Section 010. Definitions

In addition to the definitions set forth in the chapter, the following definitions apply to these rules: (3-18-22) 01. Adit. A nearly horizontal passage from the surface into an underground mine. (3-18-22) 02. Approximate Previous Contour. A contour that is reasonably comparable to that contour existin g prior to disturbance, or that blends with the adjacent topography. (3-18-22) 03. Best Management Practices (BMP). Practices, techniques or measures developed or identified b y the designated agency and identified in the state water quality management plan which are determined to be a cost- effective and practicable means of preventing or reducing pollutants generated from nonpoint sources to a leve l compatible with water quality goals. (3-18-22) 04. Chapter. The Mined Land Reclamation Act, Title 47, Chapter 15, Idaho Code. (3-18-22) 05. Department. The Idaho Department of Lands. (3-18-22) 06. Discharge. With regard to cyanidation facilities, when used without qualification, any spilling , leaking, emitting, escaping, leaching, or disposing of a pollutant into the waters of the state. (3-18-22) 07. Ground Water. Any water of the state that occurs beneath the surface of the earth in a saturate d geological formation of rock or soil. (3-18-22) 08. Land Application. A process or activity involving application of liquids or slurries potentiall y containing cyanide from the cyanidation facility to the land surface for the purpose of treatment, neutralization , disposal, or groundwater recharge. (3-18-22) 09. Material Change. A change that deviates from the approved reclamation plan or permanent closure plan and causes one (1) or more of the following to occur: (3-18-22) a. Results in a substantial adverse effect to the geotechnical stability of overburden disposal areas , topsoil, stockpiles, roads, embankments, tailings facilities, cyanidation facilities or pit walls; (3-18-22) b

harge. (3-18-22) 09. Material Change. A change that deviates from the approved reclamation plan or permanent closure plan and causes one (1) or more of the following to occur: (3-18-22) a. Results in a substantial adverse effect to the geotechnical stability of overburden disposal areas , topsoil, stockpiles, roads, embankments, tailings facilities, cyanidation facilities or pit walls; (3-18-22) b. Substantially modifies surface water management or a water management plan, not to include routine implementation and maintenance of BMPs; (3-18-22) c. Exceeds the permitted acreage; or (3-18-22) d. Increases overall estimated reclamation costs by more than fifteen percent (15%). (3-18-22) 10. Material Modification or Material Expansion. With regard to cyanidation facilities: (3-18-22) a. Any change to a permitted cyanidation facility, except as provided in Subsection 010.10.b, that th e Department determines will: (3-18-22) i. Cause or increase the potential to cause degradation of waters, such as a new cyanidation process or cyanidation facility component; or (3-18-22) ii. Change the capacity, location, or process of an existing cyanidation facility component; or (3-18-22) iii. Change the site condition in a manner that is not adequately described in the original permi t application. (3-18-22) b. Reclamation and closure related activities at a cyanidation facility with an existing permit that di d not actively add cyanide after January 1, 2005 are not material modifications or material expansions of the cyanidation facility. (3-18-22) 11. Material Stabilization. Managing or treating spent ore, tailings, other solids and/or sludge s resulting from the cyanidation process to minimize waters or all other applied solutions from migrating through th e material and transporting pollutants associated with the cyanidation facility to ensure that all discharges comply wit h all applicable standards and criteria. (3-18-22) 12. Motorized Earth-Moving Equipment

