TITLE 39

HEALTH AND SAFETY

CHAPTER 68

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

39-6806.  INSTITUTIONAL CONTROLS PROGRAM PERMIT APPLICATION AND administration. (1) An ICP permit is required for large projects and building renovations.

(2)  An ICP permit is required for a project that changes the use of a property containing contaminants. A new barrier or additional or more substantial barrier may be required unless waived by the department.

(3)  A single annual ICP permit covering a specific list of projects may be obtained from the department by public utilities and government entities eligible under this chapter at the beginning of each year’s construction season.

(4)  To apply for an ICP permit, all applicants need to complete a form provided by the department.

(5)  The department may waive certain application requirements or information, or request additional or alternative actions or information, depending on the type and extent of the project and conditions encountered. In no instance may a waiver violate the intent of this chapter or the applicable ROD for the relevant OU.

(6)  Work requiring an ICP permit may not commence until an inspection has been made or waived by the department and an ICP permit has been issued.

(7)  If the ICP permit involves work within any public right-of-way, the appropriate agencies shall be notified of the work by the entity receiving the ICP permit.

(8)  All work governed by this chapter is subject to inspection by the department.

(a)  All ICP permits granted pursuant to this chapter remain subject to other inspections and requirements prescribed by state or local governments.

(b)  The applicant will notify the department within forty-eight (48) hours of completing the work, excluding weekends and holidays, and call for inspection in accordance with the terms of the ICP permit. The inspector will note approval of the work in writing and enter same in the database tracking system or note reasons for disapproval and steps that shall be taken to complete the work. Upon completion of the work to the department’s satisfaction, the final approval will be noted in the database tracking system. Such entry constitutes the record of compliance for the project. The department may waive the inspection requirement.

(9)  Any ICP permit may be revoked or a stop work order may be issued, without notice by the department, for noncompliance with or violation of any of the provisions of this chapter or any requirement or limitation of the ICP permit. If an ICP permit is revoked, the department shall take such steps as are necessary to eliminate any danger from contamination, including completion of work by the department. The applicant, contractor, or owner may be required to pay all costs and expenses for abatement of any danger and completion of the project, including legal fees incurred by the department to obtain compliance. The department will endeavor to provide written notice but reserves the right to act summarily to protect public health and the environment.

(10) A record of compliance for small projects that documents compliance with the performance standards established by this chapter will be entered into the database tracking system based on an inspection requested of the department by the property owner or tenant. The record of compliance signifies the property owner or tenant was informed of and provided with applicable performance standards and guidelines and materially complied with the same.

(11) Licensing for contractors, public utilities, and government entities.

(a)  Any contractor working on a project requiring an ICP permit shall be licensed by the department. There will be no charge for a contractor’s license. A contractor’s license will not be needed for an owner working on his own property.

(b)  Any public utility or government entity, including a city, county, special purpose district, or the state of Idaho, upon a demonstration that supervisory employees have participated in training approved by the department, may receive an annual license that will allow its employees to perform excavation and grading operations without obtaining individual ICP permits. This license may be granted by the department and will require that the utility or entity comply with the standards of contaminant management and all other requirements contained in this chapter. Entities licensed under this section shall maintain a log of all excavations and grading operations on a form approved by the department. All forms shall be forwarded to the department on a schedule determined by the department. All licensees shall telephone the Shoshone county or Kootenai county one-call locating service, as appropriate, prior to any excavation or grading operation. Licenses will be renewed annually upon a showing that the utility or government entity has operated in compliance with this chapter.

(c)  To obtain a license from the department, the contractor, public utility, or government entity shall participate in training approved by the department and pass an annual examination administered by the department, focusing on the reasons for and methods of controlling contaminants. Supervisors involved in activities dealing with contaminants shall participate in the training and pass information on to employees as is necessary to protect their health and safety and assure compliance with this chapter.

