Current through August 31, 2023
Section 02.04.32.130 - PERMIT CONDITIONSThe following conditions will apply to all permittees: (3-15-22)
01.Compliance Required. The permittee must comply with all conditions of the permit. The permit must not relieve the permittee of the responsibility of complying with all applicable local, state, and federal laws. (3-15-22)02.Construction, Operation, and Maintenance of the Facility. The permittee must ensure that construction, operation, and maintenance of the facility proceed according to the construction plans and specifications and the approved nutrient management plans, and comply with the following: (3-15-22) a. Within thirty (30) days of construction completion, submit as-built construction plans. (3-15-22)b. Apply best management practices as approved by the director. (3-15-22)c. The facility or operations associated with the facility must not adversely affect waters of the state or create nuisance conditions including odor. (3-15-22)d. The removal of animal waste from an impoundment or storage structure must be performed in a manner not to damage the integrity of the liner. (3-15-22)e. Dead animals must be handled in accordance with IDAPA 02.04.17, "Rules Governing Dead Animal Movement and Disposal." (3-15-22)f. Nutrient management plans must be amended in accordance with IDAPA 02.04.30.000 et seq. "Rules Governing Environmental and Nutrient Management." (3-15-22)g. Soil tests must be conducted annually on all land application sites owned or leased by the permittee to determine compliance with the NMP and NMS. The director may require more frequent soil tests if he deems it necessary. (3-15-22)03.Information to be Provided. The permittee must furnish to the director, within a reasonable time, any information which the director may reasonably require to determine whether causes exists to modify or revoke the permit, or to determine compliance with the permit or applicable rules. (3-15-22)04.Entry and Access. The permittee must allow the director entry and access in accordance with Section 25-4008, Idaho Code. (3-15-22)05.Reporting. Permittees must report discharges or noncompliance issues within the following time frames: (3-15-22) a. Within twenty-four (24) hours of the time the permittee knows or should have known of a discharge or unauthorized discharge, the permittee must verbally report the discharge. (3-15-22)b. Within five (5) working days from the time a permittee knows or reasonably should have known of any event which has resulted or which may result in noncompliance with these rules, the permittee must file a written report with the director containing: (3-15-22)i. A description of the event and its cause or if the cause is not known, steps taken to investigate and determine the cause; (3-15-22)ii. The period of the event including, to the extent possible, times and dates; (3-15-22)iii. Measures taken to mitigate or eliminate the event; and (3-15-22)iv. Steps taken to prevent recurrence of the event. (3-15-22)c. Immediately, whenever the permittee knows or learns or should reasonably know of material relevant acts not submitted or incorrect information submitted in a permit application or any report or notice to the director. (3-15-22)06.Construction Commencement. If a permittee fails to begin construction or expansion of a facility within five (5) years of the effective date of the permit, the director may void the permit and require a new permit application. (3-15-22)07.Permit Renewal. If a permittee intends to continue operation of the permitted facility after expiration of an existing permit, the permittee must apply for a new permit at least one hundred eighty (180) days prior to the expiration of the permit. (3-15-22)08.Specific Permit Conditions. The director may establish specific permit conditions on a case by case basis. Specific conditions will be established in consideration of facility's specific characteristics and will be designed to protect the state's water resources. (3-15-22)Idaho Admin. Code r. 02.04.32.130