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S1338..........................................by RESOURCES AND ENVIRONMENT
WASTE IMPOUNDMENT STRUCTURES - Amends existing law to provide that the
Department of Water Resources may enter into agreements with other state
agencies to avoid duplicate regulation of impoundment structures; and to
provide that structures less than twenty feet in height which are designed
primarily for retention and treatment of municipal, livestock or domestic
wastes, or sediment and wastes from produce washing or food processing
plants, as determined by the director of the Department of Water Resources,
and which are under the jurisdiction of the Division of Environmental
Quality of the Department of Health and Welfare or the Department of
Agriculture, shall not be defined as dams.
02/01 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Res/Env
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, Lee, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Walton/Branch,
Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow, King-Barrutia, McLaughlin, Thorne
Floor Sponsor - Lee
Title apvd - to House
03/10 House intro - 1st rdg - to Res/Con
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister,
Campbell, Chase, Cheirrett, Clark, Crow, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Zimmermann
NAYS -- None
Absent and excused -- Alltus, Black, Cuddy, Deal, Denney, Gould,
Wood, Mr Speaker
Floor Sponsor - Robison
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 To Governor
03/29 Governor signed
Session Law Chapter 78
Effective: 07/01/00
S1338
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1338
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO WASTE TREATMENT IMPOUNDMENT STRUCTURES; AMENDING SECTION 42-1710,
3 IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT OF WATER RESOURCES MAY ENTER
4 INTO AGREEMENTS WITH OTHER STATE AGENCIES TO AVOID DUPLICATE REGULATION OF
5 IMPOUNDMENT STRUCTURES; AMENDING SECTION 42-1711, IDAHO CODE, TO PROVIDE
6 THAT STRUCTURES LESS THAN TWENTY FEET IN HEIGHT UNDER THE JURISDICTION OF
7 THE DIVISION OF ENVIRONMENTAL QUALITY OF THE DEPARTMENT OF HEALTH AND WEL-
8 FARE OR THE DEPARTMENT OF AGRICULTURE, WHICH ARE DESIGNED PRIMARILY FOR
9 RETENTION AND TREATMENT OF MUNICIPAL, LIVESTOCK OR DOMESTIC WASTES, OR
10 SEDIMENT AND WASTES FROM PRODUCE WASHING OR FOOD PROCESSING PLANTS, AS
11 DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES SHALL NOT
12 BE DEFINED AS DAMS AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN
13 EFFECTIVE DATE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 42-1710, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 42-1710. INTENT OF LEGISLATURE -- CONSTRUCTION, MAINTENANCE AND OPERATION
18 OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES. It is the intent of the leg-
19 islature by this act to provide for the regulation of construction, mainte-
20 nance and operation of all dams, reservoirs and mine tailings impoundment
21 structures exclusively by the state to the extent required for the protection
22 of public safety. All dams, reservoirs and mine tailings impoundment struc-
23 tures in the state are under jurisdiction of the department of water
24 resources. The department of water resources, under the police power of the
25 state, shall supervise the construction, enlargement, alteration, repair,
26 maintenance, operation and removal of dams, reservoirs and mine tailings
27 impoundment structures for the protection of life and property. The department
28 of water resources may enter into agreements with other state agencies having
29 jurisdiction over water storage structures to limit duplication of inspection,
30 review and regulation of such structures.
31 SECTION 2. That Section 42-1711, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 42-1711. DEFINITIONS. Unless the context otherwise requires, the follow-
34 ing definitions govern the construction of this act.
35 (a) "Department" means the department of water resources.
36 (b) "Dam" means any artificial barrier, together with appurtenant works,
37 constructed for the purpose of storing water or that stores water, which is
38 ten (10) feet or more in height from the natural bed of the stream or water-
39 course at the downstream toe of the barrier, as determined by the department,
40 or from the lowest elevation of the outside limit of the barrier, if it is not
41 across a stream channel or watercourse, to the maximum water storage eleva-
2
1 tion, or has or will have an impounding capacity at maximum storage elevation
2 of fifty (50) acre feet or more. The following are not included as regulated
3 dams or are not considered dams for the purposes of sections 42-1710 through
4 42-1721, Idaho Code:
5 (1) Barriers constructed in low risk areas as determined by the director,
6 which are six (6) feet or less in height, regardless of storage capacity.
7 (2) Barriers constructed in low risk areas as determined by the director,
8 which impound ten (10) acre-feet or less at maximum water storage eleva-
9 tion, regardless of height.
10 (3) Barriers in a canal used to raise or lower water therein or divert
11 water therefrom.
12 (4) Fills or structures determined by the director to be designed primar-
13 ily for highway or railroad traffic.
