T47CH15
Title 47 > T47CH15
Sections (19)
47-1501
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1501. Purpose of chapter. It is the purpose of this chapter to provide for the protection of the public health, safety and welfare through measures to reclaim the surface of all the lands within the state disturbed by exploration and surface and underground mining operations and measures to assure the proper closure of cyanidation facilities and thereby conserve natural resources, aid in the protection of wildlife, domestic animals, and aquatic resources, and reduce soil erosion. History: [47-1501, added 1971, ch. 206, sec. 1, p. 898; am. 1973, ch. 180, sec. 1, p. 415; am. 2005, ch. 167, sec. 3, p. 512; am. 2019, ch. 226, sec. 2, p. 694.]
47-1502
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1502. Short title. This act shall be known and may be cited as the Idaho mined land reclamation act. The reclamation provisions of this act shall not apply to mining operations regulated by the Idaho dredge and placer mining protection act, nor shall such provisions apply to any workings at an underground mine below the surface. History: [47-1502, added 1971, ch. 206, sec. 2, p. 898; am. 2005, ch. 167, sec. 4, p. 512; am. 2019, ch. 226, sec. 3, p. 694.]
47-1503
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1503. Definitions. Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) Board means the state board of land commissioners or such department, commission, or agency as may lawfully succeed to the powers and duties of such board. (2) Cyanidation means the method of extracting target precious metals from ores by treatment with cyanide solution, which is the primary leaching agent for the extraction. (3) Cyanidation facility means that portion of a new ore processing facility, or a material modification or a material expansion of that portion of an existing ore processing facility, that utilizes cyanidation and is intended to contain, treat, or dispose of cyanide-containing materials including spent ore, tailings, and process water. (4) Director means the head of the department of lands or such officer as may lawfully succeed to the powers and duties of said director. (5) Affected land means the land area included in overburden disposal areas, mined areas, mineral stockpiles, roads, tailings ponds and other areas disturbed on the surface of mining operations. (6) Mineral means coal, clay, stone, sand, gravel, metalliferous and nonmetalliferous type of ores, and any other similar solid material or substance of commercial value to be excavated from natural deposits on or in the earth. (7) Mining operations means the activities performed on the surface of a surface or underground mine in the extraction of minerals from the ground, including the excavating of pits, removal of minerals, disposal of overburden, and the construction of haulage roads, exclusive of exploration operations, except that any exploration operations which, exclusive of exploration roads, (a) result during a period of twelve (12) consecutive months in more than five (5) contiguous acres of newly affected land, or (b) which, exclusive of exploration roads, result during a period of twelve (12) consecutive months in newly affected land consisting of more than ten (10) noncontiguous acres, if such affected land constitutes more than fifteen percent (15%) of the total area of any circular tract that includes such affected land, shall be deemed to be a surface mining operation for the purposes of this chapter. (8) Exploration operations means activities performed on the surface of lands to locate mineral bodies and to determine the mineability and merchantability thereof. (9) Surface mine means an area where minerals are extracted by removing the overburden lying above and adjacent to natural deposits thereof and mining directly from the natural deposits thereby exposed. (10) Underground mine means an area where minerals are extracted from beneath the surface of the ground by means of an adit, shaft, tunnel, decline, portal, bore hole, drill hole for solution mining, or such other means of access beneath the surface of the ground, other than a pit. (11) Mined area mean
47-1504
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1504. Board of land commissioners — Responsibility. The state board of land commissioners is charged with the responsibility of administering this act in accordance with the purpose of the act and the intent of the legislature. The director of the department of lands shall, upon authorization of the board, exercise the powers and discharge the duties vested in the board by this act. History: [47-1504, added 1971, ch. 206, sec. 4, p. 898; am. 1974, ch. 17, sec. 36, p. 308.]
