Idaho Admin. Code r. 58.01.11.350

Current through September 2, 2024

Section 58.01.11.350 - PROCEDURES FOR CATEGORIZING OR RECATEGORIZING AN AQUIFER

The following process shall be used for categorizing or recategorizing an aquifer.

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:

a. For Sensitive Resource aquifers:

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);

ii. The ground water in an aquifer or portion of an aquifer is considered highly vulnerable;

iii. The ground water in an aquifer or portion of an aquifer represents an irreplaceable source for the identified beneficial use(s);

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;

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

vi. The ground water within an aquifer or portion of an aquifer demonstrates other criteria which justify the need for additional protection.

b. For General Resource aquifers:

i. An activity with the potential to degrade ground water quality is initiated over an aquifer or portion of an aquifer which presently has no such activities;

ii. The ground water in an aquifer or portion of an aquifer is currently being used for drinking water or another beneficial use which requires similar protection; or

iii. The ground water in an aquifer or portion of an aquifer has a projected future beneficial use of drinking water or another beneficial use which requires similar protection.

c. For other resource aquifers:

i. The ground water quality within an aquifer or portion of an aquifer does not meet one or more of the ground water quality standards in Section 200; and allowing the ground water quality to remain at this level does not impair existing or projected future beneficial uses within the aquifer or portion of an aquifer;

ii. The projected ground water quality within an aquifer or portion of an aquifer will not meet one or more of the ground water quality standards in Section 200 as a result of activities over or within the aquifer or portion of an aquifer; and allowing the proposed degradation will not impair existing or projected future beneficial uses;

iii. Human caused conditions or sources of contamination have resulted in ground water quality standards in Section 200 being exceeded, and the contamination cannot be remedied for economical or technical reasons, or remediation would cause more environmental damage to correct than to leave in place; or

iv. The ground water within an aquifer or portion of an aquifer demonstrates other criteria which justify the need for categorization as an Other Resource.

02.Petition Process. The Department or any other person may petition the Board to initiate rulemaking to categorize or recategorize an aquifer or portion of an aquifer pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules for Protection and Disclosure of Records." In addition to the information required in a rulemaking Petition pursuant to IDAPA 58.01.23, the following information shall be submitted in writing by the Petitioner for the identified aquifer or portion of an aquifer:

a. Current category, if applicable;

b. Proposed category and an explanation of how one or more of the criteria in Subsection 350.01 are met;

c. An explanation of why the categorization or recategorization is being proposed;

d. Location, description and areal extent;

e. General location and description of existing and projected future ground water beneficial uses;

f. Documentation of the existing ground water quality;

g. Documentation of aquifer characteristics, where available, including, but not limited to:

i. Depth to ground water;

ii. Thickness of the water bearing section;

iii. Direction and rate of ground water flow;

iv. Known recharge and discharge areas; and

v. Geology of the area;

h. Identification of any proposed standards, for specified constituents, which would be stricter or less strict than the ground water quality standards in Section 200, or any standards to be applied in addition to those in Section 200; and a rationale for the proposed standards.

03.Preliminary Department Review. Prior to submission of a petition to the Board to categorize or recategorize an aquifer, any person may seek a preliminary review of the petition from the Department. The Department shall respond to the petitioner with comments within forty-five (45) days.

Idaho Admin. Code r. 58.01.11.350

Effective March 24, 2022