# • EPA APPROVED IDAHO STATUTORY REQUIREMENTS APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM APRIL 1999



# • Idaho Code containing the General Laws ofIdaho Annotated, Volume 7A, Title 39, Chapter44, "HazardousWaste Management", published by the Michie Company, Law Publishers in 1993, Charlottesville, Virginia
Statecitation Description

, Page
39-4402 Legislative findings and purposes: 386 39-4408( I)-(3) Unauthorized treatment; storage, release, use, or disposal of hazardous waste prohibited. 391-392

39-4409(1) (except fourth and fifth sentences) Permit required for hazardous waste treatment, storage, or disposal facilities. 392

39-4409(2), first sentence Interim status granted by RCRA or a permit issued by the U.S. EPA prior to the date that the State program isauthorized. 392

39-4409(4) (except first sentence) Permit review every five years. 393

39-4409(5) Corrective action required for permits issued after effective date of this provision. 393

39-4409(6) Permit may be revoked. 393 39-4409(7) Departmentmay issue a variance from the requirements ofthe rules and regulations. 393

39-4409(8) 

## - Department may issue a research, development, and demonstration permit. 394

39-4423 (except 39-4423(3)(a)&(b)) Disposal ofrestricted hazardous wastes prohibited. 406

39-4424 Disposal ofmanifested waste. 407



# • Page 1of 2EPA APPROVED IDAHO STATUTORY REQUIREMENTS APPLICABLE TOTHE HAZARDOUSWASTE MANAGEMENT PROGRAM APRIL 1999 (cont'd)

1996 Pocket Supplement to the Idaho Code, Volume7A, Title39, Chapter44, "HazardousWaste Management", published by the Michie Company, Law Publishers,Charlottesville, Virginia



## - Statecitation Description Page
39-4403 (except**39~4403(6)&(l4))** Definitions (except for "Gateton" and "PCB") 120-122

39-4411(2) Reporting requirements. for generators, transporters, and owners and operators oftreatment, storage, and disposal facilities. 122

39-4411(4) Generatorrequired to submit an annual written report to the Department. 123

39-4411(5) Operatorofhazardous waste disposal facility required to submit an annual written report to the Department. 123



# o
IdahoCodecontaining the General Laws ofIdaho Annotated, Volume 7A,Title 39, Chapter58, "HazardousWaste Facility Siting",published by the Michie Company, Law Publishers in 1993,

Statecitation
39-5802
39-5803
39-5808

39-5811

39-5813(1) 39-5818(2) Charlottesville,Virginia

.

.Description Legislative intent
Definitions Requirement ofa site license for a commercial hazardous waste treatment, storage, or disposal facility, or anyon-sitedisposal facility. Siting license not required for hazardous waste disposal, treatment,
or storage facility ·inexistence on July I, 1985; siting license required for expansion, enlargement, or alteration ofsuch facilities.
Information requirements for the application Opportunity for the regulated community to designate information
as confidential.



### Page 2 of 2 Page
455.-456
456-457

460

460

462
466

# •

IDAHO CODE

CONTAlNING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

ORIGINALLY PUBUSHED BY AU11iORlTY OF LAWS 1947, CHAPTER 224 '
REPUBUSHED BY AU11iORlTY OF LAWS 1949. CHAPTER l67 AS AMENDED 

# • Compiled Under the Supervision ofthe Idaho Code Commission '

PHILLIP M. BARBER B. NEWAL SQUYRES, 

### JR. M. ALLYN DlNGEL,

### JR. COMMISSIONERS 

### MAX M. SHEll.S. JR. EXECUlTVESECRETARY



## VOLUME SEVEN A

THE MICHIE COMPANY 

### Law PUblishers CHAJU.OT'I'ESVlu.£, VlRGlNlA 

# •

# o

COPYlUoHl' C 1948. 1961. 1977, 1985. 1993 aT 

# o

nc.MJc1aa eoNPAHT



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### '~
, 

# •

HAZARDOUS WASTE MANAGEMENT 39-4306

challenge to pres CODvlncing proof. 124.1 

### .**~hysician** 

### or dentist, as well as the level ofinfonned awareness ofthe In 

### e of such consent. shall be presumed sufficient. [1975. ch, 50, § 

### 5. p.**~v** _ . - Where plainti.!!' WAi challenging only the"advice and disclOlu.ntl" and the "level of informed .warenesa.· he wu only required to overalln. aD ordill&l'ypresumption as to the sufficiency of consent. Rook v. Trout. Il3 Idaho 652. 747 P.2d 61 (19871. Cballealle CO Presump

.a..

. CoaviDciol P1-oof.

Where a writtencon.sent I igned. this sec- The 'convinclng proof' requirement of

### uu. tion**~tateS** that the**advice.~** level of in­ sectioa applies only to cballeng" regardine

rmed awarenesa are only pre ed suffi- C< wh'ether the patientconsented to the fumlah­**c~eDL"** To challenge**~i** ••. the pill! tiff need ing of medical care. not to challenges to the ot establisb by conVlnClng proof . t the sufficiency of the advice and diaclOlUJ'"M and**~ruent** was secured maliciously or by ud._ the level of informed .warenese. Rook v, Rook v, Trout. 113 Idaho 652. 747 P. 61

.Trout, 113 Idaho 652. 7.47 P.2d 61 119871. 119871. 

# • 39-4306- Responsibilitylorconse t 

### anddocumentation thereof.

­ Obtaining consent for such health care i the duty ofthe attending physician or dentistor ofanotherphysician or de tistactingon his or herbehalf or actually providing the contemplated care. atment or procedure; however. a licensedhospital andanymedical or den I office lay or professional employee. acting with the approval of such a p sician or dentist. may perfonn the ministerial act of documenting such co nt by securing the . completion and execution of a fonn or statement in hich the giving of consent for suchcareisdocumentedby or on behalfof a p ient. 

### In performing 

### such a ministerial act. the hospital or medical or den office lay or professional employee shall not be 

### deemed 

### to have engaged i 

### the practice ofmedicine or dentistry: [1975. ch. 60. § 

### 6. p.124.)

Compiler'. Dote&. Sectioll 7 o( S.L. 1975. seat rep.rdinc health can i. s tutonl,. th. 60 decland aD emergeacy. Approved placed upoa the physicianor dantiat, a oapi.**!tC~h** 18. 1975. tal baa no

....ponaibility (or conaeaL K ser v, SL Mary'. Hoep.• 662 F. SUptl. 191 HoepiYl. Idaho 1987).'



### CHAPI'ER 44 HAZARDOUS WASTE MANAGEMENT 

# • SICTION. S&CT'ION. 39-4401. Short titl

.. rele

...u.e or diapoeal ofhu· :J9.-4402. Lqi.lative lindinp and**p~** ardoua wute prohibited. 3g.;.wo;J. DefinitiODl. 39-+409. Permit requirementl (or huardoua 39-4404. Conaiatency .nth federal law. -Ute treatment, storace. 01' 39-4-405. Rula and rerulationa ia gelleral. di.poeal (aciliti-. 39-4406. General powen and dutiee of direc- 39-4410. TraNportation of huardoua -Ute. tor. 39-4411. Recorda

- Reportinc - MonltOl'­ 39-4407. Ideatification of hazardoua wuta. inc·**3~.** UaauthorUed treatmeat, storace. 39-4412. lnapectiona

- Riebt of entry

.

'39-4401 HEALm AND SAFETY 386

UCTlON. 39-+413. Enforcement proc:edurn. 39-+423. DiapoMl of restricted hazardous 39-441•. Remedi•. wutes prohIbited. 39-4415. Violationa conatituting miade- 39-4424. DiapoMl of manifested wute. meanol'll.**39-44~.** IReeerved.J 39-4416. Citizen auiU. 39-4426. Appointment of health inspeetcrs, 39-4417. Hazardous wute emergency .ae- 39-4427. HazardoUl wute diaposal**f~.** count.

. 3KCnON.

39-4428. Collection of feea - Retunu. 39-4417A. r Reserved.] 39-4429. Boolu and recorda to be preserved 39-+417B. Hazardous wute training. emer·

- Entry and inspeencn by de· gency and monitoring ae­ partment of health and wei· COWlt. fare. 39-+418. Loc:a.I government notice. 39-+430. Additiona and penalties. 39-4419. Interstate cooperation. 39-4431. Collection and enfoeeement. 39-4420. Employment security. 39-4432. Diatribution of hazardous wute 39-+421. Good samaritan protection. dispoul fee revenuell. 39-4422. Severability.

....

### w..
......t

.. Act of 1983." (I.C.• § 39-4401. as added by ardo"us 1983. ch.

Compilera ao&es. The worda "thiaac:t" SeC: f. Thiachapter ia re{eiTed to refer to S.L. 1983. c:h. 154. t 1 which ia com· in It 39-711 •• J ·7421 .•9·2206. piled u §t 39-+401 through 39-4422. CUedlD: State v . Hanna I , 699

39-4402. 

### Legislative findings and 

### purpose
..- (1) Th,elegislature of the State of Idaho finds: 

# o

(a) That continuing technological progress. increases in manufacturing

.. and the abatement ofair and water pollution have resulted in ever·in­ creasing'quantities of hazardous waste; (h) That the public health and safety. and the environment. are threat­ ened when hazardous wastes are not managed in an environmentally sound manner; (c) That the knowledge and technology necessary for alleviating adverse health. environmental and aesthetic impacts resulting from current haz-· ardoW! waste management and disposal practices are generally avail­ able; and td) That the problem of proper management of hazardous waste has be­ come a matter of great statewide concern. ' (2l Therefore. it is hereby declared that the purposes of this act are: ta) To protect the public health and safety. the health of living organ­ isms. and the environment from the effects of the improper. inadequate. or unsound management of hazardous waste; (b) To establish a program to track and control hazardous wastes from the time they are generated through transportation. treatment. storage. and disposal;'and, (c) To assure the safe and adequate management of hazardous wastes within the state. (I.C .. § 39-4402. as added by 1983. ch. 154. § 1, p. 416.)


# o

# •

187 HAZARDOUS W ASI'! MANAGEMENT 

### 39-4403 Compiler'. Do&ee. For worda "t.IUa Kt,.**w~** into

..werI)'Uema. 47 A.L.R.3d 1224.

