Idaho State Statutes - Idaho Attorney Directory

(1) All plans and specifications
for the construction of a cyanidation facility shall be submitted to and
approved by the department before construction may begin, and all construction
shall be in compliance therewith. Within thirty (30) days of the completion
of such construction, modification or expansion, complete and accurate plans
and specifications depicting that actual construction, modification or
expansion does not deviate from the original approved plans and
specifications, shall be submitted to the department. All plans and
specifications submitted to satisfy the requirements of this section shall be
certified by registered professional engineers.
(2) (a) A cyanidation facility shall not be constructed, operated, or
closed prior to a permit being obtained from the department.
(b) Weather permitting, the director shall deliver to the operator within
one hundred eighty (180) days after the receipt of a complete permit
application the notice of rejection or notice of approval of the permit,
as the case may be, provided however, that, subject to the provisions of
subsection (3) of this section, if the director fails to deliver a notice
of approval or notice of rejection within the time period, the permit
submitted shall be deemed to comply with this chapter, and the operator
may commence to build, operate or close the cyanidation facility covered
by the permit, as the case may be, as if a notice of approval of the
permit had been received from the director. Provided however, that if
weather conditions prevent the director from inspecting the cyanidation
facility to obtain information needed to approve or reject a submitted
permit, he may, in writing to the operator, extend the time not to exceed
thirty (30) days after weather conditions permit such inspection.
(c) The director may require a reasonable fee for processing permit
applications.
(3) (a) Prior to the effective date of rules promulgated under chapter
15, title 47, Idaho Code, the department is authorized to issue a permit
under subsection (2) of this section if the cyanidation facility has
provided financial assurance under the provisions of IDAPA 58.01.13 in an
amount determined by the department to be the estimated reasonable costs
to complete the activities specified in the permanent closure plan
required in IDAPA 58.01.13, in the event of the failure of an operator to
complete those activities, plus ten percent (10%) of such costs. In
setting the amount of financial assurance, the department shall avoid
duplication with any financial assurance, bonds and sureties deposited
with other governmental agencies.
(b) After the effective date of rules promulgated under chapter 15, title
47, Idaho Code, the department shall not issue a permit under subsection
(2) of this section unless the cyanidation facility has satisfied the
financial assurance requirements of chapter 15, title 47, Idaho Code,
relating to ore processing by cyanidation.
(4) A cyanidation facility with an existing permit approved by the
department prior to July 1, 2005, shall be subject to the applicable laws and
rules for ore processing by cyanidation in effect on June 30, 2005. If there
is a material modification or a material expansion of a cyanidation facility
after June 30, 2005, all provisions of this chapter shall apply to the
modification or expansion; provided however, that reclamation or closure
related activities at a facility with an existing cyanidation permit approved
by the department that did not actively add cyanide after January 1, 2005,
shall not be considered to be material modifications or a material expansion
of the facility.
(5) The department shall promulgate temporary rules by August 1, 2005, to
implement the provisions of this act; however, no rulemaking is necessary, nor
shall be required, to increase the amount of financial assurance provided by
the department's interim authority under subsection (3)(a) of this section.

Click here to visit the Official Idaho State Statutes