Section 091. Amending An Approved Permanent Closure Plan

01. Cause for Permanent Closure Plan Amendment. In the event circumstances arise tha t necessitate amendments to an approved permanent closure plan, the operator shall submit an application to amend th e permanent closure plan and state the reasons the amendment is necessary. Either the operator or the director ma y initiate a process to amend an approved permanent closure plan. Circumstances that could require a permanen t closure plan to be amended include: (3-18-22) a. A material modification or material expansion in the cyanidation facility design or operation fo r which the approved permanent closure plan is no longer adequate; (3-18-22) b. Conditions substantially different from those anticipated in the original permit for which th e approved permanent closure plan is no longer adequate; or (3-18-22) c. A material change as defined in Subsection 010.09 of these rules. (3-18-22) 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 amendmen t in accordance with Section 080 of these rules. An application to amend a permanent closure plan shall include: (3-18-22) a. A written description of the circumstances that necessitate the amendment; (3-18-22) b. Data supporting the request; (3-18-22) c. The proposed amendment; (3-18-22) d. A description of how the amendment will impact the estimated cost to complete permanent closur e pursuant to the chapter; (3-18-22) e. A cost estimate to implement the amended permanent closure plan, prepared in accordance with Subsection 071.02 of these rules; and (3-18-22) f. Payment of a reasonable fee as may be determined by the director in accordance with Section 47- 1508, Idaho Code. (3-18-22) 03. Modification at Request of Director

pact the estimated cost to complete permanent closur e pursuant to the chapter; (3-18-22) e. A cost estimate to implement the amended permanent closure plan, prepared in accordance with Subsection 071.02 of these rules; and (3-18-22) f. Payment of a reasonable fee as may be determined by the director in accordance with Section 47- 1508, Idaho Code. (3-18-22) 03. Modification at Request of Director. If, following consultation with the DEQ, the directo r determines that cause exists to amend the permanent closure plan the director shall notify the operator in writing o f his determination and explain the circumstances that have arisen which require the permanent closure plan to b e amended. Within thirty (30) days or as agreed by the operator and the Department, the operator shall submit a n application to amend the permanent closure plan in accordance with Subsection 091.02. (3-18-22) 04. Adjustment. Adjustments to an approved permanent closure plan may be made by agreemen t between the director and the operator, if the adjustment is consistent with the overall objectives of the approve d permanent closure plan and so long as applicable surface and ground water quality standards will be met. (3-18-22) 092. -- 099. (RESERVED)