The purpose of this rulemaking is to clarify portions of the Ground Water Quality Rule to promote consistency in application of the rule to mining activities.   The proposed rule addresses the following issues:

1. Adds definitions necessary to improve statewide consistency with interpretation and implementation of mining provisions of the Ground Water Quality Rule;
2. Develops a procedure and process to follow for setting the point(s) of compliance for ground water quality related issues at mining areas;
3. Ground water monitoring at mining areas;
4. Applicability of rule changes; and
5. Imposes a fee on mine operators making an application with the Department of Environmental Quality (DEQ) to set the ground water quality point(s) of compliance.

After consideration of public comments, the rule has been revised at Sections 007 and 401.  The remainder of the rule has been adopted as proposed.

The text of the proposed rule has been drafted based on discussions held and concerns raised during negotiations conducted pursuant to Idaho Code Section 67-5220 and IDAPA 04.11.01.812-815. On April 2, 2008, the Notice of Negotiated Rulemaking was published in the Idaho Administrative Bulletin, Vol. 08-4, pages 38-39, and a preliminary draft rule was made available for public review.  Meetings were held on April 23, May 7, May 21, June 4, and June 30, 2008. Several members of the public participated in this negotiated rulemaking process by attending the meetings and by submitting written comments.

adm.idaho.gov/adminrules/bulletin/mstrtoc.htm

Notice of Negotiated Rulemaking - April 2, 2008

Proposed Rule - August 6, 2008

Notice of Adoption of Pending Rule - December 3, 2008