47-1505
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1505. Duties and powers of board. In addition to the other duties and powers of the board prescribed by law, the board is granted and shall be entitled to exercise the following authority and powers and perform the following duties: (1) To administer and enforce the provisions of this chapter and the rules and orders promulgated thereunder as provided in this chapter. (2) To conduct and promote the coordination and acceleration of research, studies, surveys, experiments, demonstrations and training in carrying out the provisions of this chapter. In carrying out the activities authorized by this section, the board may enter into contracts with and make grants to institutions, agencies, organizations and individuals and shall collect and make available any information obtained therefrom. (3) To adopt and promulgate reasonable rules respecting the administration of this chapter and such rules as may be necessary to carry out the intent and purposes of this chapter, provided that no rules shall be adopted that require reclamation activities in addition to those set forth in this chapter. All such rules shall be adopted in accordance with and subject to the provisions of chapter 52, title 67 , Idaho Code. (4) To enter upon affected lands at all reasonable times, for the purpose of inspection, to determine whether the provisions of this chapter have been complied with. Such inspections shall be conducted in the presence of the operator or his duly authorized employees or representatives, and the operator shall make such persons available for the purpose of inspections. (5) To reclaim affected land with respect to which financial assurance has been forfeited and, in the board’s discretion, with the permission of the landowner, to reclaim such other land that becomes affected land. (6) To complete closure activities with respect to a cyanidation facility for which a permanent closure financial assurance has been forfeited. (7) (a) Upon receipt of a reclamation plan or permanent closure plan or amended or supplemental plan required by this chapter, the director shall notify the cities and counties in which the mining operation or cyanidation facility is proposed. The notice shall include the name and address of the operator and shall describe the procedure and the schedule by which the plan may be approved or denied. This notification requirement shall not apply to exploration operations. (b) Cities and counties may review the nonconfidential portions of the plan at the department’s office and may provide comments to the director concerning the plan. Nothing in this section shall extend the time limit for the board to deliver to the operator a notice of rejection or approval of the plan or affect the confidentiality provisions of section 47-1515 , Idaho Code. (c) No city or county shall enact or adopt any ordinance, rule or resolution to regulate exploration or mining operations or a permanent
47-1506
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1506. Operator — Duties prior to operation — Submission of maps and plans. (a) Any operator desiring to conduct mining operations within the state of Idaho for the purpose of immediate or ultimate sale of the minerals in either the natural or processed state shall submit to the board prior to commencing such mining operations a reclamation plan that contains the following: (1) A map of the mine panel on which said operator desires to conduct mining operations, which sets forth with respect to said panel the following: (i) The location of existing roads and anticipated access and main haulage roads planned to be constructed in conducting the mining operations. (ii) The approximate boundaries of the lands to be utilized in the process of mining operations. (iii) The approximate location and, if known, the names of all streams, creeks, or bodies of water within the area where mining operations shall take place. (iv) The name and address of the person to whom notices, orders, and other information required to be given to the operator pursuant to this chapter may be sent. (v) The drainage adjacent to the area where the surface is being utilized by mining operations. (vi) The approximate boundaries of the lands that will become affected lands as a result of mining operations during the year immediately following the date that a reclamation plan is approved as to said panel, together with the number of acres included within said boundaries. (vii) A description of foreseeable water quality impacts from mining operations and proposed water management activities to comply with water quality requirements. (viii) A description of post-closure activities. (2) Diagrams showing the planned location of pits, mineral stockpiles, overburden piles and tailings ponds on said panel. (3) A description of the action which said operator intends to take to comply with the provisions of this chapter as to the mining operations conducted on such mine panel. (b)(1) Any operator who is not required to submit an operating plan for a mining operation to an entity of the federal government shall submit to the board, as part of the reclamation plan, an operating plan with regards to that mining operation. The operating plan shall include: (i) Maps showing the location of existing roads and anticipated access and main haulage roads planned to be constructed for mining operations. (ii) The boundaries and acreage of the lands to be utilized in the process of mining operations. (iii) Maps showing the planned location of pits, mineral stockpiles, overburden piles and tailings ponds for the mining operations. (iv) The location and, if known, the names of all streams, creeks, or bodies of water within the area where mining operations shall take place. (v) The drainage adjacent to the area where the surface is being utilized by mining operations. (vi) The approximate boundaries and acreage of the lands that will become affec