14 (5) Fills, retaining dikes or structures less than twenty (20) feet in
15 height, which are under jurisdiction of the division of environmental
16 quality, department of health and welfare, or the department of agricul-
17 ture, determined by the director of the department of water resources to
18 be designed primarily for retention and or treatment of municipal, live-
19 stock, or domestic wastes, or sediment and wastes from produce washing or
20 food processing plants.
21 (6) Levees that store water regardless of storage capacity.
22 (c) "Levee" means a retaining structure alongside a natural lake which
23 has a length that is two hundred (200) times or more greater than its greatest
24 height measured from the lowest elevation of the toe to the maximum crest ele-
25 vation of the retaining structure.
26 (d) "Reservoir" means any basin which contains or will contain the water
27 impounded by a dam.
28 (e) "Owner" includes any of the following who own, control, operate,
29 maintain, manage, or propose to construct a dam, reservoir or mine tailings
30 impoundment structure:
31 (1) The state of Idaho and its departments, agencies, institutions and
32 political subdivisions;
33 (2) The United States of America and any of its departments, bureaus,
34 agencies and institutions; provided that the United States of America
35 shall not be required to pay any of the fees required by section 42-1713,
36 Idaho Code, and shall submit plans, drawings and specifications as
37 required by section 42-1712, Idaho Code, for information purposes only;
38 (3) Every municipal or quasi-municipal corporation;
39 (4) Every public utility;
40 (5) Every person, firm, association, organization, partnership, business
41 trust, corporation or company;
42 (6) The duly authorized agents, lessees, or trustees of any of the fore-
43 going; or
44 (7) Receivers or trustees appointed by any court for any of the forego-
45 ing.
46 (f) "Alterations," "repairs," or either of them, mean only such altera-
47 tions or repairs as may directly affect the safety of the dam, reservoir or
48 mine tailings impoundment structure, as determined by the department.
49 (g) "Enlargement" means any change in or addition to an existing dam,
50 reservoir or mine tailings impoundment structure, which raises or may raise
51 the water storage elevation of the water impounded by the dam or mine tailings
52 slurry impounded by the mine tailings impoundment structure.
53 (h) "Water storage elevation" means the maximum elevation of water sur-
54 face which can be obtained by the dam or reservoir.
55 (i) "Storage capacity" means the total storage at the maximum storage
3
1 elevation.
2 (j) "Days" used in establishing deadlines means calendar days including
3 Sundays and holidays.
4 (k) "Certificate of approval" means a certificate issued by the director
5 for all dams or mine tailings impoundment structures listing restrictions
6 imposed by the director, and without which no new dams shall be allowed to
7 impound water or mine tailings impoundment structures shall be allowed to
8 impound mine tailings slurry.
9 (l) "Mine tailings impoundment structure" means any artificial embankment
10 which is or will be more than thirty (30) feet in height measured from the
11 lowest elevation of the toe to the maximum crest elevation constructed for the
12 purpose of storing mine tailings slurry.
13 (m) "Lift construction" means mine tailings impoundment structure
14 enlargement by raising the elevation of the structure on a continuous or re-
15 curring basis. Such practice will be considered under construction until the
16 structure reaches its final crest elevation.
17 (n) "Mine tailings impoundment elevation" means the maximum elevation of
18 stored mine tailings which can be obtained by the impounding structure.
19 (o) "Mine tailings slurry" means all slurry wastes from a mineral proc-
20 essing or mining operation.
21 (p) "Mine tailings storage capacity" means the total storage volume of
22 the impounding area when filled with tailings to the maximum designed storage
23 elevation.
24 SECTION 3. This act shall be in full force and effect on and after July
25 1, 2000.
STATEMENT OF PURPOSE
RS09388C1
The purpose of this amendment is to make all water storage
structures greater than twenty (20)feet in height subject to
the safety of dam requirements of the Department of Water
Resources. This change would remove the exemption from the
dam safety requirements for some larger waste impoundment
structures. IDWR would be authorized to enter into memorandums
of agreement with other state agencies, having jurisdiction
over such structures, to avoid duplicative inspections, design
reviews and other regulatory activities.
FISCAL IMPACT
This change will add several dams to the Department of Water
Resource's inventory of dams, but no additional funds for
personnel cost or operation cost is requested. A memorandum
of agreement will be adopted between the Department of Water
Resources, the Department of Agriculture and the Division of
Environmental Quality to eliminate duplication of effort
and processing.
CONTACT
Name: Karl Dreher/Norm Young
Agency: Department of Water Resources
Phone: 327-7910
STATEMENT OF PURPOSE/FISCAL NOTE S 1338