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._." IDAHO 

ADMINISTRATIVE 

CODE 

July 1, 1999 - Volume 3 

Official Publication of the State of Idaho 

.Published by the Department of Administration 

Office of Administrative Rules 

The Idaho Administrative Code is published annually by the Office of the
 

Administrative Rules Coordinator, Department of Administration, Statehouse Mail,
 

Boise, Idaho 83720~0306, pursuant to Title 67, Chapter 52, Idaho Code.
 

. Dirk Kempthorne, Governor· 

Pamela 1. Ahrens, Director, Department of Administration 

Rick Thompson, Administrative Rules Coordinator 

Dennis R. Stevenson, Assistant R\.lles Coordinator, Editor 

. Karen: L. Gustafson, ASsistant RulesCoordinator, Editor 

Cover PhotoCourtesy of the City of Boise
 

Printed by Meridian Quality Copy &: Print, Inc., Meridian, Idaho
 

•
 
c 

IDAPA 16 

TITLE 01
 

Chapter 05
 

16.01.05· RULES AND STANDARDS FOR HAZARDOUS WASTE 

000. LEGAL AUTHORITY.
 

These rules are adopted pursuant to the authority vested in the Board of Health and Welfare by the Hazardous Waste
 

Management Act of 1983 (HWMA), Sections 39-4401 et seq., Idaho Code, and the authority vested in the Director of
 

the Department of Health and Welfare by the Hazardous Waste Facility Siting Act of 1985, Sections 39-5801 et seq.,
 

Idaho Code. (3-1-93)
 

001. TITLE.
 

These rules shall be known as Idaho Department of Health and Welfare Rules, IDAPA 16.01.05, "Rules and
 

Standards for Hazardous Waste". (2-11-94)
 

002. INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS• 

. Any reference in these rules to requirements, procedures,	 or specific forms contained in the Code of Federal 

Regulations (CFR), TItle 40, Parts 124, 260-266, 268, 270, 273, and 279 shall constitute the full adoption by 

reference of that part and Subparts as they appear in 40 CFR, revised as of July 1, 1998, including any notes and 

appendices therein, unless expressly provided otherwise in these rules. (3-19-99) 

01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 270, 273, 279 or Part 124 as pertains to
 

permits for Underground Injection Control (U.I.C.) under the Safe Drinking Water Act, the Dredge or Fill Program
 

under Section 404 of the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) under the
 

Clean Water Act or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or
 

included by reference herein. (7-2-97)
 

02. AvailabilityOf Referenced Material. The federal regulations adopted by reference throughout these
 

rules are maintained at the following locations: (7-2-97)
 o 

a. Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or U.S. 

Government Bookstore, Room 194, Federal Bldg., 915 Second Ave., Seattle, WA 98174, (206)553-4270; and
 

(7-2-97)
 

b. State Law Library, 451 W. State Street, P.O. Box 83720, Boise, ID 83720-0051, (208)334-3316;
 

and (7-2-97)
 

c.	 Division of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, (208)373-0502. 

(7-2-97) 

003. DEFINITIONS.
 

For the purpose of these rules and any materials incorporated herein by reference, the following definitions apply
 

unless their application would be inconsistent with the Hazardous Waste Management Act, or unless these rules
 

expressly provide for different definitions. (3-1-93)
 

01. Board. The Idaho Board of Health and Welfare.	 (6-10-88) 

02. CFR. The United States Code of Federal Regulations.	 (3-1-93) 

03. Department. The Idaho Department of Health and Welfare.	 (6-10-88) 

04. Director. The Director of the Idaho Department of Health and Welfare, or his designee. (12-31-91) 

05. Environmental Appeals Board. When used in the context of 40 CFR, the definition shall be the
 

Director of the Idaho Department of Health and Welfare except where noted in these rules. When used in the context
 

of these rules, the definition shall be the U.S. Environmental Appeals Board. (7-1-97)
 

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1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

06. U.S. Environmental Protection Agency or EPA, EPA Headquarters, or EPA. When used in the 

context of 40 CFR, the definition shall be the Idaho Department of Health and Welfare, except when used to refer to 

an EPA Identification number, EPA forms, publications or guidance, and EPA Acknowledgment of Consent, and 

where noted in these rules. Under the latter circumstances, the definition shall be the U.S. Environmental Protection 