_ Compiler'. ooc... t 39-4401. Applicability of wning reculationa to

CoI1a&enJ RefereDCI& Validity and CDtI· -ute (acilitie. of 1Ita&eor local gov. lCnCtioo of Itatute8.**o~oanCM.** 'or regula. ernmental eotitiea. 59 A.L.R.3d 1244. liDaI cootroll.inc diachuge of**ind~al**



### ) "Commercial hazardous waste facility or site" means any hazardous

facility whose primarybusiness is 

### the treatment, storageor diapoaal, or other consideration, of hazardous waste generated offsite by

other than the owner and operator of the facility. ent" meana the Idaho department of health and welfare. r" 

### meana the director ofthe Idaho departmentofhealth and

director's authorized agent. (5) "Di meansthe diseharge, deposit, iIijec:tion, dumping, spilling, leaking or placi of any hazardous waste into or on any land or water so that such hazardo waste or any constituent thereofmay,enter the environment9r be 

### emi into the airor dischargedinto any waters, including ground 

### waters. 

# • (6) "Gate ton" means e weight. in tons (2,000 poundalton), of waste material

### received at a faci**'~.** 

### This weightdoes notinclude any subsequent changesto 

### the weight res 'ng 

### from the management ofthe wuteby the 

### facility.

(7) 

### "Generator" meana any n, 

### who by virtueofownership, manage-
. ment. or control, is responsible r causing or allowing to be 

### caused the creation of a hazardous waste.

(8) "Hazardous waste"meanaa w or combinationofwastesof a solid, 

### liquid. semisolid. or contained gueous rm which. because ofitsquantity, concentration or characteristics (physi • chemical or biologicallmay:

(a) Cause or significantly contribute to increase in deaths or an in

## crease in serious, irreversible or incapa ting reversible illneeses: or (h) 

### Pose a substantial threat to human he h or to the environment if improperly treated. stored.disposed

### of. or ed. 

### Such wastesinclude, 

### but 

### are not limited to, 

### materials which are to corrosive, ignitible, or reactive, or materials which may have mutagen; teratogenic, or carci­ nogenic properties but do not include solid or di ved material in do­ mestic sewage. or solid or dissolved materials in im tion return flows orindustrialdischargeswhich arepointsourcessubject nationalpollu­ tiondischarge elimination system permitsunder the F ral Water Pol­ lution Control Act. as amended, 33 U.S.C., Section 1251 et 8pecialnuclear, or by-product material as defined by the A 

### Act of 1954, 

### as amended, 42 U.S.C.• Section 2011 et seq. (9) 

### "Hazardous waste management" meana the systematic cont I ofthe

### ~lettion,source 'separation, storage, treatment, transportation, p ess

### 1IlC. and disposal of hazardous wastes.

(10) 

### "Hazardous waste facility or site"meana any property, structure. r IU1Cll1ary 

### equipment intended or used for the transportation, treatmen storage or dispoaal 

### of hazardous'wastes. 

# • (1 " . 

### (1) "Board" 

### means the Idaho board 

### of health and welfare.39-4403. HEALTH AND SAFETY 388 

### " ion, origin,routing, wasteidentification coders), anddestinationofhazardo waste during any transportation from the point of generation to the pol t of treatment, storage or disposal.

(1 "Manifested waste" means waste which at the point of origin or gener ion is required to be manifested for transportation in a manner similar thatofthefederal uniform hazardous waste manifestor by other manifest !!<Iuirements designed to assure proper treatment, storage and disposal 0 uch waste.

. .

(14) '-Fe " means any individual, association, partnership. firm, joint stock compan trust, estate, political subdivision, public or privatecorpo-· ration, stateor eral governmental department, agency, orinstrumental-

. ity, or any other gal entity which is recognized by law as the subject of rights and duties.

(15) "RCRA" mea the Resource Conservation and Recovery Act of 1976 as amended fro time to time.

.

(16) "Restricted h ous waste" means a waste or combination of wastes regulated as land isposal restricted pursuant to federal statutes and regulations, including 0 CFR part 268.

(17) "Storage" means the c tainment ofhazardous wastes, on a temporary basis or for a period of y , in such a manner as not to constitute disposal of such hazardous was

(18) "Transportation"meansth ovementofanyhazardous wasteto or . from a hazaroous waste facility oi ite. (19) "Transporter" means any pe who transports a hazardous waste 

# o to or from a hazardous waste facility r site.

(20l "Treatment" means any method, hnique, or process, including neutralization, which is designed not to be integral partof a production 'process, but which is rather designed to cha ge the physical, chemical, or .biological characterorcomposition ofany h ous waste priorto storage or final disposal so as to neutralizesuchwaste 0 as to render such waste nonhazardous or less hazardous;safer to transpo , store. or dispose of; or amenable for recovery, amenable for storage or uced in volume. Such term includes any activity or processing designed change the physical form or chemical composition ofhazardous waste so as renderit nonhazardous

. . (21) "Waste" means any' solid, semisolid, liquid or tained gaseous material for which no reasonable use or reuse is intended r which is in-· tended to be discarded. (I.C., § 39-4403. as added by 1983, c 154, § 1. p. .416; am. 1984, eh. 205, § I, p. 502; am. 1986, ch, 148. § I, p. 41 .am. 1986. ch, 324, § I, p. 794;

# am 1989. ch, 253. § 1. p. 626; am. 1993. ch. 1. § 1, p. 1082.)

CompUer'1 DOw.. The Rnoun:e Conser­ SeCtion 2 of S.L. 1986. ch. 148 i. co vauon and Recovery Act of 1976. !"efem!d to u t 39·4405. in subdivision (l51 ofthis leC'tion. is compiled Section 2 of S.L. 1986. eh. 324 i. com·pl u 42 U.S.C. t 6901 et Mq. u t 39-+423.

Section 2 o( S.L. 1984. eh. 205 il compiled Section·2 of S.L. 1989. eh, 253 i. compil 

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# •• •

589 HAZARDOUS WASrE MANAGEMENT 39-4404

in U 18-3905. 39-4423 and 67-2929.

;»-444..1"1, Consistency with federal law,

- The legislature intends estateofldahoenact and carry outa hazardous waste program that will e ble the stateto assume primacyoverhazardous waste control from the fed al government.

The Ie laturefinds thattheRCRA. as amended,42 U.S.C., section 6901 et seq., an federal regulations adopted pursuant thereto, establish com­ 'plex and de 'led provisions for regulation of those who generate, transport,treat, sto ,and dispose of hazardous wastes. The legislature cannot conveniently or dvantageously set forth in this chapter all the requirements of all ofthe gulationswhichhavebeenor will be establishedunder 

### ReRA. However, by he provisionsofthischapter, thelegislaturedesiresto avoid'the existence 0 uplicative, overlappingor conflicting state and federal regulatory syste 

# • Therefore,the board is 

### irected to promulgate rules which areconsistent withRCRAandthefedera gulations adoptedby the administratorofthe United States environmen protection agency to implement RCRA. Fanners and ranchers who t t, store, or dispose ofwaste pesticides from theiroperationson landsown r controlledby them shall not be required by

### board rules to do anything ore than follow the instructions on the pesticide label and triple rinse e ty containers in accordance with the 

### ReRA regulations ofthe environme I protection agency. The board may not promulgate any rule that would' pose conditions or requirements more stringent or broader in scope tha CRA and the RCRA regulations 0(the environmental protection agency. e board may, however, promuigateprocedural rules and rulesspecificall authorized by this chapter or other state statutes without showing that hose rules are required by ReRAor the regulations ofthe environmenta rotection agency; provided that those rules shall not conflict with this sec .on, other sections of this chapter, RCRA, or the regulations ofthe enviro ntal protection agency. Any rule promulgated by the board shall 

### be vali ntil it is repealed or modified through the administrative process of chap r 52, title 67, Idaho Code. [I.C., § 39-4404, as added by 1983, ch. 154, § 1, 416; am. 1986, ch. 182,§ 1,p.479; am. 1988,ch.6,§ 1,p.6;am. 1988,ch.2. ,§ 1.p.498; am. 

### 1993, ch. 216, § 27, p. 587; am. 1993, ch. 291, § 2, p. 082.1

CotB1)iler'1 notes. Thia eection. wu 

# ::"cled by two 1993 acta .:.- ch. 216. t 27 -tti ch.291. t 2bothelf'ec:tiveJuly 1. 1993­ not con11ic:\ and have been compiled

### 6~ IJ!lendment by ch. 216. t 27 in the 'rede**een~nce** ofthe 8eCOnd Parasnph added thirdrwJ follOwing"6901 et aeq .• and"; in the the**~Ph** in the p,...nt fint throUCh folio' Mntel\Ce8deleted "and.regulationa" in tb'rln l "nil." whe.-ver they appeared;**P~nt** fourth lIItntence deleted "and**~Iona** follOWing "rules"in the fint foW' ceding "relUlationaoftheen .ronmentAl protection alency."; and in the p nt flfth sen· tence deleted "or relUlation" fo owinc "Any rule" and substituted "chapter

. title 67. Idaho Cod." for"aection 67·5201. I 0 Cod•. et seq."

The amendment by ch ..291. t 2 in t sentence of the third paragraph dele substAnce" precedinr "conailtent ·th RCRA" anddeleted a fonner second senten

Section 2 of S.L. 1988. ch. 259 il compil u t 39;-4-409.

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39-4405 HEALTH AND SAFETY 390

emergency. Approved April 1. 1986. tively.
§ 39-44060 Section 3 ofS.L. 1993. ch. 291 i.I compiled

. 5. Rules and regulations in general.

- Pursuantto the procedures stablished by "the Idaho administrative procedures act, chapter 52, title67, dahoCode, the board shalladoptsuchrulesandregulationsas are necessary d feasible for the management of the generation, collection. transportat n, treatment,storage, anddisposal ofhazardous wasteswithin the state. 

### Tn board shall also adopt such rules and regulations as necessary"to regula persons who produce, burn, distribute. and market fuel containingh oua waste. Therules andregulations promulgatedby the board shall be a p of

### this code and shall have the force andeffect of law. Such rules and re lations shall include, but not 

### be limited to:

(1) Criteria for the etermination of whether any waste or combination of wastes is hazardous or the purposes of this chapter;

(2) Rules and regulati for those who generate, transport,treat, store, or dispose of hazardoua 

### tell;

(3) Rules and regulations, consistent with those issued by the United Statesenvironmental protecti agencY and the United Statesdepartment oftransportation, for containeri tion, labeling and manifestingofhazard· ous wastes;

(4) Rules and regulations sped 'ng the terms and conditions under which the department shall issue, m ify, suspend, revoke, or deny such 

# o permits as shall be required by this apter;

(5) 

### Lists ofthosewastesor combinatio ofwaste8which arenot compatible and which may not be stored or dis of together;

(6) Procedures and requirements for the porting of the generation, transportation, treatment, storage or dispel of hazardous wastes;

(7) Rules and regulations establishing stand and procedures for the training ofpersonnel at generation sites and at and sites;

(8) Releasedetection,prevention andcorrectionre all owners and operatOrs of underground storage ta as may be necessary to protect human health and the environment. [. ., § 39-4405, as added by 1983, ch. 154, § -1, p. 416; am. 1986, ch. 148, § 2. p. 415.1

COlDpUer'1 QCKn.SectioM 1 and 3 ofSoL. 1986. cho 148.,.."colDpiledu It 39-4400 and 39-4408.



## 39-4408. (1) Shall take all actions not inconsistent with this chapteras are n essaryandfeasible to enablethedepartmentto assume andcontinueprim Y over hazardoua waste management, pursuant to RCRA;

(2) May conduct and publish studies ofhazardous waste management in ous waste facilities

General powera and duties of director.

- The di ector:



# c

# •

HAZARDOUS WASTE MANAGEMENT· 

### 39-4408 

### 391

tfective management ofhazerdoua wastes within this state. Such a plan identify those locations in the state which are not suitable for the esta . 

