Current through September 2, 2024
Section 20.03.02.091 - AMENDING AN APPROVED PERMANENT CLOSURE PLAN01.Cause for Permanent Closure Plan Amendment. In the event circumstances arise that necessitate amendments to an approved permanent closure plan, the operator shall submit an application to amend the permanent closure plan and state the reasons the amendment is necessary. Either the operator or the director may initiate a process to amend an approved permanent closure plan. Circumstances that could require a permanent closure plan to be amended include:a. A material modification or material expansion in the cyanidation facility design or operation for which the approved permanent closure plan is no longer adequate;b. Conditions substantially different from those anticipated in the original permit for which the approved permanent closure plan is no longer adequate; orc. A material change as defined in Subsection 010.09 of these rules.02.Modifications at an Operator's Request. Requests from an operator to modify a permanent closure plan must be submitted to the Department in writing. The director shall process an application for amendment in accordance with Section 080 of these rules. An application to amend a permanent closure plan shall include: a. A written description of the circumstances that necessitate the amendment;b. Data supporting the request;c. The proposed amendment;d. A description of how the amendment will impact the estimated cost to complete permanent closure pursuant to the chapter;e. A cost estimate to implement the amended permanent closure plan, prepared in accordance with Subsection 071.02 of these rules; andf. Payment of a reasonable fee as may be determined by the director in accordance with Section 47-1508, Idaho Code.03.Modification at Request of Director. If, following consultation with the DEQ, the director determines that cause exists to amend the permanent closure plan the director shall notify the operator in writing of his determination and explain the circumstances that have arisen which require the permanent closure plan to be amended. Within thirty (30) days or as agreed by the operator and the Department, the operator shall submit an application to amend the permanent closure plan in accordance with Subsection 091.02.04.Adjustment. Adjustments to an approved permanent closure plan may be made by agreement between the director and the operator, if the adjustment is consistent with the overall objectives of the approved permanent closure plan and so long as applicable surface and ground water quality standards will be met.Idaho Admin. Code r. 20.03.02.091