Agency and the Headquarters of the U.S. Environmental Protection Agency as appropriate. When used in the context 

of these rules, the definition shall be the U.S. Environmental Protection Agency. (7-1-97) 

07.	 HWFSA. The Hazardous Waste Facility Siting Act of 1985, Sections 39-5801 et seq., Idaho Code. 

(3-1-93) 

08.	 HWMA. The Hazardous Waste Management Act of 1983, Sections 39-4401 et seq., Idaho Code. 

(3-1-93) 

09. IDAPA. The Idaho Administrative Procedures Act, Chapter 52, TItle 67, Idaho Code.	 (3-1-93) 

10. RCRA. When used in the context of 40 CFR, the definition shall be the comparable sections of the 

Hazardous Waste Management Act of 1983, Sections 39-4401 et seq., Idaho Code. When used in the context of these 

rules, the definition shall be The Resource Conservation and Recovery Act, 42 U.S. Code, Sections 6901 et seq. 

(7-1-97) 

11. Regional Administrator Or Administrator. When used in the context of 40 CFR, the definition shall 

be the Director of the Idaho Department of Health and Welfare, or his designee, except where noted in these rules. 

When used in the context of these rules, the definition shall be the U.S. Environmental Protection Agency Region 10 

Regional Administrator. (7-1-97) 

12. TSD. Treatment, storage or disposal.	 (6-10-88) 

• 13. United States Or U.S. When' used in the context of 40 CPR, the definition shall be the state of 

Idaho, except where noted in these rules. When used in the context of these rules, the definition shall be the United 

States. (7-1-97) 

004. HAZARDOUS WASTE MANAGEMENT SYSTEM.
 

40 CPR Part 260'and all Subparts, except 40 CFR 260.2, are herein incorporated by reference as provided in 40 CFR,
 

revised as of July 1, 1998. For purposes of 40 CPR 260.20 and 260.22, "Federal Register" shall be defined as the
 

Idaho Administrative Bulletin. (3-19-99)
 

005. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.
 

40 CFR Part 261 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,
 

1998. (3-19-99)
 

01. Excluded Wastes. Chemically Stabilized Electric Arc Furnace Dust (CSEAFD) generated by 

Envirosafe Services of Idaho, Inc. (ESII) at ESIJ's facility in Grand View, Idaho using the Super Detox(R) treatment 

process as modified by ESII and that is disposed of in a Subtitle D or Subtitle C landfill is excluded from the lists of 

hazardous waste provided ESII implements a program that meets the following conditions: (3-16-96) 

a. Verification Testing Requirements. Sample Collection and analyses, including quality control 

procedures, conducted pursuant to Subsections 005.0 Lb. and 005.0l.c., must be performed according to SW-846 

methodologies and the RCRA Part B permit, including future revisions. (3-16-96) 

b. Initial Verification Testing.	 (3-16-96) 

i. For purposes of Subsections 005.0l.b., "new source" shall mean any generator of Electric Arc 

Furnace Dust (EAFD), EPA and Idaho Division of Environmental Quality Hazardous Waste No. K061, whose waste 

has not previously been processed by ESII using the Super Detox(R) treatment process resulting in processed EAFD 

which has been subjected to initial verification testing and has demonstrated compliance with the delisting levels 

specified in Subsection 005.0l.d. (3-16-96) 

•	 Page 3 
c 1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

ii. Prior to the initial treatment of any new source of EAFD, ESII must notify the Department in 

writing. The written notification shall include: (3-16-96) 

(1) The waste profile information; and	 (3-16-96) 

(2) The name and address of the generator.	 (3-16-96) 

ui. The first four (4) consecutive batches treated must be sampled in accordance with Subsection 

005.01.a. Each of the four (4) samples shall be analyzed to determine if the CSEAFD generated meets the delisting 

levels specified in Subsection 005.01.d. (3-16-96) 

iv. If the initial verification testing demonstrates that the CSEAFD samples meet the delisting levels 

specified in Subsection 005.01.d., ESn shall submit the operational and analytical test data, including quality control 

information, to the Department, in accordance with Subsection 005.01.f. Subsequent to such data submittal, the 

CSEAFD generated from EAFD originating from the new source shall be considered delisted. (3-16-96) 

v. CSEAFD generated by ESII from EAFD originating from a new source shall be managed as 

hazardous waste in accordance with Subtitle C of RCRA until: . (3-16-96) 