### hment ofhazardous waste treatment or disposal facilities or sites;

(4) S I 

### exercise all powers and discharge all duties expressed in or implied the othersectionsofthischapter. [I.C., § 

### 39·4406, as addedby 1983, 

### ch. 1 § 

### 1, 

### p. 416; 

### am. 1993, ch. 

### 291, § 

### 3, p. 1082.)

orhazardous 

### waste•.
- (ll 

### The board 

### shall establishcriteria for dete "ning if any waste or combination ofwastes is haza1dous or nonhazardous, r the purposes of this chapter.

(2) 

### The board 

### may adopt, an end from time to time a list or lista 

### of hazardous wastes. The board 

### may, "thpublicnotice butwithoutthenecessity of a public hearing, list as h oua 

### any waste or combination of wastes 

### determined to be bazardous 

### b e United States environmental protection agency. To accomplish this goa the board 

### may adopt by refer­ 

# • •. ence the regulationscontainingthe listsof

## n ous wastes and the setof charaeteristica for identifying.hazardous waste romulgatedby theUnited

. States 

### environmental protection agency pursu t to RCRA. The board . 

### shall update the regulations adopted pursuant to t " section as needed to 

### reflect regulatory amendments promulgated by the U' States environ­ mental protection agency. The board 

### may adopt regu ions for a state hazardouswaste delisting program equivalent to 

### that set h in 40 CFR sections 26O.2(){b) and 260.22. The statedelistingprogram sha provide for**~ublic** 

### notice and opportunity for comment before granting or ying delisting

### requests, [I.C., § 

### 39-4407, 

### as addedby 1983, ch. 154, § 

### 1,p. 

### 6: am. 1993, 

### ch. 291, § 4, p. 

### 1082.)·

.

COlllpi1er'a DOte&. Section 5 of S.L. 1993. Sec. to Me. ref. Thill section is ret"erTed ell. 2·

. 

### ,



## 39-4408. Unauthorized treatment. storage.release, useor

### disposal

### ~f hazardous 

### wute prohibited.

- (1) 

### No person shall treat"or store 8Zardouswaste, nor shall any person discharge, incinerate, release, spill,

### ~ace, or

### ~ispose any hazardous waste in such a manner that the waste, or**constltue~t** 

### thereof, mayenter**t~e** 

### environment, unless thedepartment

.**'~Ued** 

### said person a permit or a variance as required for the specific aet1vtty involved or exempted the activity from permit requirements.

(21 Effective six (6) months after the effective date [July 1, 19861 ofthis

### P~Vision, nonhazardous liquids shall not be disposed of in a landfill for
'N 

### ch a permit is required under section 39-4409, Idaho Code, or which is

### ~rating pursuant to interim status granted under section 3005(cl of d' 

## RA, unless the owner or'operator of the landfill demonstrates to the

'rector that: 

# •39-4409 HEALTII AND SAFETY 392 (a) Theonly reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and

. (b) Placementin theowneror operator'slandfill will not present a riskof contamination of any existing or potential underground source of drinking water. (3) Waste or used oil or other material which is contaminated or mixed with any haz8.rdoua waste, otherthan wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.

(a) sal of any hazardous wute; and (b) Storageofan us wuteprohibitedfrom land disposal, unless such storageis solely for thep the accumulation ofsuch quanti. ties of hazardous wute u are necesaary
.. te proper recovery, treatmentor disposal. [I.C., § 39-4408, u added by 19 I, p.

Compiler'. DO"" Seetiou 3006(c) of Sectiou 2 of S.L. 1986. ell. H8 ia compiled RCM referredto iUlubMctiou(2)oft.hU Me- u t**3~.** tiou ia compiled u 062 U.S.C., t 6925<c).

39-4409. Permit requirements (or hazardolU

..ute treatment, storage, or

### disposal (acilities.

- (1) No person shall construct, operate, or modify a hazardous wute treatment, storage, or disposal facility or site withouta permitfrom thedepartment.Theowneror operatorofthefacility or siteratherthanthebuildershall beresponsiblefor obtainingthepermit. Permits may contain such conditions necessary to protect human health and environment.

. wastetreatment, storage,or disposal facilities from the wrement if the exemption is in the public inte istent with RCRA requirements. The fact that r category of such facilities ill not required to ob . era! permit shall 

### be persuasive evidence that an

(2) Interim status granted by RCRA or a permit issued by the United States environmental protection agency prior to the date that the state programis authorizedby the administratorofthat agency shall 

### beadopted by the department sa a state granted interim status or as a state granted permit until the department issues a new state permit. 

### TIl. 88

...4 lRay

(a w other facilities to qualify for interim status; <b) Reqw

. ting interim status surface impoundments. new units, replacement ofe][IS

. nits and lateral expansions ofexisting interim status facilities to comply ties; and (c) Provide for the termination of interim s (3) The board shall promulgate rules and regulationa--j·

.. terms and conditions for issuing permits to the described regulations which apply to new facili­

_


# .: c

# •

HAZARDOUS WASTE MANAGEMENT 3g....wog.



### e facilities and sites; ( (bl 

### ucation and training qualifications of personnel at the facilities and 

### si

. (c) COntra. commitment or consent to each facility or site from all holders ofinte in the realpropertycommitted to 

### that facility or site; (d) 

### Monetary

. .in 

### such form and amount as are necessary for effectivemanagement, intenaaee, andmonitoring ofthe facilities and sites 

### during and after ope ·on; (e) Evidence offinancial respo . 

### ility for corrective action on-site and off-site;

. (0 

### Liability insurance in 

### such form an ount 

### aa is neceuary to compenaateforpotentialdamagescauaed

### by the ilities 

### and sites; provided, that liability insurance shall not be

### required in event that liability insurance is 

### not

### required by 

### the federal regulations a 

### ted**pursu~t** 

### to the RCM; 

### (g) Emergency equipment and emergency responae plana app the facilities and sites; (h) Public participation 

### in the permitting proc:eu consistent with 

# • (4) PePfftiY 

### BRan Be iaeuecl 's••peFiM Bet; tiee_seea tieR(10) 

### yeaN ep'he muilBum 

### pefted 

### "USWe8 \Huiep RCR.\. whii!he',rep ill rreat.ep. 

### However• permits may be 

### reviewed at least every five (5) yean and modified as neceaaary to take into account changes in this chapter or regulations promulgatedpursuantto it andimprovementsin technology. Permitsissuedto**~ous** 

### wastefacilities andsitesby thedepartmentpriorto theeffective date 

### ofthischapter shaJl be 

### reiuuedto conform with the provisions oftm. chapter and the rules and regulations promulgated under this chapter.

(5) Any permit isaued after the effective date of this provision shall re

### quire corrective action to be 

### taken on-site and off-site for all releases of hazardous wasteor constituents,from any solid wastemanagementunit at the treatment, storage. or disposal facility seekingthepermit,regardless of the time when the waste 

### waa placed in such unit. Permits isaued from November 8, 1985, until the effective·date of this provision shall be 

### reissued to conform with 

### thUJ provision.

.

(6) Any permitisaued underthis section may be 

### revoked by the director Pursuantto theprovisions of section 39-4413. Idaho Code, ifthe permitted party fails to ·comply with the terma and conditions of the permit, this chapter. or the rules and regulations promulgated under this chapter.

(7) The department may iaaue a variance from the requirements of the 

### rules andregulationspromulgatedunderthissection. if. in thejudgmentof the director, application of the requirements would cauae unreasonable hardship and thegrantingof a variance would not be 

### harmful to the public interest or inconsistent with RCRA 

### requirements. A variance shall not exceed one (1)

### year in 

### duration and may be 

### renewed or extendedonly after· the department provides public notice and an opportunity for public comment

. 

# •39-4409 HEALTH AND SAFETY 

### 394 (8)(a) Thedirectorofthedepartmentmay issue a research, development and demonstrationpermit for any hazardous wastetreatmenttechnology or process for which permit standards for such experimental activity have not been promulgated. Any such permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits shall: 1. Provide for the construction of such facilities. as necessary, and for operation of the facility for not 

### longerthan one (1) year (unless renewed as provided below); and 2. Provide for the receipt and treatment by the facility of only those types and quantities ofhazardous waste which the director deems necessary for purposes of determining the efficiency.and performance capabilities of the technology or process and the etTecta of such technology or process on human health and the environment; and 3. Include such requirements as the director deems necessary to pro. teet human health and the environment (including. but not limited to. requirements regarding monitoring. operation. insurance or bonding. financial responsibility. closure. and remedial action); and 4. Include such requirements as the director deems necessary regardingtesting and providing ofinformation to the director with respect to the operation of the facility. (b) The director may apply the criteria set forth in paragraph (a) ofthis subsection in establishingtheconditionsofeachpermitwithoutseparate establishment of regulations implementing such criteria. (c) For the purpose of expediting review and issuance of permits under this subsection. the director may •.consistent with the protection .of human health and the environment. modify or waive permit application and permit issuance requirementsestablished in the general permit regulations except that there may 

### be no modification or waiver of regulations regarding financial responsibility (including insurance) or of appli- . cable public participation procedures. (d) The director may renew a research. development and demonstration permit which has been issued pursuant to this subsection, The renewal term shall be no longerthan one (1) year. A permit shall not 

### berenewed more than three (3) times. [I.C.. § 39-4409. as added by 1983, ch. 154. § I, p. 416; am. 1986.ch. 148. § 4. p. 415; am. 1987. ch. 102. § I, p. 204; am. 1988. ch. 7. § 1. p. 7; am. 1988. ch. 259. § 2. p. 498.]
Compiler's DO.... Thi. section wu .The worda enclosed in parentheses so IPamendedby two**1~** ac:t.l which appearto be peared in the law

.. enacted. compatible and ha;'ebeen compiled together. Section 5 of S.L. 1986. ch. 148 is compiled

The amendment by ch. 7. in the tint sen­ as t 39-+411. tence ofsubsection t51.inserted "issued"; and Sect&ons 1 and 3 of S.L. 1988. ch. 259 an added subdivision 18Ndl. compiled

.. §t 39-4404 and 39-+413. respec­

The amendment by ch. 259. in subdivision tively. 12Mb••inserted "existing intenm status sur­ Sec. to Me. ref. This section IS referred to face impoundments"; and in the lint sen· in H 39-+413. 39-+426. 39-+427. tence of subsection (51. inserted "issued." 

# o

o

# •

HAZARDOUS WASTE MANAGEMENT 39-4410

mulgate hazardous waste transportation rules and regulations to conintrutate and interstate transportation of federally regulated and quantitiesofhazardouswaste. Therules andregulations shallbe cona nt with the rules and regulations issued by the United States departm t oftransportation andthe UnitedStatesenvironmentalprotection -seney. e rules and regulations shall also be consistent with the rules 

### and tiona oftheIdahopublic utilitiescommission unless suchconsistency woul 'mpairtheprimacyor theetTectiveneuofthe state'shazardous waste man ment program, 

### In that ease the board shall confer with the com.m.i8sion an endeavor to develop mutually acceptable transportation· rules and regula ions. 