47-1507
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1507. Plan — Approval or rejection by board — Hearing. (a) Upon determination by the board that a reclamation or permanent closure plan or any amended plan submitted by an operator meets the requirements of this chapter, the board shall deliver to the operator, in writing, a notice of approval of such plan, and thereafter said plan shall govern and determine the nature and extent of the obligations of the operator for compliance with this chapter, with respect to the mine panel or cyanidation facility for which the plan was submitted. (b) If the board determines that a reclamation or permanent closure plan or amended plan fails to fulfill the requirements of this chapter, it shall deliver to the operator, in writing, a notice of rejection of the plan and shall set forth in said notice of rejection the reasons for such rejection, the factual findings upon which such rejection is based, the manner in which the plan fails to fulfill said requirements, and the requirements necessary to comply with this chapter. Upon receipt of said notice of rejection, said operator may submit amended plans. Upon further determination by the board that the amended plan still does not fulfill the requirements of said section, it shall deliver to the operator, in writing, a notice of rejection of the amended plan in the same form as set out in this section. (c) Weather permitting, the board shall deliver to the operator within sixty (60) days after the receipt of any reclamation plan or amended reclamation plan, or within one hundred eighty (180) days after the receipt of any permanent closure plan or amended permanent closure plan, the notice of rejection or notice of approval of said plan, as the case may be, provided, however, that if the board fails to deliver a notice of approval or notice of rejection within said time period, the plan submitted shall be deemed to comply with this chapter, and the operator may commence and conduct his mining operations on the mine panel or operate the cyanidation facility covered by such plan as if a notice of approval of said plan had been received from the board; provided, however, that if weather conditions prevent the board from inspecting the mine panel or cyanidation facility to obtain information needed to approve or reject a submitted plan, it may, in writing to the operator, extend the time not to exceed thirty (30) days after weather conditions permit such inspection. (d) For the purpose of determining whether a proposed plan or amended or supplemental plan complies with the requirements of this chapter, the board may, in its discretion, call for a public hearing. The hearing shall be held under such rules as promulgated by the board. Any interested person may appear at the hearing and give testimony. At the discretion of the board, the director may conduct the hearing and transmit a summary thereof to the board. Any hearing held shall not extend the period o
47-1508
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1508. Amended plan — Supplemental plan — Submission. (a) In the event that a material change in circumstances arises that the operator, or the board, believes requires a change in an approved plan, including any amended plan, then the operator shall submit to the board a supplemental plan setting forth the proposed changes and the board shall likewise set forth its proposed changes and state the reasons therefor. Upon determination by the board that a supplemental plan or any amended supplemental plan submitted by the operator meets the requirements of this chapter, it shall deliver to the operator, in writing, a notice of approval of said supplemental plan, and thereafter said supplemental plan shall govern and determine the nature and extent of the obligations of the operator for compliance with respect to the mine panel or cyanidation facility for which the plan was submitted. (b) If the board determines that a supplemental plan fails to fulfill the requirements of this chapter, it shall deliver to the operator, in writing, a notice of rejection of the supplemental plan and shall set forth in said notice of rejection the manner in which said plan fails to fulfill said requirements and shall stipulate the corrective requirements necessary to comply with said sections. Upon receipt of said notice of rejection, the operator may submit amended supplemental