(1) Initial verification testing demonstrates that the CSEAFD meets the delisting levels specified in 

Subsection 005.01.d.; and (3-16-96) 

(2) The operational and analytical test data is submitted to the Department pursuant to Subsection 

005.01.b.iv.	 (3-16-96) 

vi. For purposes of Subsections 005.01.b. and 005.01.c., "batch" shall mean the CSEAFD which 

results from a single treatment episode in a full scale mixing vessel. (3-16-96) 

c. Subsequent Verification Testing.	 (3-16-96) o 

i. Subsequent to initial verification testing, ESII shall collect a representative sample, in accordance 

with Subsection 005.01.a., from each batch of CSEAFD generated by ESII. ESn may, at its discretion, conduct 

subsequent verification testing on composite samples. In no event shall a composite sample consist of representative 

samples from more than twenty (20) batches of CSEAFD. (3-16-96) 

ii. The samples shall be analyzed prior to disposal of each batch of CSEAFD to determine if the 

CSEAFD meets the delisting levels specified in Subsection 005.01.d. (3-16-96) 

ui. .Each batch of CSEAFD generated by ESII shall be subjected to subsequent verification testing no 

later than thirty (30) days after it is generated by ESII. (3~16-96)

iv. If the levels of constituents measured in a sample, or composite sample, of CSEAFD do not exceed 

the levels set forth in Subsection 005.01.d., then any batch of CSEAFD which contributed to the sample that does not 

exceed the levels set forth in Subsection 005.01.d. is non-hazardous and may be managed and/or disposed of in a 

Subtitle D or Subtitle C landfill. (3-16-96) 

v. If the constituent levels in a sample, or composite sample, exceed any of the delisting levels set 

forth in Subsection 005.01.d., then ESII must submit written notification of the results of the analysis to the 

Department within fifteen (15) days from receiving the final analytical results, and any CSEAFD which contributed 

to the sample must be: (3-16-96) 

(1)	 Retested, and retreated if necessary, until it meets the levels set forth in Subsection 005.01.d.; or 

(3-16-96) 

(2) Managed and disposed of in accordance with Subtitle C of RCRA.	 (3-16-96) 

vi. Each batch of CSEAFD shall be managed as hazardous waste in accordance with Subtitle C of 

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• 1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

RCRA until subsequent verification testing demonstrates that the CSEAFD meets the delisting levels specified in 

Subsection 005.0l.d.. (3-16-96) 

d. Delisting levels. (3-16-96) 

i. All leachable concentrations for these metals must not exceed the following levels (mgll):. 

antimony 0.06 

arsenic 0.50 

barium 7.6 

beryllium 0.010 

cadmium 0.050 

chromium 0.33 

lead 0.15 

mercury 0.009 

nickel 1 

selenium 0.16 

silver 0.30 

thallium 0.020 

vanadium 2 

zinc 70 • (3-16-96) 

ii. Metal concentrations must be measured in the waste leachate by the method specified in 40 CFR 

Part 26l.24. (3-16-96) 

e. Modification of Treatment Process. (3-16-96) 

i. If ESII makes a decision to modify the Super Detox(R) treatment process from the description of 

the process as set forth in ESII's Petition for Delisting Treated K061 Dust by the Super Detox(R) Process submitted to 

the Department on July 14, 1995, ESII shall notify the Department in writing prior to implementing the modification. 

(3-16-96) 

ii. After ESlI's receipt of written approval from the Department, and subject to any conditions 

included with the approval, ESII may implement the proposed modification. (3-16-96) 

in. IfESII modifies its treatment process without first receiving written approval from the Department, 

this exclusion of waste will be void from the time the process was modified. (3-16-96) 

iv. ESII's Petition for Delisting Treated K061 Dust by the Super Detox(R) Process submitted to the 

Department on July 14, 1995 is available at the Division of Environmental Quality, Permits and Enforcement, 1410 

N. Hilton, Boise, Idaho 83706. (3-16-96) 

f. Records and Data Retention and Submittal. (3-16-96) 

i. Records of disposal site, operating conditions and analytical data from verification testing must be 

compiled, summarized, and maintained at ESII's Grand View facility for a minimum of five (5) years from the date 

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c 1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

the records or data are generated. (3-16-96) 

ii. The records and data maintained by ESII must be furnished upon request to the Department or 

EPA.
 

