Terms Used In Idaho Code > Title 39 > Chapter 68 - Institutional Controls Program for the Bunker Hill Mining and Metallurgical Complex Superfund Facility

• 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. See Idaho Code 39-6803
• Applicant: means any person, contractor, public utility, government, or other entity that is required to apply for an institutional controls program (ICP) permit. See Idaho Code 39-6803
• 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. See Idaho Code 39-6803
• Board: means the Idaho board of environmental quality. See Idaho Code 39-6803
• Building construction: means construction activity to be performed for any new structure involving disturbance of soil in excess of one (1) cubic yard. See Idaho Code 39-6803
• 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. See Idaho Code 39-6803
• 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. See Idaho Code 39-6803
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the Idaho department of environmental quality. See Idaho Code 39-6803
• Designee: means the entity responsible for implementing the requirements of this chapter as identified by the department through a formal agreement. See Idaho Code 39-6803
• 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. See Idaho Code 39-6803
• Director: means the director of the Idaho department of environmental quality. See Idaho Code 39-6803
• Disposal: means the placement of contaminants into an authorized repository. See Idaho Code 39-6803
• Eligible properties: means residential properties and commercial properties within the institutional controls administrative areas for OU-1 and OU-2 that were maintained properties when the ROD for the OU was established, or maintained properties in OU-3 and existing as of March 27, 2007, and requiring remediation, but not yet remediated. See Idaho Code 39-6803
• Excavation: means any digging, breaching, or disruption of soil or other protective barrier, not including cultivation of agricultural lands and gardens or mining activities regulated under other state and federal programs, that may release or expose contaminants to the environment. See Idaho Code 39-6803
• ICP permit: means a permit for the contaminant management authorization for projects subject to this chapter. See Idaho Code 39-6803
• Infrastructure: means facilities such as trails, roads, streets, highways, and bridges; stormwater, drinking water, and wastewater systems; flood prevention systems, including dikes and levees; and utilities, including electrical power and natural gas systems. See Idaho Code 39-6803
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Mining activities: means the recovery of a mineral from mineral-bearing deposits, which includes reclamation, extraction, excavation, overburden placement, disposal of tailings resulting from processing, and disposal of mineral extraction wastes, including tailings that are the result of extraction, waste rock, and other extraction wastes uniquely associated with mining. See Idaho Code 39-6803
• Owner: means any person, partnership, or corporation having ownership, title, or dominion over property for which an ICP permit is required. See Idaho Code 39-6803
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes a corporation as well as a natural person;