plans. Upon further determination by the board that an amended supplemental plan does not fulfill the requirements of said sections, it shall deliver to the operator, in writing, a notice of rejection of amended supplemental plan and shall set forth in said notice of rejection the manner in which such amended supplemental plan fails to fulfill said requirements and shall stipulate the requirements necessary to comply with said sections. (c) The board shall, weather permitting, deliver to the operator within sixty (60) days after the receipt of any supplemental reclamation plan or amended supplemental reclamation plan, or within one hundred eighty (180) days after the receipt of any supplemental permanent closure plan or amended supplemental permanent closure plan, the notice of rejection, setting forth in detail the reasons for such rejection and the factual findings upon which such rejection is based or notice of approval of said plan, as the case may be, provided, however, that if the board fails to deliver a notice of approval or notice of rejection within said time period, the plan submitted shall be deemed to comply with this chapter and the operator may commence and conduct or continue, as the case may be, his mining operations or operate the cyanidation facility as if a notice of approval of said plan had been received from the board. If weather conditions prevent the board from inspecting the mine panel or cyanidation facility to obtain information needed to approve or reject a submitted plan, it may, in writing to the operat
47-1509
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1509. Procedures in reclamation. (a) Except as otherwise provided in this act, every operator who conducts exploration or mining operations that disturb two (2) or more acres within the state of Idaho shall perform the following reclamation activities: (1) Ridges of overburden shall be leveled in such manner as to have a minimum width of ten (10) feet at the top. (2) Peaks of overburden shall be leveled in such a manner as to have a minimum width of fifteen (15) feet at the top. (3) Overburden piles shall be reasonably prepared to control erosion. (4) Manage water as necessary to meet the requirements authorized under chapter 1, title 39 , Idaho Code. (5) Roads that are abandoned shall be cross-ditched insofar as necessary to avoid erosion gullies. (6) Exploration drill holes shall be plugged or otherwise left so as to eliminate hazards to humans or animals. (7) Abandoned affected lands shall be topped to the extent that such overburden is reasonably available from the pit, with that type of overburden conducive to the control of erosion or the growth of the vegetation that the operator elects to plant thereon. (8) The operator shall conduct revegetation activities on the mined areas, overburden piles, and abandoned roads in accordance with the provisions of this act. (9) Tailings ponds shall be reasonably prepared in such a condition that they will not constitute a hazard to human or animal life. (10) Complete all other reclamation required in the approved reclamation plan. (b) The board may request, in writing, that a given road or portion thereof not be cross-ditched or revegetated and, upon such request, the operator shall be excused from performing such activities as to such road or portion thereof. (c) Every operator who conducts exploration or mining operations that disturb less than two (2) acres within the state of Idaho shall, wherever possible, contour the lands so disturbed to approximate the previous contour of the lands. (d) The operator and board may agree, in writing, to do any act with respect to reclamation above and beyond the requirements herein set forth. History: [47-1509, added 1971, ch. 206, sec. 9, p. 898; am. 1973, ch. 180, sec. 4, p. 415; am. 2016, ch. 22, sec. 1, p. 28; am. 2019, ch. 226, sec. 9, p. 701.]
47-1510
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1510. Vegetation planting. (a) Except as otherwise provided in this act, an operator shall plant, on affected lands, vegetation species that can be expected to result in vegetation comparable to the vegetation that was growing on the area occupied by the affected lands prior to the exploration and mining operations. (b) No planting shall be required on any affected lands, or portions thereof, where planting would not be practicable or reasonable because the soil is composed of sand, gravel, shale, stone or other material to such an extent as to prohibit plant growth. (c) No planting shall be required to be made with respect to any of the following: (1) On any mined area or overburden pile proposed to be used in the mining operations for haulage roads, as long as such roads are not abandoned. (2) On any mined area or overburden pile where lakes are formed by rainfall or drainage runoff from the adjoining lands. (3) On any mineral stockpile. (4) On any exploration trench that will become a part of any pit or overburden disposal area. (5) On any road that the operator intends to use in his mining operations, as long as said road has not been abandoned. History: [47-1510, added 1971, ch. 206, sec. 10, p. 898; am. 2019, ch. 226, sec. 10, p. 702.]
