Idaho Admin. Code r. 58.01.09.400

Current through September 2, 2024

Section 58.01.09.400 - STANDARD PERMIT CONDITIONS

01.Permits. Permits issued will contain the following conditions:

a. Require compliance with all conditions of the permit. The permit does not relieve the permittee of the responsibility to comply with all other applicable local, state, and federal laws;

b. Ensure the financial capability to perform remedial actions and to meet the conditions of an approved closure plan for a facility;

c. Ensure that construction, operation, and maintenance of the facility proceed according to the construction plans and specifications and the approved monitoring, nutrient management and closure plans, and comply with the following:

i. Within thirty (30) days of completion of construction, submit as built plans;

ii. Apply appropriate management practices as approved by the Director;

iii. The facility, or operations associated with the facility, does not create a public health hazard or nuisance conditions including odors;

iv. The facility does not dispose of any material not approved for disposal under the permit into the animal waste management system including, but not limited to, human waste;

v. The removal of animal waste from an impoundment or storage structure is performed in a manner that will not damage the integrity of the liner;

vi. Dead animals are to be removed from the facility in accordance with IDAPA 02.04.17, "Rules Governing Dead Animal Movement and Disposal";

vii. Nutrient management plans are amended if modifications to the facility operation, as outlined in the Nutrient Management Standard or other conditions, warrant the amendment; and

viii. Soil tests are conducted on all land application sites owned or leased by the permittee annually to determine compliance with the nutrient management plan and Nutrient Management Standard. The Director may request more frequent soil tests if deemed necessary;

d. All records and information required to be retained by the permittee must be made available or provided to the Department upon request;

e. Allow the Director, in compliance with the biosecurity and sanitary standards of a facility, so long as the standards do not inhibit reasonable access, to:

i. Enter at reasonable times upon the premises of a permitted facility or where records are kept;

ii. Inspect any facility or land application site; and

iii. Sample or monitor at reasonable times, substances or parameters directly related to compliance with the permit or these rules; and

f. The permittee must report to the Department, in the following manner and time period specified, from the time the permittee knows or should reasonably know of:

i. For any noncompliance which may endanger the public health or the environment:

(1) An oral report within twenty-four (24) hours of the event; and

(2) A written report within five (5) working days of the event, including:

(a) A description of the event and its cause or if the cause is not known, steps taken to investigate and determine the cause;

(b) The period of the event including, to the extent possible, times and dates;

(c) Measures taken to mitigate the event or eliminate the event and protect the public health; and

(d) Steps taken to prevent recurrence of the event; and

ii. Material facts not submitted or incorrect information submitted in a permit application, report, or notice provided to the Department, corrections submitted in writing.

02.Construction. If a permittee fails to begin construction or expansion of a facility within two (2) years of the effective date of a permit, the Director may void the permit.

03.Renewal. If a permittee intends to continue operation of the facility after expiration of an existing permit, the permittee will apply for a new permit at least one hundred eighty (180) days before expiration of the permit.

Idaho Admin. Code r. 58.01.09.400

Effective March 24, 2022