T39CH68

Title 39 > T39CH68

Sections (7)

39-6801

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6801. SHORT TITLE. This chapter shall be known and may be cited as the Institutional Controls Program for the Bunker Hill Mining and Metallurgical Complex Superfund Facility Act. History: [39-6801, added 2023, ch. 73, sec. 1, p. 241.]

39-6802

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6802. ESTABLISHMENT OF INSTITUTIONAL CONTROLS PROGRAM. In accordance with the comprehensive environmental response, compensation, and liability act of 1980 (CERCLA), 42 U.S.C. 9605, as amended by the superfund amendments and reauthorization act of 1986 (SARA), P.L. 99-499 , and, to the extent practicable, the national oil and hazardous substances pollution contingency plan, 40 CFR 300, the remedial actions for the Bunker Hill superfund site are selected and documented in decision documents referred to as a record of decision (ROD) and the body of documents referred to as the administrative record. The institutional controls program (ICP) was established under the residential soils/populated areas August 30, 1991, ROD as a component of the human health remedy to maintain protective barriers to underlying contamination. As the Bunker Hill superfund site expanded, this area was referred to as operable unit (OU)-1. The ICP was incorporated into the non-populated areas for OU-2 in the September 22, 1992, ROD to focus on areas of future development, and OU-3 in the September 12, 2002, interim ROD for residential and community areas outside of OU-1 and OU-2. Institutional controls administrative area maps showing the geographic boundaries for the ICP are available to the public on the internet or through the department upon request. History: [39-6802, added 2023, ch. 73, sec. 1, p. 241.]

39-6803

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6803. DEFINITIONS. As used in this chapter, unless a different meaning clearly appears from the context: (1) Access restrictions means physical barriers such as fences, barricades, curbs, barrier rocks, trenches, and temporary barriers that restrict access by vehicles, pedestrians, and animals to contaminated areas. (2) Agricultural land means land used for pasturing animals or for cultivation and production of agricultural crops, including conservation reserve activities. (3) Applicant means any person, contractor, public utility, government, or other entity that is required to apply for an institutional controls program (ICP) permit. (4) Barrier means any physical structure, material, or mechanism that acts to break the pathway between contaminants and human receptors, including but not limited to soil, crushed aggregate/gravel, asphalt and Portland cement concrete, fences, walls, floors, ceilings, access restrictions, or other structure or covering that separates contaminants from contact with people or keeps contaminants in place. (5) Board means the Idaho board of environmental quality. (6) Building construction means construction activity to be performed for any new structure involving disturbance of soil in excess of one (1) cubic yard. (7) Building renovation means construction activity to be performed on any existing structure involving ceiling or insulation removal, work in dirt crawl spaces or basements, or disturbance of soil in basements or crawl spaces in excess of one (1) cubic yard. (8) Commercial property means retail, wholesale, and commercial businesses; public and common use areas; public buildings; and undeveloped properties accessed by a maintained road or street and zoned for commercial development. (9) Contaminants means soil or other material containing, or likely to contain, concentrations of lead, arsenic, or cadmium as identified in the standards for contaminant management pursuant to this chapter. (10) Department means the Idaho department of environmental quality. (11) Designee means the entity responsible for implementing the requirements of this chapter as identified by the department through a formal agreement. (12) Developed recreation areas means commercial and public recreation areas containing constructed features such as boat ramps, picnic areas, and campgrounds outside the city limits of incorporated communities in the Coeur d’Alene river corridor as defined under ICP administrative area for OU-3. The developed recreation areas of the trail of the Coeur d’Alenes includes all constructed trail surfaces, stop and views, oases, rest stops, and trailheads, exclusive of all undeveloped areas within the trail right-of-way. (13) Director means the director of the Idaho department of environmental quality. (14) Disposal means the placement of contaminants into an authorized

39-6804

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6804. SCOPE AND APPLICABILITY. (1) The purpose of this chapter is to ensure that ICP activities associated with excavation and grading, such as infrastructure development and maintenance; building construction and renovation; and land development, redevelopment, or modification within the institutional controls administrative areas, provide for the construction and maintenance of contaminant barriers and implementation of other contaminant management requirements to preclude the release and migration of contaminants as necessary to protect public health and the environment. It is imperative that current and future development and construction activities proceed in a manner that minimizes the release of contaminants into the environment to minimize exposure to area residents, communities, workers involved in area project work, and environmental receptors and to complement existing land use regulations and permitting processes and provide a screening process to determine whether proposed activities are subject to this chapter. (2) It is the intent of the department to work with local governments, Idaho public health district No. 1, the United States environmental protection agency, federal land management agencies, the Coeur d’Alene Tribe, and private parties in managing contaminants within the regulated area by way of the ICP. This chapter establishes standards for barrier installation and maintenance and other contaminant management practices by: (a) Requiring ICP permits and requiring barriers for certain construction and excavation activities; (b) Licensing contractors, utilities, and government entities that may disrupt or construct barriers or otherwise disturb contaminants; (c) Adopting performance standards; (d) Inspecting for project compliance as required; (e) Regulating the movement and disposal of contaminants; (f) Making it unlawful to knowingly disrupt a barrier in a fashion likely to expose persons to contaminants; (g) Maintaining records of ICP activities, including a database tracking system to assist the public, lenders, and potential purchasers of property within the site; (h) Providing technical assistance and testing; (i) Providing health screening and intervention; (j) Ensuring a readily available repository for contaminants; (k) Providing materials to maintain and restore barriers for small projects; (l) Providing disposal containers to assist in removing contaminated soil for small projects and for transport and disposal of such soil; (m) Providing health and safety information and training to licensees and the public; (n) Providing plastic, gravel, and use of vacuums for interior projects; and (o) Maintaining guidelines for managing contaminants. (3) The department may delegate its authority to implement the ICP, as defined by this chapter, to a designee with local multi-jurisdictio

