TITLE 39

HEALTH AND SAFETY

CHAPTER 1

ENVIRONMENTAL QUALITY — HEALTH

39-176F.  PLAN — APPROVAL OR REJECTION BY DEPARTMENT. (1) Upon receipt by the department of environmental quality of a design and construction plan submitted by an operator, the department shall have ninety (90) days to review the plan.

(2)  Upon determination by the department that a design and construction plan submitted by an operator meets the requirements of this section, the department shall deliver to the operator, in writing, a notice of approval of such plan, and thereafter said plan shall govern and determine the nature and extent of the obligations of the operator for compliance with sections 39-176A through 39-176F, Idaho Code, with respect to the phosphogypsum stack system for which the plan was submitted.

(3)  If the department determines that a design and construction plan fails to fulfill the requirements of this section, it shall deliver to the operator, in writing, a notice of rejection of the plan and shall set forth in said notice of rejection the reasons for such a finding. Upon receipt of said notice of rejection, the operator may submit amended plans within forty-five (45) days. The department shall have sixty (60) days to review an amended plan. Upon further determination by the department that the amended plan does not fulfill the provisions of sections 39-176A through 39-176F, Idaho Code, it shall deliver to the operator, in writing, a notice of rejection of the amended plan in the same manner as provided for rejection of the original plan.

(4)  A notice of rejection may be appealed by the operator to the board.

(5)  The time periods in this section may be adjusted if agreed to by both the department and the operator.

(6)  A construction completion report shall be submitted to the department within ninety (90) days of completion of construction activities. The report shall include final record drawings and conformance of construction to the approved design and construction plan, including construction quality control plans for phosphogypsum stack components.

(7)  The operator shall pay the following fees for the department review and approval of plans and associated documents required by this section:

(a)  Fifteen thousand dollars ($15,000) for a review of a new phosphogypsum stack system;

(b)  Ten thousand dollars ($10,000) for a review of a horizontal or vertical phosphogypsum expansion;

(c)  Five thousand dollars ($5,000) for a review of the placement of an intermediate liner; and

(d)  Two thousand five hundred dollars ($2,500) for a review of a phosphogypsum stack component.

History:

[39-176F, added 2020, ch. 51, sec. 6, p. 122; am. 2021, ch. 246, sec. 6, p. 767.]