Permit Modification

IDAHO ADMINISTRATIVE CODE IDAPA 58.01.13 Department of Environmental Quality Rules for Ore Processing by Cyanidation Section 750 Page 22 01. Cause for Permit Modification. Causes for permit modification are: (3-24-22) a. A major modification or material modification in the cyanidation facility operation, design or closure plan; or (7-1-26) b. Natural phenomena substantially different from those anticipated in the original permit. (3-24-22) 02. Modification at Request of Permittee. Requests for modification from the permittee must include: (3-24-22) a. A written description of the modification(s); (3-24-22) b. Data supporting the modification request; and (3-24-22) c. Causes and anticipated effects of the modification. (3-24-22) 03. Modification at Request of Director. Pursuant to Subsection 750.01, if the Director determines that cause exists for permit modification, the Director will notify the permittee in writing and request information necessary for the Director to modify the permit. (3-24-22) 04. Modification Procedure. The Director will evaluate the request for a permit modification, based on the information provided in Subsection 750.02 or otherwise obtained by the Department, and determine if the modification requires a major permit modification or a minor permit modification. (3-24-22) a. Major modifications or material modifications are subject to the provisions of Sections 100 and 200 through 205 and the application processing procedures, public notice and comment requirements, and final permit decision provisions of Section 39-118A, Idaho Code. (7-1-26) b. Minor permit modifications are not subject to the provisions of Section 100 and the application processing procedures and public notice and comment requirements in Section 39-118A, Idaho Code. The permittee must notify and receive approval from the Department prior to making minor modifications. (7-1-26) 05. Major Permit Modifications. Changes that require a major permit modification include but are not limited to: (3-24-22) a. Major modifications or material modifications to a cyanidation facility as defined by these rules; or (7-1-26) b. A significant increase or decrease in the time the cyanidation facility is expected to be in operation. (7-1-26) 06. Minor Permit Modifications. Minor permit modifications are those that, if granted, would not result in any increased hazard to the environment or to the public health. Within thirty (30) days of receipt of a written request for a minor modification, the Department will complete an evaluation of the request and either approve or deny the request in writing. Minor modifications may include but are not limited to: (3-24-22) a. The correction of typographical errors in an approved permit; (3-24-22) b. Legal transfer of ownership or operational control; (3-24-22) c. A change in the requirements for monitoring or reporting frequency of the quality or quantity of the project air, water or waste generated; (3-24-22) d. A change in the cost estimates submitted by a permittee to the Idaho Department of Lands to complete permanent closure; and (3-24-22) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.13 Department of Environmental Quality Rules for Ore Processing by Cyanidation Section 800 Page 23 e. A change or modification that is required by a state or federal requirement that supersedes the authorities of these rules. (3-24-22) 751. -- 799. (RESERVED)