Idaho Admin. Code r. 37.03.05.010

Current through September 2, 2024

Section 37.03.05.010 - DEFINITIONS

Unless the context otherwise requires, the following definitions govern these rules.

01.Board. The Idaho Water Resource Board.

02.Director. The Director of the Idaho Department of Water Resources.

03.Department. The Idaho Department of Water Resources.

04.Mine Tailings Impoundment Structure. Any artificial embankment which is or will be more than thirty (30) feet in height measured from the lowest elevation of the toe to the maximum crest elevation constructed for the purpose of storing mine tailings slurry.

05.Mine Tailings Slurry. All slurry wastes from a mineral processing or mining operation.

06.Mine Tailings Storage Capacity. The total storage volume of the impoundment when filled with tailings to the maximum approved design storage elevation.

07.Borrowed Fill Embankment. Any embankment constructed of borrowed earth materials and which is designed for construction by conventional earth moving equipment.

08.Reservoir. Any basin which contains or will contain the material impounded by the mine tailings impoundment structure.

09.Owner. Includes any of the following who own, control, operate, maintain, manage, or propose to construct a mine tailings impoundment structure or reservoir.

a. The state of Idaho and any of its departments, agencies, institutions and political subdivisions;

b. The United States of America and any of its departments, bureaus, agencies and institutions; provided that the United States of America shall not be required to pay any of the fees required by Section 42-1713, Idaho Code, and shall submit plans, drawings and specifications as required by Section 42-1721, Idaho Code, for information purposes only;

c. Every municipal or quasi-municipal corporation;

d. Every public utility;

e. Every person, firm, association, organization, partnership, business, trust, corporation or company;

f. The duly authorized agents, lessees, or trustees of any of the foregoing;

g. Receivers or trustees appointed by any court for any of the foregoing.

10.Alterations, Repairs or Either of Them. Only such alterations or repairs as may directly affect the safety of the mine tailings impoundment structure or reservoir, as determined by the Director.

11.Enlargement. Any change in or addition to an existing mine tailings impoundment structure or reservoir, which raises or may raise the storage capacity of the structure, as defined in Rule Subsection 010.06.

12.Days Used in Establishing Deadlines. Calendar days including Sundays and holidays.

13.Certificate of Approval. A certificate issued by the Director for the mine tailings impoundment structure listing restrictions imposed by the Director, and without which no new mine tailings impoundment structures shall be allowed to impound mine tailings slurry or water and no existing impoundment shall be allowed to impound water or continue deposition of mine tailings slurry. The structure will be recertified following the site inspection scheduled according to the Hazard Classification assigned by the Department, unless the Director determines that the structure is unsafe.

14.Engineer. A registered professional engineer, licensed as such by the state of Idaho.

Idaho Admin. Code r. 37.03.05.010

Effective March 30, 2023