(3-16-96)
 

111. Failure to submit requested records or data within ten (10) business days of receipt of a written
 

request or failure to maintain the required records and data on site for the specified time, will be considered by the
 

Department, at its discretion, sufficient basis to revoke the exclusion to the extent directed by the Department.
 . (3-16-96) 

iv. All records or data submitted to the Department must be accompanied by a signed copy of the
 

following certification statement to attest to the truth and accuracy of the records or data submitted: "Under civil and!
 

or criminal penalty of law for the making or submission of false or fraudulent statements or representations, I certify
 

that the information contained in or accompanying this document is true, accurate, and complete. As to any identified
 

sections of this document for which I cannot personally verify the truth and accuracy, I certify as the ESII official
 

having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that
 

this information is true, accurate, and complete. In the event that any of this information is determined by the
 

Department in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to ESn, I
 

recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by the
 

Department and that ESII will be liable for any actions taken in contravention of ESII's RCRA and CERCLA
 

obligations premised upon ESII's reliance on the void exclusion." (3-16-96)
 

006. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

01. Incorporation By Reference. 40 CPR Part 262 and all Subparts are herein incorporated by reference
 

as provided in 40 CFR, revised as of July 1, 1998. For purposes of 40 CFR 262.53, 262.55, 262.56, and 262.57(b),
 

"Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional
 

Administrator. Copies of advance notification, annual reports, and exception reports, required under those sections,
 

shall also be provided to the Director. For purposes of 40 CFR 262.51 and 262.54(g)(1), EPA shall be defined as the
 o 

U.S. Environmental Protection Agency. (3-19-99) 

02. Generator Emergency Notification. In addition to the emergency notification required by 40 CFR
 

265.56(d)(2) and 262.34(d)(5)(iv)(c), (see 40 CFR 262.34(a)(4)), the emergency coordinator must also immediately
 

notify the State Communications Center by telephone, 1-800-632-8000, to file an identical report. (7-1-97)
 

007. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE.
 

40 CPR Part 263 and all Subparts are herein incorporated by reference as provided in 40 CPR, revised as of July 1,
 

1998. (3-19-99)
 

008. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
 

STORAGE AND DISPOSAL FACILITIES.
 

40 CFR Part 264 and all Subparts (excluding 40 CFR 264.149, 264.150, and 264.301(1)) are herein incorporated by
 

reference as provided in 40 CPR, revised as of July 1, 1998. For purposes of 40 CFR Subsection 264. 12(a), "Regional
 

Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator.
 

(3-19-99) 

009. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE AND DISPOSAL FACILITIES.
 

40 CPR Part 265, and all Subparts (excluding Subpart R. 40 CFR 265.149 and 265.150) are herein incorporated by
 

reference as provided in 40 CFR, revised as of July 1, 1998. For purposes of 40 CPR Subsection 265.12(a), "Regional
 

Administrator" shall be defined as the U.S. Environmental Protection Agency Region 10 Regional Administrator.
 

(3-19-99) 

010. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC
 

TYPES OF HAZARDOUS WASTE FACILITIES.
 

40 CPR Part 266 and all SUbparts (excluding Subparts A and B) are herein incorporated by reference as provided in
 

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'. 1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

40 CFR, revised as of July 1, 1998. (3-19-99) 

011. LAND DISPOSAL RESTRICTIONS.
 

40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,
 

1998, except for 40 CFR 268.1(e)(3), 268.5, 268.6, and 268.42(b). The authority for implementing the provisions of
 

these excluded sections remains with the EPA. However, the requirements of Sections 39-4403(17) and 39-4423,
 

Idaho Code, shall be applied in all cases where these requirements are more stringent than the federal standards. If the
 

Administrator of the EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously
 

create the same case-by-case,variance to the equivalent requirement of these rules. (3-19-99)
 

012. HAZARDOUS WASTE PERMIT PROGRAM.
 

40 CPR Part 270 and all Subparts, except 40 CFR 270.12(a), are herein incorporated by reference as provided in 40
 

CFR, revised as of July 1, 1998. For purposes of 40 CFR 270.2, 270.5, 270.10(e)(2), 270.10(e)(3), 270.10(0(3),
 

270.72(a)(5), and 270.72(b)(5), "EPA" and "Administrator" or "Regional Administrator" shall be defined as the U.S.
 