47-1511
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1511. Reclamation activities — Time limitations. (a) All reclamation activities required to be conducted under this act shall be performed in a good and workmanlike manner, with all reasonable diligence, and as to a given exploration drill hole, road or trench, within one (1) year after abandonment thereof. (b) The reclamation activity as to a given mine panel shall be commenced within one (1) year after mining operations have permanently ceased as to such mine panel, provided, however, that in the event that during the course of mining operations on a given mine panel, the operator permanently ceases disposing of overburden on a given overburden pile, or permanently ceases removing minerals from a given pit, or permanently ceases using a given road or other affected land, then the reclamation activities to be conducted hereunder as to such pit, road, overburden pile, or other affected land shall be commenced within one (1) year after such termination, despite the fact that all operations as to the mine panel, which includes such pit, road, overburden pile, or other affected land, have not permanently ceased. It shall be presumed that the operator has permanently ceased mining operations as to a given affected land if no substantial amount of overburden has been placed on the overburden pile in question or if no minerals have been removed from the pit in question, as the case may be, for a period of three (3) years. This presumption may be rebutted by evidencing, in writing, to the board what mining operations the operator has planned on the pit, road, overburden pile, or other affected land not used within a three (3) year period. Should the board determine that the operator, in good faith, intends to continue the mining operation within a reasonable period of time, it shall, in writing, so notify the operator. Should the board determine that the operation will not be continued within a reasonable period of time, the board shall proceed as though the mining operation has been abandoned. History: [47-1511, added 1971, ch. 206, sec. 11, p. 898; am. 2019, ch. 226, sec. 11, p. 703.]
47-1512
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1512. financial assurance — Requisites. (a) Prior to conducting any mining operations on a mine panel covered by an approved reclamation plan or operating a cyanidation facility covered by an approved permanent closure plan, an operator shall submit to the board financial assurance meeting the requirements of this section. (1) The initial reclamation financial assurance filed prior to conducting any mining operations on a mine panel shall be in an amount determined by the board to be the estimated reasonable costs of reclamation required in this chapter, in the event of failure to reclaim by an operator, of affected lands proposed to be mined during the next calendar year designated by the operator pursuant to section 47-1506 (a)(1)(vi), Idaho Code, and subsection (b) of this section. (2) The initial permanent closure financial assurance filed prior to operating a cyanidation facility shall be in an amount determined by the board to be the estimated reasonable costs to complete the activities specified in the permanent closure plan required in this chapter, in the event of the failure of an operator to complete those activities. In setting such amount, the board shall avoid duplication with financial assurance deposited with other governmental agencies. (3) The determination of the financial assurance amount shall constitute a final order subject to judicial review as set forth in subsection (a) of section 47-1514 , Idaho Code. In lieu of any financial assurance required hereunder, the operator may deposit cash and governmental securities with the board, in an amount equal to that of the required financial assurance, on the conditions as prescribed in this section. (b) Prior to the time that lands designated to become affected lands on a mine panel, in addition to those designated pursuant to section 47-1506 (a)(1)(vi), Idaho Code, become affected land, the operator shall submit to the board financial assurance meeting the requirements of section 47-1512 (c), Idaho Code, which shall be in the amount necessary to ensure the performance of the duties of the operator under this chapter as to such affected lands actually proposed to be mined within the next calendar year. If additional acreage is subsequently proposed to be mined by an operator, financial assurance shall be in an amount determined by the board to be the estimated reasonable costs of reclamation required by this chapter, in the event of failure to reclaim by an operator, of affected lands proposed to be mined during the next calendar year. (c) For mining operations with affected land greater than five (5) acres, the financial assurance amount shall be based on the estimated reasonable costs of completing reclamation required in this chapter using standard estimating techniques, including indirect costs, developed by the board. For all other mining operations, the financial assurance for reclamation submitted pursuant to th
47-1513
