Section 58.01.13.007 - DEFINITIONSThe terms "cyanidation," "cyanidation facility," "Department," "Director," "State," and "Waters" have the meaning provided for that term in Section 39-103, Idaho Code. The term "ground water" has the meaning provided in Section 39-121, Idaho Code.
01.Beneficial Use. As defined in IDAPA 58.01.02, "Water Quality Standards," Section 010, as amended.02.Best Management Practices (BMPs). As defined in IDAPA 58.01.02, "Water Quality Standards," Section 010, as amended.03.Degradation. When referring to surface water, "degradation" has the meaning provided in IDAPA 58.01.02, "Water Quality Standards," Section 010. When referring to ground water, "degradation" has the meaning provided in IDAPA 58.01.11, "Ground Water Quality Rule," Section 007.04.Discharge. When used without qualification, any spilling, leaking, emitting, escaping, leaching, or disposing of a pollutant into waters.05.Idaho Pollutant Discharge Elimination System (IPDES) Permit. A permit issued by the Department for the purpose of regulating discharges into surface waters.06.Land Application. A process or activity involving application of liquids or slurries potentially containing cyanide from the cyanidation facility to the land surface for the purpose of treatment, neutralization, disposal, or ground water recharge.07.Liner. A continuous layer of natural or man-made materials beneath and, if applicable, on the sides of ponds, tailings impoundments, or leach pads that restricts the downward and lateral movement of liquids.08.Material Modification or Material Expansion. a. Any change to a permitted cyanidation facility, except as provided in Subsection 007.08.b., that the Department determines will:i. Cause or increase the potential to cause degradation of waters, such as a new cyanidation process or cyanidation facility component;ii. Significantly change the capacity, location, or process of an existing cyanidation facility component; oriii. Change the site condition in a manner that is not adequately described in the original permit application.b. Reclamation and closure related activities at a cyanidation facility with an existing permit that did not actively add cyanide after January 1, 2005 is not material modification or material expansion of the cyanidation facility.09.Material Stabilization. Managing or treating spent ore, tailings or other solids and/or sludges resulting from the cyanidation process to minimize water or all other applied solutions from migrating through the material and transporting pollutants associated with the cyanidation facility to ensure that all discharges comply with all applicable standards and criteria.10.Neutralization or Neutralized. Treatment of process water such that discharge or final disposal of the process water does not, or will not, violate any applicable standards and criteria.11.Outstanding Resource Water (ORW). A high quality water, such as water of national and state parks and wildlife refuges and water of exceptional recreational or ecological significance, which has been designated by the legislature and subsequently listed in IDAPA 58.01.02, "Water Quality Standards." ORW constitutes an outstanding national or state resource that requires protection from point and nonpoint source activities that may lower water quality.12.Permanent Closure. Those activities that result in neutralization, material stabilization and decontamination of cyanidation facilities and the facilities' final reclamation.13.Permanent Closure Plan. A description of the procedures, methods, and schedule that will be implemented to treat and dispose of cyanide-containing materials including spent ore, tailings, and process water and in controlling and monitoring discharges and potential discharges for a reasonable period of time based on site-specific conditions in manner that meets the intent and purpose of Section 39-118A, Idaho Code; Chapter 15, Title 47, Idaho Code; and all applicable rules.14.Permit. When used without qualification, any written authorization by the Director, issued pursuant to the application, public participation and appeal procedures in these rules, governing location, operation and maintenance, monitoring, seasonal and permanent closure, discharge response, and design and construction of a new cyanidation facility or a material expansion or material modification to a cyanidation facility.15.Permittee. The person in whose name a permit is issued and who is to be the principal party responsible for compliance with these rules and the conditions of a permit.16.Person. An individual, corporation, partnership, association, state, municipality, commission, federal agency, special district or interstate body.17.Pollutant. Chemicals, chemical waste, process water, biological materials, radioactive materials, or other materials that, when discharged, cause or contribute adverse effects to any beneficial use, or for any other reason, may impact waters.18.Pond. A process component that stores, confines, or otherwise significantly impedes the horizontal and downward movement of process water. This term does not include tailings impoundments or non-earthen containers such as vats and tanks.19.Post-Closure. The period of time after completion of permanent closure when the permittee is monitoring the effectiveness of the closure activities. Post-closure lasts a minimum of twelve (12) months but may extend until the cyanidation facility is shown to be in compliance with the stated permanent closure objectives and requirements of Chapter 15, Title 47, Idaho Code, and all applicable rules.20.Process Water. Any liquid intentionally or unintentionally introduced into any portion of the cyanidation process. Such liquid may contain cyanide or other minerals, meteoric water, ground or surface water, elements and compounds added to the process solutions for leaching or the general beneficiation of ore, or hazardous materials that result from the combination of these materials.21.Seasonal Closure. Annual cessation of operations that is due to weather.22.Sensitive Resource Aquifer. Any aquifer or portion of an aquifer listed in IDAPA 58.01.11, Ground Water Quality Rule, Subsection 300.01.23.Tailings Impoundment. A process component that is the final depository for processed ore from the mining, milling, or chemical extraction process.24.Temporary Closure. Any cessation of operations exceeding thirty (30) days, other than seasonal or permanent.25.Treatment or Treated. Any method, technique or process, including neutralization, that changes the physical, chemical, or biological character or composition of a waste for the purpose of disposal, or the end result of such action.26.Water Balance. An inventory and accounting process, capable of being reconciled, that integrates all potential sources of water that are entrained in the cyanidation facility or may enter into or exit from the cyanidation facility. The inventory must include the water holding capacity of specific structures within the facility that contain process water. The water balance is used to ensure that all process water and other pollutants can be contained as engineered and designed within a factor of safety as determined in the permanent closure plan.27.Water Management Plan. A document that describes the results of the water balance and the methods that will be used to ensure that pollutants are not discharged from a cyanidation facility into waters unless permitted or otherwise approved by the Department.28.Weak Acid Dissociable (WAD) Cyanide. The cyanide concentration as determined by Method C, Weak Acid Dissociable Cyanide, D2036 of American Society of Testing Materials Book of Standards, "Standard Methods for the Examination of Water and Wastewater," Method 4500-CN- I, or other methods accepted by the scientific community and deemed appropriate by the Department.Idaho Admin. Code r. 58.01.13.007