Environmental Protection Agency and the U.S. Environmental Protection Agency Region 10 Regional Administrator
 

respectively. (3-19-99)
 

013. PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA
 

PERMIT APPLICATIONS).
 

40 CFR Part 124, Subparts A and B are herein incorporated by reference as provided in 40 CFR, revised as of July 1,
 

1998, except that the fourth sentence of 40 CPR l24.31(a), the third sentence of 40 CPR 124.32(a), and the second
 

sentence of 40 CFR l24.33(a) are expressly omitted from the incorporation by reference of each of those subsections.
 

For purposes of 40 CFR l24.6(e), l24.10(b), and 124.10(c)(1)(ii) "EPA" and "Administrator" or "Regional
 

Administrator" shall be defined as the U.S. Environmental Protection Agency and the U.S. Environmental Protection
 

Agency Region 10 Regional Administrator, respectively. (3-19-99)
 

014. INTERIM STATUS SURFACE IMPOUNDMENTS.
 

In accordance with Section 30050) of RCRA which is herein incorporated by reference, surface impoundments in
 

existence on November 8, 1984, and qualifying for interim status shall not receive, store or treat hazardous waste after
 

November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an exemption.
 

Copies of the federal statute herein incorporated by reference are available in the locations provided in Subsection
 

002.02. Standards applicable to new surface impoundments which are referenced in Section 30050) of RCRA as
 

requirements of Section 3004(0) (42 U.S.C. 6924(0)) appear in federal regulations as 40 CPR Parts 264.221-231 and
 

265.221-230 and are incorporated as provided in Sections 008 and 009. (3-1-93)
 

015. STANDARDS FOR THE MANAGEMENT OF USED OIL.
 

01. Incorporation By Reference. 40 CFR Part 279 and all Subparts are herein incorporated by reference 

as provided in 40 CFR, revised as of July 1, 1998. (3-19-99) 

02. Used Oil As A Dust Suppressant. 40 CFR Part 279 contains a prohibition on the use of used oil as a 

dust suppressant at 279.82(a), however, States may petition EPA to allow the use of used oil as a dust suppressant. 

Members of the public may petition the State to make this application to EPA. This petition to the State must: 

(2-11-94) 

a. Be submitted to the Idaho Division of Environmental Quality, 1410 North Hilton, Boise, Idaho 

83706; and (2-11-94) 

b. Demonstrate how the requirements of 40 CFR279 ;82(b) will be met. (2-11-94) 

016. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT.
 

40 CFR Part 273 and all Subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1,
 

1998. (3-19-99)
 

017.··354• (RESERVED). 

• Page 7 
1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste c~ 355. HAZARDOUS WASTE FACILITY SITING LICENSE FEE.
 

An application for a siting license required by HWFSA shall be accompanied by a siting license fee in an amount
 

established by these rules. The license fee shall not exceed seven thousand five hundred dollars ($7,500) and shall be
 

submitted with the siting license application. (3-1-93)
 

01. License Fee Criteria. The siting license fee required by HWFSA and these rules shall be based on 

the costs to the Department of reviewing the siting license application and the characteristics of the proposed 

hazardous waste facility, including the projected site size, projected waste volume, and the hydrogeological 

characteristics surrounding the site. (3-1-93) 

a. "Projected Waste Volume" means the total actual or potential hazardous waste volume, in gallons or 

an equivalent measurement, proposed for the hazardous waste facility. (3-1-93) 

b. "Site Size" means the sum in acres of all proposed "Hazardous Waste Management Unit(s)" as 

defined in Section 004 (40 CFR 260.10). (7-1-97) 

02. License Fee Scale. Except as provided in Subsection 355.03, the siting license fee required by 

HWFSA and these rules shall be determined using the table below. 