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1513. Operator’s failure to comply — Forfeiture of financial assurance — Penalties — Reclamation fund — Cyanidation closure fund. (a) Whenever the board determines that an operator has not complied with the provisions of this chapter, the board may notify the operator of such noncompliance and may, by private conference, conciliation, and persuasion, endeavor to remedy such violation. In the event of a violation referred to in subsections (d) and (e) of this section, the board may proceed without an administrative action, hearing or decision to exercise the remedies set forth in said subsections. Additionally, no administrative action, hearing or decision shall be required from the Idaho board of environmental quality prior to the board proceeding under subsections (d) and (e) of this section. In the event of the failure of any conference, conciliation and persuasion to remedy any alleged violation, the board may cause to have issued and served upon the operator alleged to be committing such violation a formal complaint that shall specify the provisions of this chapter that the operator allegedly is violating and a statement of the manner in and the extent to which said operator is alleged to be violating the provisions of this chapter. Such complaint may be served by certified mail, and a return receipt signed by the operator, an officer of a corporate operator, or the designated agent of the operator shall constitute service. The operator shall answer the complaint and request a hearing before a designated hearing officer within thirty (30) days from receipt of the complaint if matters asserted in the complaint are disputed. If the operator fails to answer the complaint and request a hearing, the matters asserted in the complaint shall be deemed admitted by the operator, and the board may proceed to cancel the reclamation or permanent closure plan and forfeit the financial assurance in the amount necessary to reclaim affected lands or complete the permanent closure activities. Upon request for a hearing by an operator, the board shall schedule a hearing before a hearing officer appointed by the board at a time not less than thirty (30) days after the date the operator requests a hearing. The board shall issue subpoenas at the request of the director of the department of lands and at the request of the charged operator, and the matter shall be otherwise handled and conducted in accordance with chapter 52, title 67 , Idaho Code. The hearing officer shall, pursuant to said hearing, enter an order in accordance with chapter 52, title 67 , Idaho Code, which, if adverse to the operator, shall designate a time period within which corrective action should be taken. The time period designated shall be long enough to allow the operator, in the exercise of reasonable diligence, to rectify any failure to comply designated in said order. In the event that the operator takes such action as is nec
47-1514
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1514. Appeal from final order — Procedure. (a) Any operator dissatisfied with any final order of the board made pursuant to this chapter may, within sixty (60) days after notice of such order, obtain judicial review thereof by appealing to the district court of the state of Idaho for the county wherein the operator resides or has a place of business, or to the district court for the county in which the cyanidation facility or the land or any portions thereof affected by the order is located. Such appeal shall be perfected by filing with the clerk of such court, in duplicate, a notice of appeal, together with a complaint against the board, in duplicate, which shall recite the prior proceedings before the board or hearing officer, and shall state the grounds upon which the petitioner claims he is entitled to relief. A copy of the summons and complaint shall be delivered to the board or such person or persons as the board may designate to receive service of process. The clerk of the court shall immediately forward a copy of the notice of appeal and complaint to the board, which shall forthwith prepare, certify and file in said court, a true copy of any decision, findings of fact, conclusions or order, together with any pleadings upon which the case was heard and submitted to the board or hearing officer, and shall, upon order of the court, provide transcripts of any record, including all exhibits and testimony of any proceedings in said matter before the board or any of its subordinates. Such suit in the district court shall be a trial de novo and shall proceed in all respects like other civil suits, including, but not limited to, the rights of appeal to the supreme court of the state of Idaho. (b) When the board finds that justice so requires, it may postpone the effective date of a final order made, pending judicial review. The reviewing court, including the court to which a case may be taken on appeal, may issue all necessary and appropriate orders to postpone the effective date of any final order pending conclusion of the review proceedings. (c) Notwithstanding any other provision of this chapter concerning administrative or judicial proceedings, whenever the board determines that an operator has not complied with the provisions of this chapter, the board may file a civil action in the district court for the county wherein the violation, or some part thereof, occurs, or in the district court for the county wherein the defendant resides. The board may request the court to issue an appropriate order to remedy the violation. The right of appeal to the supreme court of the state of Idaho shall be available. History: [47-1514, added 1971, ch. 206, sec. 14, p. 898; am. 1973, ch. 180, sec. 6, p. 415; am. 2005, ch. 167, sec. 12, p. 525.]
47-1515
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1515. Information. Any information supplied by an operator to the board, the director, or the department of lands, and designated by such operator as confidential, shall be subject to disclosure according to chapter 1, title 74 , Idaho Code. History: [47-1515, added 1971, ch. 206, sec. 15, p. 898; am. 1974, ch. 17, sec. 38, p. 308; am. 1990, ch. 213, sec. 66, p. 535; am. 2015, ch. 141, sec. 123, p. 473.]