### Ifmutually acceptable rules and regulations cannot be developed, the shall promulgate transportation rules and regulations that mini

. conflict with the commission's rules and regulations while &88Uring the p 'authority and effectiveness of the state's haze ardons waste managem ntprogram. Rules andregulations 80promulgated by the 

### board shall prev ' over conflicting rules and regulations of the c:ommi.'Jsion. 

# • (2) The hazardouswaste rtationrulesandregulatiorui shall apply 

### toall transporters offederall gulatedtypes and quantities ofhazardoWl waste generatedeitherby the Ives or by others.These rules and regulationa shall apply to any movem t of a regulated quantity of hazardous 

### wastes to or from a hazardous w facility or site.

(3) The hazardous waste tranapo tion rules and regulations shall provide for but not be limited to:

(a) Standards for the containerization d labelingofhazardous wastes; (b) Standards for the handling and pI ' g ofhazardous wasteshipmenta; (c) A hazardous waste tracking system 'wring that:

(i) All transporters of federally regulated and quantities of haz­ ardous waste obtain an identification

# num r from the department, the environmental protection agency, or ano er approved state program, before accepting hazardous waste for t port; (ii) All shipmenta ofJederally regulated types d quantities of hazardouswasteto be ahipped,ot1'siteor received from sitebe accompa­ nied by a manifest or similar form describing the being shipped and ita destination; (iii) A copy ofeachmanifestor similarfonn be return tor and/or originator of the shipment and a copy be transporter'for a minimum of three (3) yean
. .(4) The hazardous waste transportation rules and regulations 

### vtde for special routing of hazardous waste shipmenta in this sta when 

### necesaaryto protectthepublichealth,thepublicsafety, or theenviro ent

, oonaistent with federal statutory, regulatory and constitutional req ire- . 

### lJleou.

(5) No commercial hazardous waste disposal facility or site penni under section 39-4409. Idaho Code, shall receive regulated quantities of 

# • , 

# . I the

azardous waste

re
ay pro

# r39-4411 HEALTH AND SAFETY 396

ansporter has obtained a special pennit from the Idaho transportation de ment as provided in sections 49·2202 and 49·2203. Idaho Code. If an rly documented shipment of hazardous waste arrives at a permitted co rcial hazardous waste facility or site, the owner or operator of the facility r site shall immediately notify the Idaho transportation de. partment an e Idaho department of law enforcement and follow the requirements of' pennits and licenses for notification of appropriate agencies. [I.C., § 39 10. as addedby 1983. 

### ch, 154. § 

### i, p. 416; 

### am. 1984. ch. 205. 

### § 2.p.502;am. 986,ch.231.§ 1. p. 627; am. 1988.ch. 265,§ 568, p. 549; am. 1993. ch. 29 . § 5, p. 1082.]

Compiler'. noLes. SectiolW 1 and 3 0 Traaaportation Department ab.all be autho19804. ch. 205arecompiled sa §t 39-+403 rized to pennit any perllCm renewing or pur. 39-44178. respectively. vehicle reti.tntion on and after

Section 2 of S.L. 1986. ch. 231 i. compiled y 1. 1986. to acquire a vebicle regi8tntion
as § 39-+4178. ment prior to January 1. 1987. and

Sections 567 and 569 of S.L. 1988. cb. 265 any iptl therefrom shall be placed in the are compiled sa §t 36-1301 and 39-4426. Huardo ateriaVHuardouaWaste**Tr~**

Section 4 of S.L. 1993. ch. 291 i. compiled portiltion E rcement Account which i. creas § 39-4407. atedin aection 2507. IdahoCode [amended

.Section 5 of S.L. 1986. cb. 231. read: "An and rednignac.d t 49-22051. which enemergency existing therefor. which emer· acted by Section 4. thi. act and Section gency hereby declared to ni.t. Section 49-2507. IdahoCode. ",Ii i.enactedby

### SeC· 49·2512. Idaho Code lamended and redesig­ tion 4 of thia act ahaU be'

.full force and nated as § 49-22101. which i. enacted by See­ effect on and after July 1. . Approved 

# o

non 4 of this act shall be in full force and April 3. 1986." effect on and after this act'. puaage and ap­ Section 586 of S.L. 1987. ch. 2 rovided proval. The remaining provisiona of thi. act 'that the act should become effective shall be in full force and effect on and aft.8r after January 1. 1989. January 1, 1987; provided. however. that the Crouref. Motor Carrier Act. It 61·801 .L. chasing a

en

39-4411.

as ry, such rules and regulations relatingto records. reporting. and monitorin ay beneeded to achieve thepurposes ofthischapter. These rules may inclu t shall not be limited to. prescribing procedures and requirements for:

(a) The establishment,**~aiq** ceo and fonnat of records and reports; (b) The submittal of records and re (c) (d) The use of approved monitoring methods an niques;
use. and maintenance The taking of samples and the perforrril (e) The installation, calibration. equipment; and ( (60) days after promulgation of the criteria and lists specified under section Idaho Code. and the rules and regulations required under section 39-4405. I e, and subsection (1) of this section. the generation. transportation, treatmen . e. or disposal of a hazardous waste in this state by any person without repo' such activity to the department as requiredby theregulationsissuedpursuant section(11 of this Section shall be unlawful. 

# oHAZARDOUS WASrE MANAGEMENT 39-4411 

# •
397

o resentatives ofthe department, under any provisions ofthis chap. ter, sha available to the public, unless the information. or parts thereof, if made lie, would divulge methods, processes, or activities constituting trade secre ,'. which case the information shall be subject to disclosure according to cha 3, title 9, Idaho Code. Nothing in this subsection shall 

### be construed as liml' the disclosure of information by the department to any officer. employee. 0 thorized representative of the stateor the United States. as necessary to c out the provisions of this chapter or the provisions of RCRA. The provisions is section shall not limitthe department's authority to release confidential i ation during anemergency involving hazardous waste, if the director dete

. es that release of the information is necessary to safeguard the public healt d ) Each generator shall, at the discretion ofthe director, no later than. thi 0) days after the end of each calendar quarter submit a written report to department including the following information:

(a) The type d quantities of hazardous wastes generated; (b) The types an uantities of such wastes shipped for treatment and disposal by landfillin or other means of disposal; (c) The types and quanti of such wastes remaining in storage at the end of the reporting period; 

# • (d) Whether such wastes are dest for disposal or treatment in this state or whether such 

### wastesare desti for disposal or treatment 

### out­ side this state. 

### (5) The operator of each hazardous waste dis 

### I facility or site in the state shall. no later than thirty (30) days at\er the of each calendar quarter, submit a written report to the department provi

. on the types and quantities of wastes received which were Idaho. and information on the types and quantities of wastes which were generated in other states.

. 0 the governor and the legislature detailing the types and quanti· tiesofhaza wastes generated in this state. thetypes andquantities of Such wastes ship treatment and disposal by land.filling or other means of disposal. the t d quantities of such wastes remaining in storage at the end of the most rec e rting period and the types and quantitiesofhazardouswaste generated ou' this state and shipped into this 8tatefor storageor disposal. 

## (I.e

.. § 39·4111, as by 1975. ch, 180. § 2. p. 486; 

### am. 1978. ch. 160. § 1. p. 348; 

### am. 1983. ch. 8. p. 407; am, 1988, ch. 264. § 16. p. 519; 

### am: 1990. ch. 213. § 43. p. 480; 93, erated in**19~IIlPiler"** DOte&. 5ec:tiona 4 and 6 of S.L.

.ch. 148ancompiled aa H 39-4409 and 39

......13.**~ion** 42ofS.L. 1990. ch. 213 ia compiled

.. t 39-1393. 

# • SectiOD 7 of S.L. 1993. ch. 291 i·. compiled . aa I**3~16** . See. to Me. ref. 

### nu. aection i. T'@ferTed to in I 39-4429.

# G

39-4412 HEALTIi AND SAFETY 

### 398

searches conducted under the authority of this chapter shall be performed in conformity with theprohibitions againstunreasonable searches and seis contained in the fourth amendment to the constitution ofthe United S s and articleI, section 17" ofthe constitutionofthe stateof Idaho. The sta hall not, under the authority granted by this chapter, conduct warrantl administrative searches of private property in the absence of ei­

.therco nt from the property owner or occupier or exigent circumstances such as a ublic health or environmental emergency.

(2) For t e purposes of developing or enforcing any provision of this chapter or rule or regulation authorized by this chapter, any duly authorized sta employee or representative may, upon presentation of appropriate creden .ala, at any reasonable time:

.ta)Enter upon y private or public property where hazardous wastes areor have been nerated, transported, treated, stored, or disposed ofto inspect and to secu samples ofsuch wastes. theircontainers, and their labels; (b) Enter into any airc •vehicle. vessel. rail car, trailer, van, or other meansofconveyance wh hazardouswastesareor havebeen contained to inspect and to secure pIes of such wastes, their containers, and their labels; (c) Enter any private or pubh property, or means ofconveyance, where records, reports, information 0 test results relating to the generation, transportation. treatment, storag or disposal ofhazardous wastes exist 

# o

to inspect and copy such docume (3) Upon request by an authorized a ent of a property owner or facility operator, thedepartmentshall provide tlipropertyowneror facility operator with a receipt for samples taken and a py ofsample analysis. Duplicate samples shall similarly be provided u n request if the requesting party agrees to have the samples analyzed a to share the results of the analysis with**t~e** department.

(4) The right ofentry of a duly authorized sta employee or representative shall not be subject to the waiver of any pote ial tort liability of the facility owner or operator. The right o(entry of a du authorized state or health districtemployee shall not be subject to any co dentiality requirements other than those specified in section 39-4411(3), Idaho Code. and chapter 3, title 9. Idaho Code. The right of entry of a p ivate contractor workingin a representative capacity for the department m ,however, be made subject to additional confidentiality requirements so ng as those requirementsdo not interfere unreasonably with the developm t of information by the department or the transmisaion of infonnation rom the contractor to the department or the United States environmenta roteetion agency.

(5) Any magistrate or district courtjudge is authorized to issue a administrativesearch warrant upon a request from the director describ g reasonable cause for issuance of the warrant or the existence of a reaso ableprogram ofinspection. [l.C., § 39-4412, as added by 1983, ch. 154. § I, 

# ·0

# •

399 HAZARDOUS wASTE MANAGEMENT 

### 39-4413

as §**39·~211.** 110 ofthe act should talte effect July 1. 1993 111 of" S.L. 1990. ch. 213 aa and that §§ 1. 2. 46 and 41 should take effect nded by § 16 of S.L. 1991. ch. 329 pro- . July 1. 1990.


### Enforcement procedures. - (A) Whenever the director dethat any person is in violation ofany provision ofthis chapter or any pe 

### it, standard, regulation, condition. requirement, compliance agreemen r order issued or promulgated pursuant to this chapter. one or more of the following actions may be taken:

III ADM TRATIVE ENFORCEMENT ACTIONS. (a) Notice. e director may commence an administrative enforcement action by iSSUl g a written notice of violation. The notice of violation shall identify tH alleged violation with specificity, shall specify each provision of the a ,rule. regulation, permit or order which has been violated. and shall tate the amount of civil penalty claimed for each violation. The notice f violation shall inform the person to whom it is directed 

### of an opportu 'ty to confer with the director or the director's 

# • .designee in a cornplianc 

### conference concerning the alleged violation. A written response maybe uiredwithin fifteen (15)daysofreceiptofthe notice of violation by the rsen to whom it is directed. fb) 

### Scheduling Compliance C ference. If

### a recipientof a notice of violation contacts the department 'thin fifteen (15) days of the

.receipt of notice, the recipient shall be en "tied to a compliance conference. The conferenceshall be held within tw ty (20) days ofthe date ofreceipt of notice,unless a laterdateis agreed n betweentheparties. If

### a compliance conference is not requested. the irector may Proceed with a civil enforcement action as provided in au ion (3) of this section.



