US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1721.  INITIAL CONSTRUCTION, LIFT CONSTRUCTION, ENLARGEMENT, OR
ALTERATION OF TAILINGS IMPOUNDMENT STRUCTURES -- SUBMISSION OF DUPLICATE
PLANS, DRAWINGS AND SPECIFICATIONS. Owners who shall desire to construct, or
enlarge, or alter or repair, meaning only such alterations or repairs as may
affect the safety of the structure, any mine tailings impoundment structure
for the purpose of storing mine tailings slurry when the same is to be more
than thirty (30) feet in height shall submit duplicate plans, drawings and
specifications of the proposed work to the director, and construction of the
new mine tailings impoundment structure, alteration or repair shall not be
commenced until the owner has applied for and obtained written approval of the
plans, drawings and specifications.
    Owners of mine tailings impoundment structures upon which construction,
lift construction, enlargement or alteration is under way on July 1, 1978, and
for which plans, drawings and specifications would be required if such work
had commenced subsequent to July 1, 1978, shall submit plans, drawings and
specifications with respect to that portion of the work to be performed
subsequent to July 1, 1978, as are required, together with the fee established
hereinafter. In the event that the owner fails to submit such plans, drawings
and specifications contemplated by this paragraph within sixty (60) days, the
director shall give notice to owners to submit plans, drawings and
specifications, and failure to submit plans, drawings and specifications
within thirty (30) days of the date of mailing the notice shall be punishable
as provided in this chapter. Construction, lift construction, enlargement, or
alteration which is under way on July 1, 1978 may be stopped upon issuance of
an order by the director for good cause shown, as determined by the director.
The notice and/or order provided for in this paragraph shall state the good
cause for stoppage determined by the director and shall be given by personal
service or certified mail and a return receipt signed by the owner or
responsible company shall constitute prima facie evidence of service.
    Upon receipt of the plans, drawings and specifications, the director shall
give consideration thereto and shall approve or disapprove the same within the
time provided in this section, and if approved, the director shall affix his
approval thereto and return one (1) copy of such plans, drawings and
specifications, with his approval, to the party or parties proposing to
construct the works.
    Plans, drawings and specifications submitted to the director complete with
fees shall be approved or disapproved in no more than sixty (60) days and in
no less than fourteen (14) days after receipt. Defective plans, drawings and
specifications made in a bona fide attempt to conform to the law and rules and
regulations of the water resource board shall not be rejected but notice of
defect stating in detail the defect or defects found in the plans, drawings or
specifications shall be sent to the owner by certified mail. If within thirty
(30) days of the date of mailing the notice the owner does not file amended
plans, drawings and specifications, the plans, drawings and specifications
shall be rejected and cancelled unless, for good cause shown, the director
allows the owner further time.
    The construction of all mine tailings impoundment structures under plans,
drawings and specifications approved by the director shall be pursued with
reasonable diligence to completion, taking into consideration the nature of
and purpose for which said construction, lift construction, enlargement or
alteration is made.
    The plans, drawings and specifications shall include the following
information:
    (a)  The name and address of the owner.
    (b)  The location, type, size and height of the proposed mine tailings
impoundment structure and appurtenant works.
    (c)  The storage capacity of the impoundment area.
    (d)  Such other pertinent information as the director may require
consistent with good engineering practice including the following:
    (1)  Data concerning subsoil and foundation conditions and materials
    entering into construction of the mine tailings impoundment structure.
    (2)  Investigations of, and reports on subsurface conditions involving
    such matters as exploratory pits, trenches, and adits, drilling, coring,
    geophysical surveys, tests to determine leakage rates, and physical tests
    to measure in place the property and behavior of foundation materials at
    the impoundment structure site.
    (3)  Investigation of and reports on the geology of the impoundment
    structure site and its vicinity, possible geological hazards, availability
    and quality of construction materials, and other pertinent factors.
    The plans, drawings and specifications shall be of such character and size
setting forth such pertinent details and dimensions and in such form as the
director requires consistent with good engineering practice. Plans, drawings
and specifications which are submitted to the department shall be prepared by
or under the direction of a professional engineer who is entitled to practice
the profession of engineering pursuant to chapter 12, title 54, Idaho Code.
    Where said mine tailings impoundment structure is, in the opinion of the
director, not of sufficient importance to have the provisions of the section
apply to such structure, then the director shall have power, upon written
application, to suspend the provisions of this section in regard to such
structure.