LICENSE FEE SCALE· PROJECTED HAZARDOUS WASTE VOLUME (gallons) 

1 acre or greater 

Equal to or greater than 1/2acre, 

butless than 1 acre 

Less than 1/2 acre 

$3,000 

$4,000 

$5,000 

$4,000 

$5,000· 

$6,000 

$7,500 

$7,500 

$7,500 o 

03. License Fee For Facilities Required To Submit Engineering Or Hydrogeological Information. For 

any proposed commercial hazardons waste disposal, treatment or storage facility or any on-site land disposal facility 

for wastes listed pursuant to Section 201(d)(2) and (e), as modified by Section 209 of the Federal Hazardous and 

Solid Waste Amendments of 1984, which must submit engineering or hydrogeological information to indicate 

compliance with technical criteria as adopted in the Hazardous Waste Management Plan, the siting license fee shall 

be seven thousand five hundred dollars ($7,500). (3-1-93) 

04. Expansion, Enlargement Or Alteration Of A Commercial Hazardous Waste Disposal, Treatment Or 

Storage Facility Or Any On-site Land Disposal Facility For Wastes Listed Pursuant To Section 201(0)(2) And (E), As 

Modified By Section 209 Of The Hazardous And Solid Waste Amendments Of 1984. The significant expansion, 

enlargement or alteration of a hazardous waste treatment, storage or disposal facility in existence on July 1, 1985, 

constitutes a new proposal for which a siting license is required and for which a siting license fee must be paid. . (9-22.89) 

05. Siting License Fee Nonrefundable. The siting license fee required by these rules shall be 

nonrefundable and may not be applied toward any subsequent application should the siting license application be 

cancelled or withdrawn, or denied. (3-1-93) 

356. VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES. 

01. Application Contents And Standard Of Review. Applications for variances shall be submitted in 

triplicate and shall contain such detailed plans, specifications, and information regarding objectives, procedures, 

controls, and other pertinent data as the Director may require. A variance shall not exceed one (1) year in duration. 

The Director may grant a variance only if the applicant demonstrates to the Director's satisfaction that construction 

and operation of the TSD facility or site in the manner allowed by the variance and any term or condition imposed as 

part of the variance: (6-10-88) 

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1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

a. Is required to avert unnecessary and significant hardship; (6-10-88) 

b. Is not inconsistent with EPA requirements; and (6-10-88) 

c. Will not create a nuisance or a hazard to the public health, safety or the environment. (6-10-88) 

02. Public Hearings. The Director may hold a public hearing on an initial application for a variance and 

shall hold a public hearing on any application to renew or extend a variance. The public hearing shall be held at a 

location in the county where the operations that are the subject of the application for the variance are conducted 

unless the Director determines that a different location would be more appropriate and convenient for interested 

members of the public. The Director shall give at least twenty (20) days' notice of the hearing to the applicant by 

certified mail and shall cause at least one (1) publication of notice in a newspaper with general circulation in either 

the county where the operation is conducted or the county where the hearing is to be held. The Director shall cause to 

be made a complete record of the testimony and the evidence submitted at the hearing. (6-10-88) 

03. Public Information. All information submitted as part of a variance application shall be treated as 

public information and shall not be subject to any claim of confidentiality. The Director shall make the application 

available for public inspection at the Department's central office and at the appropriate regional office of the 

Department's Division of Environmental Quality. The Director shall make available for public inspection at the 

Department's central office and at all regional offices of the Department's Division of Environmental Quality a current 

list of pending applications for variances and a current schedule of pending variance hearings. (3-1-93) 

• 

04. Director's Decision. No variance shall be issued or denied until the Director has considered the 

relative interests of the applicant, other persons and property affected by the variance and the public. Any variance 

granted pursuant to this section shall be for a period specified by the Director but not more than one (1) year. No 

variance shall be issued or denied without a written order stating the findings upon which the decision is based. 

(3-1-93) 

05. Applicant To Bear Costs. The cost of public notice, recording and transcribing of testimony and 

hearing facilities shall be borne by the applicant, regardless of whether or not a variance is issued. (6-10-88) 

357.·- 499. (RESERVED). 

500. ROUTING OF HAZARDOUS WASTE SHIPMENTS. 

01. Transporting. Any person transporting a quantity of hazardous waste which requires a manifest 

shall, to the extent possible: (6-10-88) 

a. Use state, United States and interstate highways; and (6-10-88) 

b. Avoid municipalities and population centers, even when doing so may add miles to the distance 

traveled. (6-10-88) 

02. Director's Conditions. The Director may, upon a finding that a shipment or shipments of hazardous 

waste constitutes a greater than normal risk to the public health, safety or environment, prescribe by order particular 

conditions for that shipment or shipments including but not limited to special placarding, pilot vehicles. routing 

restrictions, parking restrictions and timing restrictions. (6-10-88) 

501. -- 799. (RESERVED). 