# • (c) 

### Compliance Conference. The complia conference shall provide an opportunityfor therecipientof a noticeof lation

## to explainthecircumstances of the alleged violation and. whe appropriate. 

### to present a Proposal for remedying damage caused by th alleged violation and for assuring future compliance. If

### the recipient an the director agree on a plan to 

### remedy damage caused by the alleged

. lation and to assure future compliance. they may enter into a consent 0 

### er formalizing their agreement. The consent order may include a provi .on for payment of any agreed civil penalty. " ld) Effect of Consent Order. A consent order shall be e ective immediately upon signing by both parties and shall preclude an civil enforcement action for the same alleged violation. If

### a party doe not comply With the terms ofthe consent order, the director may seek a obtain in any appropriate district court specific performance of the con nt order and such other relief as authorized in this chapter. leI Failure to Reach Agreement on Consent Order. Ifthe parties nnot reach agreement on a consent order within sixty (60) days afte the receipt of the notice of violation. or if the recipient d()eS not reque a**c~mpliance** 

### conferencepursuantto subsection IAl(ll(bl ofthissection. t director may.commence and prosecute a civil enforcement action in distli th. 213 IS compiled

Section

13.i 39-4413 HEALTH AND SAFETY 400

(a) 'Grounds. The director may revoke or temporarily suspend the permit

f any hazardous waste facility or site pursuant to the grounds provided

subsection (6) of section 39-4409, Idaho Code.

violation that is shown to have occurred as the result of an unforeseea e act ofGod despite a permitted party's reasonable efforts to comply w h all applicable legal requirements.shall not be grounds for a suspens n. or revocation. (b) Notic of Hearing. Thedirector shall commence a permit suspension or revocati action by givinga permittedpartya writtennotice ofintent to suspend 0 evoke. The notice shall inform thepermitted partyof facts or conduct wh h warrant suspension or revocation of the permit. The notice. hearing. d record requirementsfor contested cases contained in the Idaho admini rative procedure act. chapter 52. title 67. Idaho Code. and subsection (A) )(c) of this section shall apply to proceedings initiated under this sub ion. Revocation or suspension of a permit shall become final fifteen ( ) days after delivery of the notice of intent to revoke or suspend unle the permitted party requests a hearing; (c) Administrative Heari Previsions.

(i) Upon a timely reques by a permit holder for a hearing to review thedirector'saction unders bsection(A)(2)(b) ofthissection.thedirec­ tor shall promptly conduct a earingopen to the public. The contested caseprovisionsofthe Idahoa inistrativeprocedure actshall apply to all hearings conducted under t . subsection.

. (ii) The director shall have the a ority to request from the district court in and for Ada county or any her appropriate districtcourt the 

# o

issuance of an order in the nature of subpoena compelling the atten­ dance and testimony ofwitnesses and e production before the direc­ tor of papers. books. drawings, documen •test results. and other evi­ dence relevant to a permit suspension or adjudication. (iii) After the hearing, the director shall iss ting forth findings of fact. conclusions of law nd an order. An ag­ grieved person subject to the director's order rna seek its review as a final order in a district court as provided by the I 0 administrative procedure act. District court review of the director' decision shall 

### be limited to the record developed before the director. (3) CIVIL ENFORCEMENT·ACTION. The attorney gen al may commence and prosecute in district court a civil enforcement ction. Civil enforcement actions shall be commenced and prosecuted in e district court in and for the county in which the alleged violation • and may be brought against any person who is alleged to have viol any provision of this chapter or any rule. regulation. permit, conditi • requirement. consent order, or order which has become effective purs ant to this chapter. Such action may be brought to compel compliance anyprovisionofthiachapteror withany rule.regulation.permitor ord promulgated hereunder. andfor anyreliefor remedies authorized in this vocation investigation or



# o

# •

HAZARDOUS WAHf'! MANAGEMENT 39-4414

prosecute a civil enforcement action. 

### In addition. the attorney general may delegate this authority regarding civil enforcement actions to the roaee:uting attorney ofthe county where a civil enforcement action may
(B) CTIONS AGAINST GUARANTORS. 

### IIthe owneror operator is in 

### bankru •reorganization or other arrangement pursuant to the federal bankrup code. or wherejurisdictioncannot beobtainedoveran owner or operator 

### li ly to be solvent at the time ofjudgment, an action may be 

### brought di ly against a guarantoroffinancial responaibilityby the state or any irijured arty for any claim arising from conduct for which guaran

### t..offinancial ponsibilityhavebeen made. The guarantormay invoke 

### all rights and de which would have been available to the owner or operator and all ri ta and defenses normally available to the guarantor.

(C) LIMITATION 

### F ACTION FOR 

### ADMINISTRATIVE AND CML 

### COURT PROCEED BROUGHT UNDER 

### THE PROVISIONS OF 

# • .THIS CHAPTER. No ci or administrative proceedingmay 

### be brought to n!JCOver for a violation of t . chapter or any Permit, 

### standard. regulation. condition. requirement or er 

### issued or promulgated punuant to this chapter more than two (2) ye afterthe directorhad knowledge or ought reasonably to have had know e of the violation. (I.C.• 

### t 39-4413. 

### as addedby 1983, ch. 154. 

### t 1.p. 41 . 

### am. 1986, ch. 148. 

### t 6. p. 

### 415;am. 1988, 

### ch. 259, § 3. p. 498; 

### am. 1989. 

### c 38.' 1. p. 49.]**~~.** Denes. The f.s.ra1 

### s.ca0ll 2 01S.L. 1988. ell. 259 iacompiled CIlde ",ferred to in lubeecUon (8) of

## uu. Me­ t 39-4409. tiOll iacompiled u 11 U.S.C.• t 101 et Mq. ..., -. Nt.TbiI aec:tion ia referred to

SectiOll 5 of S.L. 1986, ell. 148 i. compiled 39-4409. 39-4429. u I 39-4411.

39-4414. 

### Remedies.

- Theremediesspec' in thissection 

### arecumulative and nonexcluaive.

(1) 

### MONETARY PENALTIES. (a) 

### Any penon who 

### niakes a falAe statement or presentation in any application, label. manifest. record, report, penni or other document filed. maintained. or 

### uaedfor the purpose of compl g with the provisiona of

### thischapter shall be liable for a civil penalty ot to exceed ten thousanddollars($10,000) for each separateviolationor r eachday of a continuing violation.

### ~) 

### Anypenonwho violatesthischapteror anypermit. stan , regulation, condition, requirement. cemplianee agreement, or orde issued or promulgated punuant to 

### this chapter shall be liable for a eivi penalty not to exceed ten thousand dollars ($10,000) for each separate lation 

### or for 

### each day 

### of a continuing violation.

. (c) The impoeition or computation of monetary penalties may take

. account the seriouaneaa of the violation and goOd faith etrortl to com with the law. . (2) ASSESSMENT OF COSTS. Any penon who violates 

### thia chapter or 

# • an·

.... . .39-4414

. HEALTH AND SAFETY 402·

la) The state'scostsfor any nonroutineinvestigations, inspections, monioring, or surveys which lead to evidence of the violation; ( ) The state's costs, including the reasonable value of attorneys' eervi s, for preparing and litigating the case;
. (cl e state's costs for mitigating, removing, correcting or tenninating adve effects upon soil. air, or water quality resulting. from the violation; (d) The s te's costs for impounding, storing, and disposing of contaminated pro y; (e) Compe ion for damages to publicly held resources including but not limited to, nd, water, recreational uses, wildlife, fish and aquatic life to restore t resource to ita highest previous use; (0 Compensation damages to privately held resources including, but not limited to, lives k, land, water, or other personal property, and compensation for co costa allowed by statute, reasonable attorney's fees for trial preparatio and trial of the case, and all other reasonable costs of trial preparation nd trial of the case; (gl Compensation for dama es to personal health and compensation for court costs allowed by statute reasonable attorney's fees for trial prepa­ ration and trial ofthe case, an 11 other reasonable costs oftrial preparation and trial of the case; , (h) The imposition or computatio of costs may take into account the 

# o
seriousnessofthe violation and good ithefforts to comply with the law. 

### (3) RESTRAINING ORDERS, INJU TIONS AND OTHER RELIEF. (al Any person who violates any provisi ofthis chapter or any permit, standard, regulation, condition, requirern t, compliance agreement. or orderissuedor promulgated pursuantto thi haptershall besubject to a pennanent or temporary injunction, restrai 'ng order. or other relief deemed appropriate. Upon a showing to the urt that a violation is causing an imminent hazard to the public health, he public safety, or to theenvironment, the departmentneed not allege 0 rove at any stageof the proceeding that long term irreparable damage I occur should the injunctionor ordernot beissuedor thattheremedy at w is inadequate. (b) A receiver may be appointed to oversee or operate y hazardous waste facility or site which is established or operated in VI lation ofthis chapter or any standard, regulation, condition. requirement, compliance

, agreement, or order issued or' promulgated pursuant to thi chapter.

(4) 

### PAYMENT TO HAZARDOUS WASTE EMERGENCY A OUNT. assessed for:

Id Moneys recovered by the department pursuant to subsections (1I, , and (31 ofthis section and any moneys paid to settle any enforcement p ing instituted under section 39·4413, Idaho Code, shall be paid into, hazardous waste emergency account created by section 39·4417, Code. 

### Il.C; § 39·4414, as added by 1983, ch, 154, § 1, p. 416; am. 1984, ch,


# c

# •

HAZARDOUS WASTE MANAGEMENT 39-4416

who knowingly makes any false statement or representation in any applition, label.· manifest. record. report, permit, or other document filed.

ontained or 

### used. for thepurpose ofcomplying withthe provisionsofthis clul ter shall be guilty of a misdemeanor and subject to a fine ofnot more than n thousand dollars ($10,OOO) or to imprisonment not to exceed one (1) y or to both, for each separate violation or for each day of a continu0 ing viola

0on.

(2) Any rson who knowingly violates any provision of this chapter or any permit. standard. regulation. condition. requirement, compliance agreement. or rder issued or promulgated pursuant to this chapter shall beguilty of 08 .sdemeanor and subject to a fine of not more than ten thousanddollars ( 0,000) or to imprisonmentnot to exceedone (1) year, or toboth, foreach sep ate violationor for eachdayof a continuingviolation.

