Procedures For Categorizing Or Recategorizing An Aquifer

The following process will be used for categorizing or recategorizing an aquifer. (7-1-26) 01. Criteria for Aquifer Categories. The following criteria will be considered when a petition to categorize or recategorize aquifers or portions of aquifers is submitted to the Board. (7-1-26) a. For Sensitive Resource aquifers, the groundwater in an aquifer or portion of an aquifer: (7-1-26) i. Is of a better quality than the groundwater quality standards in Section 200 and maintenance of this quality is needed to protect an identified beneficial use(s); (7-1-26) ii. Is considered highly vulnerable; (7-1-26) iii. Represents an irreplaceable source for the identified beneficial use(s); (7-1-26) iv. Has been degraded and there is a need for additional protection measures to maintain or improve the water quality or prevent impairment of a beneficial use; (7-1-26) v. Is shown to be hydrologically interconnected with surface water and additional protection is needed to maintain the quality of either surface or groundwater. Hydrologic interconnections can include either natural or induced groundwater recharge or discharge areas; or (7-1-26) vi. Demonstrates other criteria which justify the need for additional protection. (7-1-26) b. For General Resource aquifers: (3-24-22) i. An activity with the potential to degrade groundwater quality is initiated over an aquifer or portion of an aquifer which presently has no such activities; (7-1-26) ii. The groundwater in an aquifer or portion of an aquifer: (7-1-26) (1) Is currently being used for drinking water or another beneficial use which requires similar protection; or (7-1-26) (2). Has a projected future beneficial use of drinking water or another beneficial use which requires similar protection. (7-1-26) c. For Other Resource aquifers: (7-1-26) i. The groundwater quality within an aquifer or portion of an aquifer does not meet one (1) or more of the groundwater quality standards in Section 200; and allowing the groundwater quality to remain at this level does not impair existing or projected future beneficial uses within the aquifer or portion of an aquifer; (7-1-26) ii. The projected groundwater quality within an aquifer or portion of an aquifer will not meet one (1) or more of the groundwater quality standards in Section 200 as a result of activities over or within the aquifer or portion of an aquifer, and allowing the proposed degradation will not impair existing or projected future beneficial uses; (7-1-26) iii. Human caused conditions or sources of contamination have resulted in groundwater quality standards in Section 200 being exceeded, and the contamination cannot be remedied for economical or technical reasons, or remediation would cause more environmental damage to correct than to leave in place; or (7-1-26) iv. The groundwater within an aquifer or portion of an aquifer demonstrates other criteria which justify IDAHO ADMINISTRATIVE CODE IDAPA 58.01.11 Department of Environmental Quality Groundwater Quality Rule Section 400 Page 13 the need for categorization as an Other Resource. (7-1-26) 02. Petition Process. The Department or any other person may petition the Board to initiate rulemaking to categorize or recategorize an aquifer or portion of an aquifer pursuant to Section 67-5230, Idaho Code. In addition to the information required in a rulemaking petition, the following information must be submitted in writing by the petitioner for the identified aquifer or portion of an aquifer: (7-1-26) a. Current category, if applicable; (3-24-22) b. Proposed category and an explanation of how one (1) or more of the criteria in Subsection 350.01 are met; (7-1-26) c. An explanation of why the categorization or recategorization is being proposed; (3-24-22) d. Location, description, and areal extent; (7-1-26) e. General location and description of existing and projected future groundwater beneficial uses; (7-1-26) f. Documentation of the existing groundwater quality; (7-1-26) g. Documentation of aquifer characteristics, where available, including, but not limited to: (3-24-22) i. Depth to groundwater; (7-1-26) ii. Thickness of the water bearing section; (3-24-22) iii. Direction and rate of groundwater flow; (7-1-26) iv. Known recharge and discharge areas; and (3-24-22) v. Geology of the area; and (7-1-26) h. Identification of any proposed standards, for specified constituents, that are more or less strict than the groundwater quality standards in Section 200, or any standards to be applied in addition to those in Section 200, and a rationale for the proposed standards. (7-1-26) 03. Preliminary Department Review. Prior to submission of a petition to the Board to categorize or recategorize an aquifer, any person may seek a preliminary review of the petition from the Department. The Department will respond to the petitioner with comments within forty-five (45) days. (7-1-26) 351. -- 399. (RESERVED)