conditions for an approved alternative
under Section 205;
(3-24-22)
iii. All conditions under
Section 500;
(3-24-22)
iv. Any information
incorporated into the draft permit by reference; and (3-24-22)
v. Any other condition the Director finds
appropriate to protect water quality and public health.
(3-24-22)
b. A fact sheet
will accompany the draft permit. The fact sheet will briefly state the
principal facts and the significant legal and policy questions considered in
the draft permit. The fact sheet will include, when applicable: (3-24-22)
i. A brief description of the proposed
cyanidation facility and the operating plan described in the application or
permit modification request. (3-24-22)
ii. A brief summary of the basis for the
conditions on the draft permit, including references to applicable statutes or
regulations and appropriate supporting references to the administrative record;
and. (3-24-22)
iii. The name and
phone number of the agency representative to contact for additional
information. (3-24-22)