(3) An action may commenced and prosecuted by the attorney general. The director shallot be required to initiateor prosecute an administrative or civil actionbefi e theattorney generalmaycommence andprose­

o cute a criminal action. (I. § 39-4415. as added by 1983. ch. 154, § 1. p. 416: 

### am. 1984, ch. 54. §1. . 94.] 

# • 39-4418. Citizen suita. - { Except as provided in aubseetion (2) of 

### .this section. any person who haa n injured or damaged by an alleged violation of any permit, standard, gulation,' condition, requirement, or order which has become effective p t to this chapter, may commence a civil action on that person's own be 

### Ifagainst any person alleged 

### to havecommitted the violation. A person mmencing an action under this sectionshall be required to file a bond or 'valent security in an amount not less than one thousand dellars ($I,OOO or in conformance with the reqUirements ofrule 65{c) of the Idaho Rules Civil Procedure ifinjunctive relief is eought,

(2) No action may be commenced under sub 'on (l) of this section if the department haa commenced and is diligently p secuting an administrative. civil. or criminal action to require complian with the law. 

### Fur-. ther, no action may be commenced under subsection 1) of this section unless the plaintiff haa given the department sixty (60 ys' notice and substantial evidence of the violation upon which the ci' na' action i. 

## baaed. However. 

### ifthe department commences an action in court of the lItate of Idaho, any interested person may intervene sa pro ed in rule

o 24(a) of the Idaho Rules of Civil Procedure. (3) 

### In any action under this section.ithe department may inte ne as a tnatter of right.

(4) When isswng any final order in any action brought pursuant 

### this aec:tion. the courtmay award costs oflitigation. includingreasonable at rney and expert witness fees. to any prevailing party. whenever the co determines such an award is appropriate. except that the state of Idaho

### ~lnot berequired to pay such costa in any citizen suit where the 

### state 

# •v 39-4417 HEALTH AND SAFETY

7, p. 1082.]

Co
39-4427. spectively. class of persons. may have under any other statute or the common law. I.C.; § 39-4416, as added by 1983, ch. 154, § 1. p. 416; am. 1993, ch. 291.

piJer'. 1I0te•. Sections 6 and 8 of S.L. 1993. c .291 arecompiled

.. §§ 39-4411 and

Hazardous waste emergency account. - (1) There is an account in the agency asset fund in the state treasury to 

### be designa the hazardous waste emergency account.

(2) The accou t shall consist of moneys appropriated to the account by the legislature, neys allotted to the account as a result ofdepartmental compliance proc gs, moneys allotted to the account in a court ordered award or judgment, oneys allotted to the account in a court approved settlement. and mone contributed to the account from other sources.

(3) Moneys in the a nt may be used by the director in the case oCa hazardous waste emergen . to pay the necessary costa of preventing; neutralizing, or mitigating any at to the public health or safety, or to the environment caused by that mergeney.

(4) The board maypromulga regulations for the withdrawal and useof funds from the account as speer ed in subsection (3) of this section.

(5) All moneys placed in the ae unt are hereby perpetually appropri

# o ated to the department for the p s described in subsection (3) of this section. All expenditures from the ac unt shall 

### bepaid out in warrants drawn by the state auditor upon pre tation of the proper vouchers.

(6) Pending use, surplus moneys in the ccount shall be.invested by the state treasurer in the same manner as p vided under section 67-1210. Idaho Code. 

### Intereetearned on the investm ta shall 

### be returned to the account. (I.e., § 39-4417, as added by 1983,

See. to Me. ref. This sectioll i. refernd to In 39-4414.
39-4417A. 

### (Relierved.J \..

39-44178. Hazardous wute training. emergency a monitoring account.

- (1) Thereis herebycreated.an account in theded atedfund in the state treasury to be designated the hazardous waste trai ng, emer­ gency and monitoring account.

<21 The account shall consist of: (a) Moneys appropriated to the account: (b) Moneys as provided in section 39-4432. Idaho Code; . (c) Donations, gifts and grants from any source; and.

. all of the (d) Any other moneys which may hereafter 

### be provided by law. (3) Moneys in the account may be appropriated for any or . 154, § 1. p. 416.]



# o

# •

405 HAZARDOUS WASTE MANAGEMENT 39-4420

and welfare to analyze, monitor, contain. collect or dispose ofhazardous
bl Employment of or contracting with necessary personnel to analyze.

niter, contain. collect or dispose of hazardous wastes; or (c) mployment of individuals or contracting with individuals or corporatio to respond throughout the state to health and environmental proble which may becausedby hazardous waste emergenciesor spills, imprope packaged or handled hazardous waste or the alleviation of damages the people and environment ofthe state of Idaho caused by such emerg cies or spills. (d) Taking re oval or remedial action relating to hazardous wastes which the dep ent deems necessary to prevent,minimize or mitigate damage to the p blic health and welfare or the environment. [I.C., § 39-4417B,as'add by 1984. ch. 205. § 3, p. 502; am. 1986, ch, 231, § 2. p. 627.]
Compiler'. DOtes. Section.a 2 compiled u It 39-4410 and 39-4426. respec1984.ch.205 are compiled u tively. 39--4426. respectively. Sec:. to Me. ref. Thi. aection i. referred to

Sectiolll 1 and 3 of S.L. 1986. ch. in t 39-+432. 

# • 39-4418; Local government n tice. - A permit for a new hazardous waste land disposal facility or site sn 

### 11 not be issued until the department hasgiven ninety (90) days' notice to t board ofcounty commissioners of the county in which the proposed faci . y or site is to, be located. [I.C.• § 39-4418, as added by 1983. ch. 154, § ,p. 416.]

39-4419. 

### Intentatecooperation.

- The 'rectorshall have the power and the duty to encourage cooperative activiti between the department and other statesfor the improved management 0 azardous wastes. and so far as is practical. to provide for uniform state re lations and for interstate agreements relatingto hazardous waste manag ent. The state may enter into such agreements with other statesto accom 'sh the purposes as set out in this chapter. (I.C.• § 39-4419. as added by 19 ,ch. 154.§ I, p. 416.) ,

39-4420., Employment security.

- (l) No employee of hazardous Waste generator. transporter or treatment, storage. or disposa acility or Site shall 

### be dismissed. suspended. or otherwise discriminated a inst be

### cause the employment testifies, provides information or otherwise ista In the enforcement or administration of the provisions of this ch ter, of(2),Any

### e~ployer who knowingly violatestheprovisionsofsubsectio (1)

### d~~~S sectIon shall be liable for damages, costs and attorneys' fees. a h Itton to any other liability for reliefauthorized by this chapter. by an

### ~~~er statute.or by thecommon law. [I.C.. §39-4420. as addedby 1983. ch. VOl, § 1 

### P 416.J

wastes:

It 39



# •

# (;

39-4421 HEALTH AND SAFETY 406

vision of law to the contrary, no person who provides assistance or' advice mitigating or attempting to mitigate the effects of an actual or threate leakage, seepage, or other release of hazardous waste, or in preventin

. cleaning up. or disposing of or in attempting to prevent. clean up or dispose any such leakage, seepageor other, release, shall besubject to civil liabiliti or penalties of any type.

(2) The immuniti provided in subsection (1) ofthis section above shall not apply to any'pe

(a) Whose act or om' 'n caused in whole or in part such actual or threatened leakage.seepa or otherreleaseand who would otherwise be liable therefor; or (b) Who receives compensation ther than reimbursement for out-of­ pocket expenses for services in re ering such asaiatance or advice, (3) Nothing in section (1) above shall construed to limit or otherwise affect the liability of any person for damag resulting from such person's gross negligence. or from such person's reck • wanton. or intentional misconduct. (I.C., § 39-4421. as added by 1983.

.. 154. §. 1, p. 416.]

39-4422. Severability.

- Theprovisionsofthisad herebydeclared to be severable and if any provision of this act or the aPI>

. ation of such provision to any person or circumstance is declared invalid for y reason, such declaration shall not affect the validity of remaining portio ofthis 

# o act. (I.C.• § 39-4422. as added by 1983. ch. 154. § 1. p. 416,]

Compiler. aoee.. For worda "thiaact" _

39-4423. 

### Disposal of 

### restricted hazardoua 

### wastes prohibited.

­ (1) Notwithstanding any other provision of law to the contrary, no person shall discharge, deposit. inject. dump. spill. leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code. into or on any land or water at a commercial hazardous waste facility or site.

(2) The department may issue a variance from the requirements of subsection (1) ofthis section. if. in thejudgment ofthe director. application of the requirements would cause undue hardship and the granting of the variance would not 

### be hannful to the public interest or inconsistent with RCRA requirements. 

### In issuing the variance. the director shall take into account:

(a) The long-term uncertainties associated with land disposal; (b) The goal ofmanaginghazardous wastes in an appropriate manner in the first instance; and ' (c) The persistence. toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents.
levels or eatment. if any. which substantially diminish the toxicityofthewasteor su s thelikelihood ofmigration of hazardousconstituents from the waste 80 that so- ' Ion -term

, e­

,

# •

407 HAZARDOUS WASTE MANAGEMENT 39-4426



### a met in regulations promulgated under this subsection'. such waste or residue II not be subject to 

### the prohibition in subsection (1) 

### of this section and may . d of in a land disposal facility which meetsthe requirementsofthischapter. 23. 

### as

Compiler'. note•. Section 1 of S.L. 1986. eh, 32. IS complied as § 39

....03.



### 39-4424.. Disposal ofmanifested waste.

- Manifested waste. as that tenn 

### is defined in section 39-4403. 

### Idaho Code. shall only be treated. stored or disposed of in this state at a permitted hazardous waste treatment. storage or disposal facility unless the burning of such manifested waste to 

### produce heat is otherwise lawful. (I.C., § 39-4424. 

### as added by 1989, 

### ch. 253. § 2, p. 626.]

Compiler'. note

.. Section 1 of S.L. 1989. Section 3 ofS.L. 1989. eh, 253 declared an th. 253 ia compiled aa § 39-4403. emergency. Approved March 29. 1989. 

# • f health and welfare shall assign a sufficient number of employees and eq . 

### ment to inspect hazardous waate facilities or sites permitted under sectio 9·4409, 

### Idaho Code, andlocated in Idaho wheredisposal ofhazardous was occurs for the 'purpose of assuring the protection of the health and safety 0 . 

### he public by monitoring the receipt and handling ofhazardous Wastes wh have been transported by common carrier.

(2) 

### The employ ofthe departmentofhealth and welfare designated in SUbsection (1) 

### of this ion shall be 

### agents of the Idaho transportation department andthepub utilitiescommissionforthepurposeofcollecting regulatory and registration ees pursuant to sections 61·811 

### and 61·812. 

### Idaho Code.and for collecting s.and permits pursuant to 

### chapter 4. title 49.

### Idaho Code. which fees have n otherwise been lawfully paidby transPOrters to 

### the public utilities commi 'on, the Idaho transportation department or a county assessor in this state d for issuing permits pursuant to section49·22202 (49.22021. 

### Idaho Code. Al oneys collectedby thedepartment'semployeesas agentsoftheIdahotrans tiondepartment andthe publicutilities 

### ecmmisaicn shall be remitted to 

### e state treasurer for dePOSit in the proper account as provided by law.

(3) 

### All employees of the department designated pu ant t!l subsection

### (~) ofthis section shall alert proper authonties or peace 0 

### cera regarding Vlolations pursuant to thie chapter, violations pursuant to 

### t e 61. 

### Idaho Code. and violations pursuant to 

### title 49, 

### Idaho Code, andviolat to any ru.les and regulations issued pursuant to 

### any of the aforemention code 

# • sections. Allactionsbroughtfor violationsoftheprovisionsofthischapteror rul 

### an
.

# o 39-4427 HEALTH AND SAFETY 

### 408

title 61. Idaho Code, or oftitle 49, Idaho Code, shall be brought as provided in those titles. [I.C.• § 39-4426. as added by 1984. ch. 205, § 4, p. 502; am. 1 86. ch, 231. § 3. p: 627; am. 1988, ch. 265. § 569. p. 549.]

