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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
|||| 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 andor 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