39-6805

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6805. STANDARDS FOR CONTAMINANT MANAGEMENT. (1) Except as otherwise provided in this chapter, contaminant management is required on all properties within the institutional controls administrative areas of OU-1, OU-2, and OU-3, including properties that have been remediated; properties tested and scheduled for remediation; properties not yet tested; properties with testing of deep soils (below eighteen (18) inches) by the applicant where a project may result in deep excavations; and properties with replacement and repair of remediation barriers in accordance with the remedial design report or other management activities designated for that geographic location or specific property. (2) As necessary to protect public health and the environment, the department may impose contaminant management requirements, other than barrier installations, on projects where: (a) For OU-1 and OU-2, soils exhibit lead concentrations in excess of three hundred fifty (350) parts per million (ppm) lead, particularly where a property has been remediated with either six (6) or twelve (12) inches of clean fill but contaminants in the three hundred fifty (350) to one thousand (1,000) ppm lead range remain below the six (6) or twelve (12) inch depth and those contaminants may be disturbed by a large or small project; (b) For OU-1 and OU-2, any large or small project or building renovation involves the breaching or disturbance of a barrier or the disturbance or migration of contaminants exceeds one thousand (1,000) ppm lead; and (c) For OU-3, properties testing below action levels in the top eighteen (18) inches where large or small projects may disturb contaminants below eighteen (18) inches are in excess of one thousand (1,000) ppm lead or one hundred (100) ppm arsenic. (3) Developed recreation areas with surface soil containing lead concentrations greater than seven hundred (700) ppm lead and one hundred (100) ppm arsenic shall be capped pursuant to the applicable remedial design report or other management activities designated for that geographic location. (4) Agricultural and undeveloped land within the institutional controls administrative area are exempt, unless excavation and grading activities such as soil transport off-site or development by the owner or his agents on these lands is likely to result in the release or migration of contaminants from these lands to adjacent nonagricultural or undeveloped areas. (5) All barriers existing or constructed after the effective date of this chapter shall be maintained and protected to construction specifications as directed by the department. Materials used for barriers will be sampled for contaminants to ensure: (a) For OU-1 and OU-2, that they have no earthen materials containing, on average, more than one hundred (100) ppm of lead or arsenic, nor more than five (5) ppm of cadmium, w

39-6806

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6806. INSTITUTIONAL CONTROLS PROGRAM PERMIT APPLICATION AND administration. (1) An ICP permit is required for large projects and building renovations. (2) An ICP permit is required for a project that changes the use of a property containing contaminants. A new barrier or additional or more substantial barrier may be required unless waived by the department. (3) A single annual ICP permit covering a specific list of projects may be obtained from the department by public utilities and government entities eligible under this chapter at the beginning of each year’s construction season. (4) To apply for an ICP permit, all applicants need to complete a form provided by the department. (5) The department may waive certain application requirements or information, or request additional or alternative actions or information, depending on the type and extent of the project and conditions encountered. In no instance may a waiver violate the intent of this chapter or the applicable ROD for the relevant OU. (6) Work requiring an ICP permit may not commence until an inspection has been made or waived by the department and an ICP permit has been issued. (7) If the ICP permit involves work within any public right-of-way, the appropriate agencies shall be notified of the work by the entity receiving the ICP permit. (8) All work governed by this chapter is subject to inspection by the department. (a) All ICP permits granted pursuant to this chapter remain subject to other inspections and requirements prescribed by state or local governments. (b) The applicant will notify the department within forty-eight (48) hours of completing the work, excluding weekends and holidays, and call for inspection in accordance with the terms of the ICP permit. The inspector will note approval of the work in writing and enter same in the database tracking system or note reasons for disapproval and steps that shall be taken to complete the work. Upon completion of the work to the department’s satisfaction, the final approval will be noted in the database tracking system. Such entry constitutes the record of compliance for the project. The department may waive the inspection requirement. (9) Any ICP permit may be revoked or a stop work order may be issued, without notice by the department, for noncompliance with or violation of any of the provisions of this chapter or any requirement or limitation of the ICP permit. If an ICP permit is revoked, the department shall take such steps as are necessary to eliminate any danger from contamination, including completion of work by the department. The applicant, contractor, or owner may be required to pay all costs and expenses for abatement of any danger and completion of the project, including legal fees incurred by the department to obtain compliance. The department will endeavor to provide written not

39-6807

TITLE 39 HEALTH AND SAFETY CHAPTER 68 INSTITUTIONAL CONTROLS PROGRAM FOR THE BUNKER HILL MINING AND METALLURGICAL COMPLEX SUPERFUND FACILITY 39-6807. INCONSISTENT LAWS — THIS CHAPTER CONTROLS. If any provision of this chapter is inconsistent with the provisions of any other law, general, specific, or local, the provisions of this chapter control. History: [39-6807, added 2023, ch. 73, sec. 1, p. 249.]