TITLE 39

HEALTH AND SAFETY

CHAPTER 68

INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY

39-6803.  DEFINITIONS. As used in this chapter, unless a different meaning clearly appears from the context:

(1)  "Access restrictions" means physical barriers such as fences, barricades, curbs, barrier rocks, trenches, and temporary barriers that restrict access by vehicles, pedestrians, and animals to contaminated areas.

(2)  "Agricultural land" means land used for pasturing animals or for cultivation and production of agricultural crops, including conservation reserve activities.

(3)  "Applicant" means any person, contractor, public utility, government, or other entity that is required to apply for an institutional controls program (ICP) permit.

(4)  "Barrier" means any physical structure, material, or mechanism that acts to break the pathway between contaminants and human receptors, including but not limited to soil, crushed aggregate/gravel, asphalt and Portland cement concrete, fences, walls, floors, ceilings, access restrictions, or other structure or covering that separates contaminants from contact with people or keeps contaminants in place.

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

(6)  "Building construction" means construction activity to be performed for any new structure involving disturbance of soil in excess of one (1) cubic yard.

(7)  "Building renovation" means construction activity to be performed on any existing structure involving ceiling or insulation removal, work in dirt crawl spaces or basements, or disturbance of soil in basements or crawl spaces in excess of one (1) cubic yard.

(8)  "Commercial property" means retail, wholesale, and commercial businesses; public and common use areas; public buildings; and undeveloped properties accessed by a maintained road or street and zoned for commercial development.

(9)  "Contaminants" means soil or other material containing, or likely to contain, concentrations of lead, arsenic, or cadmium as identified in the standards for contaminant management pursuant to this chapter.

(10) "Department" means the Idaho department of environmental quality.

(11) "Designee" means the entity responsible for implementing the requirements of this chapter as identified by the department through a formal agreement.

(12) "Developed recreation areas" means commercial and public recreation areas containing constructed features such as boat ramps, picnic areas, and campgrounds outside the city limits of incorporated communities in the Coeur d’Alene river corridor as defined under ICP administrative area for OU-3. The developed recreation areas of the trail of the Coeur d’Alenes includes all constructed trail surfaces, stop and views, oases, rest stops, and trailheads, exclusive of all undeveloped areas within the trail right-of-way.

(13) "Director" means the director of the Idaho department of environmental quality.

(14) "Disposal" means the placement of contaminants into an authorized repository.

(15) "Eligible properties" means residential properties and commercial properties within the institutional controls administrative areas for OU-1 and OU-2 that were maintained properties when the ROD for the OU was established, or maintained properties in OU-3 and existing as of March 27, 2007, and requiring remediation, but not yet remediated.

(16) "Excavation" means any digging, breaching, or disruption of soil or other protective barrier, not including cultivation of agricultural lands and gardens or mining activities regulated under other state and federal programs, that may release or expose contaminants to the environment.

(17) "ICP permit" means a permit for the contaminant management authorization for projects subject to this chapter.

(18) "Infrastructure" means facilities such as trails, roads, streets, highways, and bridges; stormwater, drinking water, and wastewater systems; flood prevention systems, including dikes and levees; and utilities, including electrical power and natural gas systems.

(19) "Large project" means a project where one (1) cubic yard or more of soil containing contaminants is disturbed or removed and also includes but is not limited to infrastructure construction and maintenance; building construction, renovation, and demolition; demolition of existing buildings and construction of subdivisions and planned unit developments (PUD); construction within and maintenance of right-of-ways; and land development or any change in the use of land that may result in the release or migration of contaminants.

(20) "Mining activities" means the recovery of a mineral from mineral-bearing deposits, which includes reclamation, extraction, excavation, overburden placement, disposal of tailings resulting from processing, and disposal of mineral extraction wastes, including tailings that are the result of extraction, waste rock, and other extraction wastes uniquely associated with mining.

(21) "OU-1" means the operable unit 1 for the institutional controls administrative area designated to include the twenty-one (21) square-mile area surrounding the former smelter complex, also referred to as the "Bunker Hill box." OU-1 includes the populated areas of the Bunker Hill box.

(22) "OU-2" means the operable unit 2 for the institutional controls administrative area designated to include the twenty-one (21) square-mile area surrounding the former smelter complex, also referred to as the "Bunker Hill box." OU-2 includes the non-populated areas of the Bunker Hill box.

(23) "OU-3" means the operable unit 3 for the institutional controls administrative area designated to include areas of mining-, milling-, and smelting-related contamination in the south fork of the Coeur d’Alene river corridor from its headwaters to the confluence with the north fork of the Coeur d’Alene river and from the confluence of the north and south fork to the mouth of the river and its confluence with Coeur d’Alene lake, including adjacent floodplains, tributaries, and fill areas. The area also includes the trail of the Coeur d’Alenes inside and outside the administrative boundary, except that portion within the exterior boundaries of the Coeur d’Alene Indian reservation. The area also includes areas in the Coeur d’Alene river corridor, as defined in this subsection, outside the administrative boundary where testing has verified that contaminants related to mining, milling, and smelting have come to lie and remediation is required. This area is also referred to as the "Coeur d’Alene basin." The area does not include any area within OU-1 or OU-2 or any other area excluded under this chapter.

(24) "Owner" means any person, partnership, or corporation having ownership, title, or dominion over property for which an ICP permit is required.

(25) "Record of compliance" means the record maintained pursuant to this chapter for small projects.

(26) "Record of decision" or "ROD" means the decision document identifying the selected remedy under CERCLA.

(27) "Release" means any excavation, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing of contaminants into the environment.

(28) "Repository" means an authorized disposal location for contaminants that has been established by the department and the United States environmental protection agency.

(29) "Residential property" means property used by private individuals or families as a residence and undeveloped properties accessed by a maintained road or street and zoned for residential development.

(30) "Sensitive populations" means pregnant women and children up to twelve (12) years old.

(31) "Site" means the geographic area that includes the institutional controls administrative areas for OU-1, OU-2, and OU-3 within the Bunker Hill superfund site.

(32) "Small project" means a project where less than one (1) cubic yard of soil containing contaminants is disturbed or means interior work that is not building renovation.

(33) "Trail of the Coeur d’Alenes" means all developed recreation areas and undeveloped areas within the former Union Pacific railroad Mullan and Wallace branch right-of-way.

History:

[39-6803, added 2023, ch. 73, sec. 1, p. 242.]