(d)  Any contractor whose license has been revoked by the department within the past three (3) years shall, as a condition of reinstatement and maintaining the status of a licensed contractor, be bonded in the minimum amount of two thousand dollars ($2,000). Said bond shall be at least five percent (5%) of the cost of any contract the contractor is engaged in, whichever is greater; shall be in a form approved by the department; and shall be suitable to insure payment for completion of barrier work not completed by the contractor. A cash deposit or other security acceptable to the department may be utilized in lieu of a bond. The department may establish a bonding program for all contractors, if deemed necessary to carry out the provisions of this chapter.

(e)  Suspension or revocation of license.

(i)   Upon a showing that a contractor, public utility, or government entity licensee has violated any provision of this chapter or has violated any other health or building code within the boundaries of the site or institutional controls administrative area, suspension or revocation of license may be imposed. Suspension may be made by the department. Revocation may be made by the director upon recommendation of the department. Notification of suspension or revocation shall be in writing. No suspension may be made for more than thirty (30) days without approval of the director. Revocation of license may be made by the director upon a showing of good cause.

(ii)  Any person aggrieved by suspension or revocation of license may petition for review pursuant to section 39-107(5), Idaho Code. Filing a petition for review stays the suspension or revocation, unless the board of environmental quality makes a finding that such stay is likely to present a health risk to a person or persons.

(iii) If a license is revoked, the contractor may, upon payment of any cleanup or remediation costs related to past work, reapply for reinstatement of license after one (1) year; however, a contractor whose license has been revoked may not obtain a new license under a different corporate or partnership status until the provisions of this paragraph are satisfied.

(12) Performance of work.

(a)  All work done pursuant to an ICP permit shall be completed in a neat and workmanlike manner and so scheduled as to cause the minimum interference with traffic or public use, if applicable, and a minimum dispersal of contaminants.

(b)  If the work is unduly delayed by the applicant, and if the public interest reasonably so demands, the department has the authority, upon twenty-four (24) hours’ written notice to the applicant, to complete the work to the extent that the barrier is restored and any hazardous material is covered or removed. The actual cost of work by the department, including legal fees plus fifteen percent (15%) as an overhead charge, shall be charged to and paid by the applicant or the owner.

(13) Approval of alternative standards. Any person seeking approval of alternative standards as described in this chapter may submit a written request for approval to the department. The request shall be accompanied by an engineering report indicating why the requesting party should be relieved of the requirement for compliance or why the requested alternate standard is appropriate. At the applicant’s expense, the department may consult with its own engineer to confirm the applicability of this chapter to the proposed project. The department may approve an alternate standard where such approval does not jeopardize the public welfare or existing barriers. The decision of the department will be in writing, stating the reasons for its decision. Any person aggrieved by the department’s action or inaction may petition for review pursuant to section 39-107(5), Idaho Code.

(14) Owner and applicant responsibility for claims and liabilities. Both the owner and the applicant are responsible for ensuring that all requirements of this section are complied with. The applicant is responsible for all claims and liabilities arising out of work performed by the applicant under the ICP permit or arising out of the applicant’s failure to perform obligations with respect to these regulations. The owner is responsible for all claims and liabilities for work done by the owner with or without an ICP permit and for work done at the direction of the owner without an ICP permit. The owner remains responsible to complete the project or to restore the premises to a safe condition to the satisfaction of the department should the applicant fail to complete or restore it.

(15) Responsibility of permit applicant. It is the responsibility of any person applying for, or required to apply for, a permit by this chapter to show affirmatively, by all reasonable means, that his undertaking complies with this chapter or with any related rules, statutes, or ordinances.

(16) Permit revocation. Any permit or permission, actual or implied, granted by the department may be revoked, for cause, by written notice sent to the permit holder or his agent. Any person, association, or corporation who continues to act under such permit or permission, actual or implied, more than ten (10) days after the sending or delivery of notice of revocation is presumed to be in violation of this chapter and subject to the penalties provided in this section.

(17) Variances. A variance may be granted only upon an affirmative showing by an applicant that a unique and undue hardship is caused by a physical characteristic of a project site under an ICP permit that is not of the applicant’s making and that approval of the variance would not be contrary to the public interest or to the purposes of this chapter.

(18) Enforcement. Failure to comply with the provisions of this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act in section 39-108, Idaho Code.

History:

[39-6806, added 2023, ch. 73, sec. 1, p. 246.]