47-1516
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1516. Deposit of forfeitures and damages. All forfeitures and civil damages collected under the provisions of this act shall be deposited with the state treasurer in a special fund to be used by the board for mined land reclamation purposes. History: [47-1516, added 1971, ch. 206, sec. 16, p. 898; am. 2019, ch. 226, sec. 14, p. 710.]
47-1517
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1517. Conduct of activities. (a) An operator shall conduct all exploration and mining operations in accordance with all applicable statutes and regulations pertaining to water use and mining safety applicable to exploration and mining operations. (b) An operator desiring to operate a cyanidation facility within the state of Idaho shall conduct all related activities in accordance with all applicable statutes and rules related to cyanidation including, but not limited to, section 39-118A , Idaho Code. History: [47-1517, added 1971, ch. 206, sec. 17, p. 898; am. 2005, ch. 167, sec. 13, p. 526; am. 2019, ch. 226, sec. 15, p. 710.]
47-1518
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1518. Effective date — Application of chapter. (a) The reclamation provisions of this chapter shall be in full force and effect on and after May 31, 1971. A surface mine operator shall not be required to perform the reclamation activities referred to in this chapter as to any surface mining operations performed prior to May 31, 1972, and, further, shall not be required to perform such reclamation activities as to any pit or overburden pile as it exists prior to May 31, 1972. (b) The cyanidation provisions of this chapter shall be in full force and effect on and after July 1, 2005. A cyanidation facility with an existing permit approved by the department of environmental quality under section 39-118A , Idaho Code, as of July 1, 2005, shall be deemed to be in full compliance with the requirements of this chapter. If there is a material modification or a material expansion of a cyanidation facility after July 1, 2005, the provisions of this chapter shall apply to the modification or expansion. Provided however, that reclamation or closure-related activities at a facility with an existing cyanidation permit that did not actively add cyanide after January 1, 2005, shall not be considered to be material modifications or a material expansion of the facility. (c) An underground mine operator shall not be subject to this chapter for affected land disturbed by underground mine operations prior to July 1, 2019. If there is a significant change to affected land at an underground mining operation after July 1, 2019, the provisions of this chapter shall apply to the significant change. (d) The financial assurance and post-closure provisions of this chapter amended in 2019 shall be in force and effect on or after July 1, 2019. Provided that the financial assurance and post-closure provisions of this chapter amended in 2019 shall not apply to: (1) Mining operations currently permitted or authorized to commence operations prior to July 1, 2019; or (2) Any mining operation that has permanently ceased operations prior to July 1, 2019. (e) For mining operations that have submitted maps and plans to state or federal agencies as required by section 47-1506 , Idaho Code, but such operations have not been approved prior to July 1, 2019, such operations shall have one (1) year after operation approval to submit plans and financial assurance required by the financial assurance and post-closure provisions of this chapter as amended in 2019. (f) The board shall promulgate temporary rules by August 1, 2019, to implement the 2019 amendments to this chapter. History: [47-1518, added 1971, ch. 206, sec. 19, p. 898; am. 2005, ch. 167, sec. 14, p. 526; am. 2019, ch. 226, sec. 16, p. 710.]
47-1519
TITLE 47 MINES AND MINING CHAPTER 15 MINED LAND RECLAMATION 47-1519. Application of chapter to mineral extraction for public highway purposes. Notwithstanding any other provision of law to the contrary, the bonding provisions of this chapter shall not apply to any surface mining operations conducted by a public or governmental agency for maintenance, repair, or construction of a public highway. Surface mining operations conducted by a public or governmental agency for maintenance, repair, or construction of a public highway which disturb two (2) or more acres shall comply with the provisions of section 47-1506 , Idaho Code, as though all minerals were mined for the purpose of immediate or ultimate sale. Surface mining operations conducted by a public or governmental agency for maintenance, repair or construction of a public highway which disturb less than two (2) acres are exempt from the provisions of section 47-1506 , Idaho Code. The extraction of minerals from within the right-of-way of a public highway by a public or governmental agency for maintenance, repair or construction of a public highway shall not be deemed surface mining operations under this chapter, provided that the affected land is an integral part of the public highway. History: [47-1519, added 1991, ch. 299, sec. 1, p. 786.]