tion. Managing or treating spent ore, tailings, other solids and/or sludge s resulting from the cyanidation process to minimize waters or all other applied solutions from migrating through th e material and transporting pollutants associated with the cyanidation facility to ensure that all discharges comply wit h all applicable standards and criteria. (3-18-22) 12. Motorized Earth-Moving Equipment. Backhoes, bulldozers, front-loaders, trenchers, core drills, and other similar equipment. (3-18-22) 13. Neutralization. Treatment of process waters such that discharge or final disposal of those water s does not, or will not, violate any applicable standards and criteria. (3-18-22) 14. Operating Plan. A plan that describes how a mining operation will be constructed and operated t o avoid or minimize surface disturbance and potential impacts to waters of the state, and to prepare for fina l reclamation. (3-18-22) 15. Permanent Closure. Those activities that result in neutralization, material stabilization, and decontamination of cyanidation facilities or the facilities’ final reclamation. (3-18-22) 16. Permit. When used without qualification, any written authorization, license, or equivalent contro l document issued by the DEQ. This includes authorizations issued pursuant to the application, public participation , and appeal procedures in IDAPA 58.01.13, “Rules for Ore Processing by Cyanidation,” and those issued pursuant t o the application, public participation, and appeal procedures in IDAPA 58.01.25. (3-18-22) 17. Pollutant. Chemicals, chemical waste, process water, biological materials, radioactive materials, o r other materials that, when discharged, cause or contribute adverse effects to any beneficial use or for any other reaso n may impact waters of the state. (3-18-22) 18. Process Waters. Any liquids intentionally or unintentionally introduced into any portion of th e cyanidation process

(3-18-22) 17. Pollutant. Chemicals, chemical waste, process water, biological materials, radioactive materials, o r other materials that, when discharged, cause or contribute adverse effects to any beneficial use or for any other reaso n may impact waters of the state. (3-18-22) 18. Process Waters. Any liquids intentionally or unintentionally introduced into any portion of th e cyanidation process. These liquids may contain cyanide or other minerals, meteoric water, ground or surface water , elements and compounds added to the process solutions for leaching or the general beneficiation of ore, or hazardou s materials that result from the combination of these materials. (3-18-22) 19. Real Property. Land and appurtenances as defined in Section 55-101, Idaho Code. (3-18-22) 20. Reclamation. The process of restoring an area affected by a mining operation or cyanidatio n facility to its original or another beneficial use, considering previous uses, possible future uses, and surroundin g topography. The objective is to re-establish a diverse, self-perpetuating plant community, and to minimize erosion , remove hazards, and maintain water quality. (3-18-22) 21. Reclamation Plan. A plan using a combination of maps, drawings, and descriptions that describe s how a mine is constructed and how reclamation of a mine’s affected land is accomplished. (3-18-22) 22. Revegetation. The establishment of the premining vegetation or a comparable vegetative cover o n the land disturbed by mining operations. (3-18-22) 23. Shaft. A vertical or inclined passage from the surface into an underground mine. (3-18-22) 24. Surface Waters. The surface waters of the state of Idaho. (3-18-22) 25. Treatment. Any method, technique or process, including neutralization, that changes the physical , chemical, or biological character or composition of a waste for the purpose of disposal, or the end result of suc h action. (3-18-22) 26. Water Balance

or inclined passage from the surface into an underground mine. (3-18-22) 24. Surface Waters. The surface waters of the state of Idaho. (3-18-22) 25. Treatment. Any method, technique or process, including neutralization, that changes the physical , chemical, or biological character or composition of a waste for the purpose of disposal, or the end result of suc h action. (3-18-22) 26. Water Balance. An inventory and accounting process capable of being reconciled that integrate s all potential sources of water that are entrained in the cyanidation facility or may enter into or exit from th e cyanidation facility. The inventory must include the water holding capacity of specific structures within the facilit y that contain process water. The water balance is used to ensure that all process water and other pollutants can b e contained as engineered and designed within a factor of safety as determined in the permanent closure plan. (3-18-22) 27. Water Management Plan. A document that describes the results of the water balance and th e methods that will be used to ensure that pollutants are not discharged from a cyanidation facility into waters of th e state, unless permitted or otherwise approved by the DEQ. (3-18-22) 28. Waters of the State. All the accumulations of water, surface and underground, natural an d artificial, public or private, or parts thereof that are wholly or partially within, flow through or border upon the stat e of Idaho. These waters shall not include municipal or industrial wastewater treatment or storage structures or privat e reservoirs, the operation of which has no effect on waters of the state. (3-18-22)