TITLE 39

HEALTH AND SAFETY

CHAPTER 1

ENVIRONMENTAL QUALITY — HEALTH

39-176C.  DEFINITIONS. Wherever used or referred to in sections 39-176A through 39-176F, Idaho Code, unless a different meaning clearly appears from the context:

(1)  "Auxiliary holding pond" (AHP) means a lined storage pond typically used to hold process wastewater for the purpose of increasing system storage above that otherwise provided by a collection pond or ponds.

(2)  "Board" means the Idaho board of environmental quality.

(3)  "Intermediate liner" means a liner placed on top of an existing lined or unlined phosphogypsum stack to allow continued use of the existing phosphogypsum stack.

(4)  "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing phosphogypsum stack system.

(5)  "Leachate" means liquid or drainable pore water that has passed through or emerged from phosphogypsum and that may be collected within the phosphogypsum stack system or in a seepage collection drain.

(6)  "Operator" means any person or persons, any partnership, limited partnership, corporation, or any association of persons, either natural or artificial, that own, control, or direct the management of a phosphogypsum stack.

(7)  "Phosphogypsum" means calcium sulfate and by-products produced by the reaction of an acid, such as sulfuric acid or fluoride acid, with phosphate rock to produce phosphoric acid.

(8)  "Phosphogypsum stack" means any defined geographic area associated with a phosphoric acid production facility in which phosphogypsum and process wastewater from phosphoric acid production are disposed of or stored, other than within a fully enclosed building, container, or tank.

(9)  "Phosphogypsum stack system" means the defined geographic area associated with the phosphoric acid production facility in which phosphogypsum and process wastewater are disposed of or stored together, including pumps, piping, ditches, drainage, conveyances, water control structures, collection ponds, cooling ponds, decant ponds, surge ponds, auxiliary holding ponds, and any other collection or conveyance system associated with the transport of phosphogypsum from the plant to the phosphogypsum stack, its management at the stack, and the process wastewater return to phosphoric acid production to the phosphogypsum stack. This includes toe drain systems and ditches and other leachate collection systems, but does not include conveyances within the confines of the fertilizer production plant or emergency diversion impoundments used in emergency circumstances caused by power outages or rainfall events.

(10) "Phosphogypsum stack system component" means collection ponds, cooling ponds, decant ponds, surge ponds, and auxiliary holding ponds.

(11) "Process wastewater" means process wastewater from phosphoric acid production operations.

History:

[39-176C, added 2020, ch. 51, sec. 3, p. 120; am. 2021, ch. 246, sec. 3, p. 763.]