800. INSPECTION PLAN -- FREQUENCY LEVELS.
 

The Department may, as time and resources permit. conduct regular inspections of persons or entities subject to these
 

rules. their records, and property at approximately the following frequency levels based upon potential risk to the
 

public health or environment. (3-6-91)
 

• 

01. Commercial TSD Facilities. Commercial TSD facilities or sites or offsite generator TSD facilities 

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c 1998 IDAHO ADMINISTRATIVE CODE IDAPA 16.01.05 

DHW, Division of Environmental Quality Hazardous Waste 

or sites, up to every day. (3-6-91) 

02. Generator On-site TSD Facilities. Generator on-site TSD facilities or sites -- up to twenty (20) 

times per year. \ (3-1-93) 

03. Transport Vehicles. Transport vehicles as necessary. (3-6-91) 

04. Transport Facilities. Transport facilities or sites -- up to twelve (12) times per year. (3-1-93) 

05. Generators. Generators -- up to twelve (12) times per year. (3-1-93) 

06. Conduct Inspections. Nothing in the preceding schedule of frequency levels may be construed as 

limiting the Department's authority to conduct inspections when there is reasonable cause to suspect a violation of 

HWMA or these rules. The Director may by policy guidance memorandum modify the inspection frequency levels as 

necessary for the effective or efficient enforcement of HWMA and these rules. (3-1-93) 

801.··849. (RESERVED). 

850. ILLEGAL ACTIONS. 

01. False Statements Or Representations. Any person who makes a false statement or representation in 

any application, label, manifest, record, report, permit or other document filed, maintained or used for the purpose of 

complying with these rules or HWMA thereby commits a violation. Each false statement or representation constitutes 

a separate and distinct violation for which civil penalties may be imposed. Any person who knowingly makes a false 

statement or representation of the type described above is, in addition to civil penalties, subject to criminal 

prosecution for the commission of a misdemeanor for each statement or representation. (3-1-93) 

02. Failure To Comply With These Rules, The HWMA, or Other Requirements. Any person who 

violates these rules, HWMA; or any permit, standard, condition, requirement, compliance agreement or order issued 

pursuant to these rules or HWMA thereby commits a violation. Civil penalties may be imposed for each separate o 

violation and for each day of continuing violation. Any person who knowingly commits a violation of the type 

described above is, in addition to civil penalties, subject to criminal prosecution for the commission of a misdemeanor 

for each separate violation and for each day of a continuing violation. (3-1-93) 

851.··899. (RESERVED). 

900. EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS. 

The Director may declare a hazardous waste emergency if the public health, safety or the environment are threatened 

by a release or threat of release of a hazardous waste or a substance which has become a hazardous waste. Following 

a hazardous waste emergency declaration, the Department may spend or obligate to be spent up to two hundred 

thousand dollars ($200,000) from the Hazardous Waste Emergency Account to obtain equipment and materials, 

conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the immediate threat 

and stabilize the situation. The Director may authorize the expenditure or obligation of more than two hundred 

thousand dollars ($200,000) from this account in any given situation upon a finding by the Board that a greater 

expenditure or obligation is prudent and necessary to protect the public health, safety or environment. (3-19-99) 

901.··995. (RESERVED). 

996. ADMINISTRATIVE PROVISIONS.
 

Except as set forth in Section 013 administrative appeals from all final agency decisions shall be governed by Idaho
 

Department of Health and Welfare Rules, IDAPA 16.05.03, Section 000 et seq., "Rules Governing Contested Cases
 

and Declaratory Rulings". (2-11-94)
 

997. CONFIDENTIALITY OF RECORDS.
 

Information obtained by the Department under these rules shall be disclosed to the public in accordance with Chapter
 

3, Title 9, Idaho Code. (3-19-99)
 

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DHW, Division of Environmental Quality Hazardous Waste 

998. INCLUSIVE GENDER AND NUMBER . 

. For the purposes of these rules, words used in the masculine gender also include the feminine and neuter gender, and 

vice versa, where appropriate. Words in the singular include the plural and words in the plural include the singular. 

(3-1-93) 

999. SEVERABILITY. 

The provisions of these rules are severable and if a provision or its application is declared invalid for any reason, that 

declaration will not affect the validity of the remaining provisions. (6-10-88) 

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