. Co piler'1 DOtH. The bracketed refer· SectiOn.l 568 and 570 of S.L. 1988. ch. 265 ence ". 2202" in lubeection (2)

...inaelUd aJ"II compiled u §t 39-+410 and 40-701. by the piler. Section 586 of S.L. 1987. ch. 265 provided

SectiOD of S.L. 1984. ch. 205 il compiled that the act should become effective on. and u § 39-+41 . after January 1. 1989.

SectiOn.l 2 d. of S.L. 1986. ch.231 aJ"II compiled u § 39-+4178 and .9·2201 ­ 49-2212. retpecu ely.

39-4427. H ou. waste disposal fee. - (1) On and after July 1. 1992. there is im on the owner or operator ofevery commercial haze ardous waste dispo facility or site permitted under section' 39-4409, Idaho Code, a fee of enty·su dollars ($26.00) per .gate ton, or fraction

. thereof, on all material disposed of at the facility or site. and. on and after

January 1. 1993. the fee hall be thirty dollars ($30.00) per gate ton. or fraction thereof. on all m rials dispoeed of at the facility or site.

(2) The fees set forth in a section (1) of this section shall not apply to any of the following types 0 wastes:

(a) Wastes generated or dis of by a public agency or other person operating a houaehold hazard waste collection program; (b) Wastes generated or dis f by any agency ofthe state ofIdaho. Any waste for which the fees are waived under the provisions of this 

# o section mustbe noted as fee-waived w on thereturnrequiredin section 39-4428, Idaho Code. and is subject all audit provisions of section 39-4429, Idaho Code. [I.C.• § 39-4427. as dded by 1984, ch. 205. § 5, p. 502; am. 1992. ch, 251. § 1. p. 735; am. 3. ch, 291. § 8. p. 1082.]

CompUer'1 lIGen. Section 7 of S.L. 1993. ch. 291 it compiled

.. t 39-4416.

39-4428. CoUectioDof feel

- 

### RetuJ'lY. - fees imposed under section 39-4427. Idaho Code. shall be due and payab in monthly install­ ments by the owner. agent. employee. or operatorof su hazardous waste facility or site and remittance shall be made to the I 0 department of healthandwelfareon or beforethefifteenth day ofthemon nextsucceed­ ing the end of the monthly period in which the fee aecru
. The owner. operatoror designatedemployeeor agentofthehazardousw facility or site. on or before the fifteenth day of the month. shall make 0 a return. upon such fonna setting forth such information as the depart nt may require. showing the amount of the fee for which the owner or ope tor of the hazardous waste facility or site ia liable for the preceding m thly period. and shall sign and transmit the same to the department. toge er with a remittance for such amount in the fonn required.

(2) The department may relieve any person or claaa of persons from th obligation of filing monthly retuma and may require the return to cover 

# .:

# e

HAZARDOUS WASI'E MANAGEMENT 

### 39-4431



# e 39-4429. Books and records to be 

### preserved

- Entry and inspeedo by department of health and welfare. - Every person or entity subj to 

### the imposition of the fees specified in section 39-4427, Idaho Code, all keep complete and accuraterecorda.includingitemized invoices and m ifests for federally regulated types and quantities of hazardous waste 

### ulti ately disposed ofat a hazardous waste facility or site in Idaho. Allhooka. 

### uments and papers. computer tapes. discs. and other recorda required to 

### ept by this section shallbepreserved for a period of at least five (5)yean thedate ofthe recorda or the date oftheentries appearing in 

### the reco unless the department in writing, authorized their destructionor dispo at an earlierdate. For purposesofthisact, atany time during usual busine hours, the department or duly authorized agents or employees. may enter y place ofbusiness ofthe owner or operator of a hazardous waste facilit or site where hazardous wastes 

### are disposed and inspect 

### the premises, the rda required to 

### be kept under this chapter, and the hazardous wastes other chemicals contained therein. to 

### determinewhether or not all th rovisions of sections 39-4427 and 39-4428, Idaho Code, are being fully plied with. Trade secret information obtained by the department und the provisions of this section shall be treated 

### in the same manner as ch information obtained under section 39-4411. Idaho Code. If

### the dep nt, or any of its authorized agents or employees is 

### unreasonably denied access or is unreasonably hindered orinterfered with in makingtheexarm ation of a hazardous waste facility or site, that hindrance or interference sH IIconstitute grounds for suspension or revocation of the facility or site' permit by the director of the department ofhealth and welfare under su ion (b) 

### of section 39-4413, Idaho Code. [I.C.• § 

### 39-4429. as added by 1 • ch. '205. § 

### 7, p. 502.1

"Water" aDd "Chemical" DlftiDCWahed. watershoul ot beconaidered to be a "chemThe legalatun hu indicated by ita UN of ical." M v. Idaho Horw Racine the W01'd "chemical" in leveralstatutea that Co_'n. 117 I 0949. 793 P.2d 181 <l990I.



## J9..W30. Additions and penalties. - The addit ns. penalties. and requirements provided by the Idaho income tax 

### act. ions 63-3046, 63·3075. 63-3076 and 63-3077, Idaho Code. as they now xist or as they maybe 

### Subsequently amended. shall apply in the same m er and to 

### the sameextentto this act as to 

### the Idaho income tax 

### act and sh cover such additions. penalties and requirements and shall, for this p 88. be 

### descnbed and be 

### for acta. omissions, delinquencies, and requireme ts 

### under 

### thia chapter. [I.C., § 

### 39-4430. as added by 1984. ch. 205. § 

### 8. 502.1

39-4431. CoUection and enforcement.

- (1) 

### The collection an enforcementprocedures available to 

### the Idaho state tax 

### commission provi by the Idaho income tax 

### act. sections 63·3030A. 63-3038. 63·3039. 63-3 63-3042through 63-3045A. 63-3047 through 63·3065A. 63-3068. 63·3070. 

# e,

# o

39-4432 HEALTH AND SAFETY 410

department of health and welfare for the enforcement of the'hazardous

astedisposal fee andforthe assessment andcollection of any amountsdue t

. reunder. Saidsections shall,for theaforementioned purposes, beconsidpart of this act and wherever liens or any other proceedings are defin s income tax liens or proceedings, they shall. when applied in en­ .forcem t or collection under this act. be described as hazardous waste disposal ee liens and proceedings.

(2) The epartment of health and welfare may be made a i'arty defendant in an action at law or in equity by any person aggrieved by the unlawful seiz or sale of his property, or in' any suit for refundor to recover anove yrnent,butonly the stateofIdaho shall beresponsible for any finaljudgme t secured against the department ofhealth and welfare and saidjudgmen shall be paid or satisfied out of the hazardous waste disposal fee refund aunt. [I.C.• § 39-4431. as added by 1984, ch. 205, § 9, p.502.]

Compiler'. aotes. ferred to in this eection was repe 1989. ch. 363, t 2.

39-4432. Distribution of h oua waste disposal fee revenues.

- The revenues received from t fees imposed by this chapter and any penalties. interest. or deficiency a itions, shall be paid over to the state treasurer by the department to be istributed as follows: 

# o

(1) An amount of money to rnaintai the hazardous waste disposal fee refund account. which is hereby created. nd from which all refunds authorized to be paid by this act shall be pai at a monthly balance of ten thousand dollars ($10,000) or at such grea sum as in the opinion of the department may be needed to meet reasona e requirements imposed on the hazardous waste disposal fee refund aeec**t~**

(2) The balance remaining with the state tre r after deducting the amounts in (1) above. shall 

### be remitted periodicall but no less frequently thanquarterly as follows: ninety-five percent(95%) s IIberemitted to the hazardous waste training. emergency and monitorin account created in section 39-4417B. IdahoCode. and theremainingfive pe ent (5%)shall be remitted to the county treasurer ofthe county or counties here the activity occurred which caused the fees to be

### assessed pursuant this chapter. Moneys shall

### be apportioned to the counties in the same pro ional man' ner in which they were collected. Moneys returned to count! s shall be utilized by the county to respond to health and environmental roblems which may 

### becaused by hazardous waste emergencies or spills. or' properly handled or packaged hazardous waste. [I.C.• § 39-4432. as ad by 1984, ch. 205. § 10. p. 502; am. 1989, ch. 419, § 1. p.**10~3.]**

Compiler'.DOtes. Section 11 of S.L. 1984. Sec. to sec. ref.Thi. eec:tioni. referred ch. 205 i. compiled u t 67·2929. ia t 39-44178.

Section 14 of S.L. 1984. cho 205 declared an Sec:tioa

# • 1996 

# CUMULATIVE POCKET SUPPLEMENT

IDAHO'CODE

Compiled Underthe Supervisionofthe Idaho Code Commission



### ..... . 

### PHILLIPM. BARBER

. .... 

### . M. ALLYNDINGEL;JR. . NEIL D.McFEELEY COMMISSIONERS
MAXM. SHEILS; JR. EXECUTIVE SECRETARY

. .. .- 

### VOLUME 7A

For your convenience in reporting any errors in these supplementsorsuggestedimprovementsoradditionsyou will find postpaid cards. in the back ofthe 1996 ReplacementIndexVolumes.'

-, .-:" "_t



### MICHIE LawPublishers**.~** . ":"'CHAaL01!ESVILLE,

### ViRGiNIA .:'!,:J "..." 

# •COPYRIGHT© 1994, 1995, 1996
BY MICHIE, A DIVISION OF REED ELSEVIER INC.
AND REED ELSEVIER PROPERTIES INC.

All rights reserved.



### 111111111I111111111111111111111 5035313

"Michie" and the Oren Book and Gavel**I(>~o** arc**Ir3de~"rks** of Michie, a division of Reed**E1~evier** Inc.

I i 

# o

I 

# o I 

# J120 

# • 39-4203 HEALTH !\ND SAFETY



### reational Vehicles; or (2) 

### An \V 

### park trailer thatis not manufacturedin compliance with the 

### American Nat! Standards Institute (ANSI)AU9.5 Standards for 

### Park Trailers. [LC., § 

### 39­



### 39-4203. recreational vehicle which meets the 

### 119.2 Standard for RecreationalVehicles orparktrailers which meets the 

### IA1l9.5 Standard

### for Park Trailers shall be required to comply with any 

### I ordinances 

### or regulations adopting standards relating to plumbing, heat p electrical systems in recreational vehicles orparktrailers. [I.C., § 

### as added by 1995, ch. 267, § 

### 15, p. 856.]


### Exemption from loca

CHAPTER 44
HAZARDOUS WASTE MANAGEMENT

SECTION. SECTION. 39-4403. Definitions. 39-4417. Hazardous waste emergency ac39-4411. Records

- Reporting

- Monitor­ count. ing. 39-4427. Hazardous waste disposal fee.

Sec. tosec, ref.This chapteris referred to 

# • in §§ 39-7114; 39-7403, 39-7421,49-2206, 63­



### 39-4403. Definitions.

- As used in this chapter: (1) 

### "Board" means the Idaho board ofhealth and welfare. (2) 

### "Commercial hazardous waste facility.or site" means any hazardous waste facility whose primary business is the treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated offsite by 

### generators other than the owner and operator of the facility.

(3) "Department" means the Idaho department ofhealth and welfare. (4) 

### "Director" means the director of the Idaho department of health and welfare or the director's authorized agent.

. .

(5) 

### "Disposal" means the discharge;deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or waterso that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

. material receive a a ht does not include any subsequent changes to the weight resulting from the manag aste by the
(7) 

### "Generator" means any person, who by virtue ofownership, manage­

. ment, or control, is responsible for causing or allowing to be caused the 

# • creation of a hazardous waste

.121 HAZARDOUS WASTE MANAGEi\IENT . 39-440:3 

# C] (8) "Hazardous waste"means a waste or combination ofwastes of a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical orbiological) may: (a) Cause or.significantly contribute 

### to an increase in deaths or an increase in serious, irreversible or incapacitatingreversible illnesses; or (b) Pose a substantial threat to human health.or to the environment if improperlytreated, stored, disposed of, ormanaged. Such wastes include; but are not limited 

### to, materials which are toxic, corrosive, ignitible, or reactive, or materials which mayhave mutagenic, teratogenic.ior carci­ nogenic properties but do not include 

### solid or' dissolved material in domestic sewage, orsolid ordissolved materials in irrigationreturn flows
ortindustrial discharges which are point sources subject to national pollution discharge elimination system permits under the Federal Water Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or source, special nuclear, orby-product material as defined by the Atomic EnergyAct of 1954, as amended, 42 U.S.C., Section 2011 et seq. (9) "Hazardous waste management"means the systematic control of the collection, source separation, storage, treatment, transportation, processing, and disposal ofhazardous wastes. (10) "Hazardous waste facility or site"means any-property, structure, or ancillary equipment intended or used for the transportation, treatment, storage or disposal of hazardous wastes. (11) "Injection" means the subsurface emplacement of free liquids. (12)

."Manifest"means a.form used for identifying the quantity, composition, origin, routing, waste identification coders), and destination ofhazard

# o

ous waste during any transportation 

### from the point of generation to the point of treatment, storage or disposal. (13) "Manifested waste" means waste which at the point of origin or generation is required to be manifested for transportation in a manner similar to that ofthe federal uniform hazardous waste manifest or by other manifest requirements designed to assure proper treatment, 

### storageand disposal ofsuch waste.
the definition of "hazar 

### " h is contaminated with

(15) "Person" means any individual, association, partnership,firm',joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties.

(16) "RCRA" means the Resource Conservation and RecoveryAct of 1976
as amended from time to time.

(17) "Restricted hazardous waste" means a waste or combination of wastes regulated as land disposal restricted pursuant to federal statutes and regulations, including 40 CFH part 268.

(18) "Storage" means the containment ofhazardous wastes, on a temporary basis or for a period of years, in such a manneras not to constitute disposal of such hazardous wastes.

### 39-4407 HEALTH AND SAFETY 

### 122 

# • (19) "Transportatiou"

### means the movement of any hazardous waste to or from a 

### hazardous waste facility or site.

(20) "Transporter" means any person who transports 

### a hazardous waste to or from a hazardous waste facility or site.

(21) "Treatment" means any method, technique, or process, iricluding neutralization, which is designed not to be an integral part ofa production process, but which is rather designed to change the physical, chemical, or biological character or composition of any hazardous waste prior 

### to storage orfinal disposal so as

### toneutralize such waste orso asto rendersuch waste nonhazardous or less hazardous; safer 

### to transport, 

### store, or dispose of; or amenable for recovery, amenable for storage or reduced in volume. Such term includes any activity or processing designed to change. the physical form or chemical corriposition of hazardous waste so as to render it nonhazardous.

. ... (22) 

### "Waste" means any solid, semisolid, liquid or contained gaseous material for which no reasonable use or reuse is 'intended or which is intended to be discarded. 

### [I.C., § 39-4403, as addedby 1983, ch. 154, 

### § 1, p. 416; am. 1984,ch. 205, § l,p. 502; am. 1986,ch. 148,§ l,p.415;arn. 1986, ch. 324, § 1, p. 794; am 1989, ch. 253, § 1, p. 626; am. 1993, ch. 291, § 1, p. 1082; am. 1994, ch. 419, § 1, p. 415.] 

# • Cornpifer-ts notes. Section 2 of S.L. 1994, Sec. tosec, ref. This section is referred to ch. 419 is compiled as § 39-4427. in § 39-4423

.

Sec. to sec. ref. This section is referred to



### 39-4411. Records

- Reporting

- Monitoring. -' (1) PtlFStlfiBt t6



### necessary, such rules relating to records, reporting, and monitoring as may eeded to achieve the purposes of this chapter. These rules may include, but 11 not be limited to, prescribing procedures and requirements for:

(a) The establishment, mainte ce, and format of records and reports; (b) The submittal of records and repo (c) The taking of samples and the performin tests and of analyses; (d) The use ofapproved monitoring methods and te ues; (e) The installation, calibration, use, and maintenance 0 

### equipment; and (2) Sixty (60) days after promulgation of the criteria and lists specified under section 39-4407, Idaho Code, and the rules required under section 39-4405, Idaho Code, and subsection (1) 

### of this section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by any person without reporting such activity to the department as required by 

### the rules issued pursuant to subsection (1) 

### of this section shall 

# • be unlawful.

.

# o 123 ' IlAZAIlDOUS WASTE MANAGEl\IENT 

### 39-4411

other resentatives of the department, under any provisions of this chapter, s be available to the public, unless the Information, or parts thereof, if made . blic, would divulge methods, processes, or activities constituting trade seer in which case the information shall be subject to disclosure according to cha 3, title 9, Idaho Code. Nothing in this subsection shall be construed as I 

### ·tirig the disclosure ofinformation by the departmentto anyofficer, employee, uthorized representative ofthe state or the United States, as necessary to ca out the provisions ofthis chapter or the provisions ofRCRA. The provisions 0 

### is section shall not. limit the department's authority to release confidential in ation during
an emergency involving hazardous waste, if the director dete . es that release ofthe information is necessary to safeguard the public healt 

### d

(4) Effective January I, 1996, each generator shall, at the discretion of the director, no later than thirty (30,) days after the end ofeach calendar year submit a written annual report to the department including the following information:

(a) The types and quantities of hazardous wastes generated; (b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; (crThe types and quantities of such wastes remaining in storage at the end of the reporting period; 

# o (d) Whether such wastes are destined for disposal or treatment in this 'stateor whether such wastes are destined for disposal or treatment outside this state. (5) EffectiveJanuary 1, 1996, the operatorofeach commercial hazardous waste disposal facility or sitein the state shall, no laterthanthirty(30) days after the end ofeach calendar year, submit a written annual report to the department providing information on the,types and quantities of wastes received which were generated in Idaho, and information on the types arid quantities ofwastes received which were generated in'other**stat~s.**



### r and the legislature detailing the types and quantities of hazardous was enerated in this state, the types and quantities ofsuch wastes shipped for trea nt and disposal by landfilling orother means of disposal, thetypes andquanti I 

### suchwastesremaininginstorageatthe end of the most recent reporting pen nd 'the. types and quantities of hazardous wastegenerated outside this state a hipped into this state for storage or disposal. 

### [I.e" § 

### ,39-4111, as added by 197, -180, § 

### 2, p. 486;
am. 1978, ch.' 160, § 

### I, p. 348; am. 1983, ch. 153, § 8, p. 407; 1988, ch. 264, § 16, p. 519; am. 1990, ch. 213, § 43, p. 480; am. 1993, ch. 291,

Compilerts notes. Section 2 of S,L.**1!'l~6,** on and after its passage and approval and ch. 125 t.Ieclared an emergency and provided rct.ro.rctivc ,to January, 1, 1996, Approved that the act should he in full force and erred Mart-h 8, 1996. 

# o

t-'-**----------------------------.-~----~---'---c:_~**

# • 39-4417 HEALTH AND SAFETY 

### 124 gO tH7. HUI'Jtlt'doHS ;o'aste eft,ergertey aeeOHftt. (1) ThciC is iereby 

### created an account in the state treasury to be designated the H 

### zardous waste emergency accou nt. 

### ) The account shall consist of moneys appropriated to the account by the gislature,moneys allotted to the account as a result ofdepartmental compl nee proceedings, moneys allotted to the account in a court ordered award judgment, moneys allotted to the account in a court approved 

### settlemeri and moneys contributed to the account from other sources.

(3) Mond s in the account may be used by the director in the case ofa hazardous 

### ste emergency to pay the necessary costs of preventing, neutralizing, 0 

### mitigatinganythreatto thepublichealthorsafety,or to the environment ca ed by that emergency.

(4) Theboard y promulgateregulations for thewithdrawal and use of funds from the acco t 

### as specified in subsection (3)ofthis section. (5) Allmoneys plac d in the accountareherebyperpetuallyappropriated .to 

### the department for the purposes described in subsection (3) of this section. All expenditures rom the account shall be paid out in warrants drawn by the state control r upon presentation of the proper vouchers. (6) Pending use, surplus oneys in the account shall be invested by the state treasurer in the same anner as provided under section 67-1210, Idaho Code. Interest earned on the investments shall be returned to the account. [I.C., § 

### 39-4417, as ad de by 1975, ch. 180, § 

### ·2, p. 486; am. 1994, ch. 180, § 

### 74, p. 

### 420.]

Compiler's notes. Section 241 of S.L. Sections 73 and 75 of S.L. 1994, ch. 180 are 

# • 1994, ch. 180 provided that such act should becomeeffectiveon and afterthefirstMonday in January, 1995 [January 2, 1995] if the amendment to the Constitution of Idaho changing the name of the state auditor to statecontroller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held on November 8, 1994. Since such amendment was adopted, the amendment to this section by § 74 of S.L. 1994, ch. 180 becameeffective January 2, 1995. c piled as §§ 39-422 and 39-7110, respectiv .

Be ion 241 of S.L. 1994, ch. 180 provided: "This t shall be in full force and effect on andafte the firstMondayofJanuary, 1995, if the state oard of canvassers has certified thatan arne dment to the Constitution of the State of Idah has been adopted at the generalelectionof 94 to changethe nameofthe state auditor to ate controller."



### 39-4427. Hazardous waste disposal fee.

- (I) 0 and after July 1, 1995, there is imposed on the owner. or operator of e ery commercial hazardous waste disposal facility or site permitted tinder s ction 39-4409, Idaho Code; the following waste disposal fees: (a) Hazardouswastesasdefinedby RCRAorsection39-4407, daho Code: thirtydollars**(~30.00)** 

### per gate ton or fraction thereofdispose of at the facility or site, provided however, that hazardous waste that s been delisted or has been treated so that it is no longer hazardous was : five dollars ($5.00) pergateton or fractionthereofdisposed ofat the facilr or . site;

. (b) PCB and all manifested waste other than wastes as defined paragraph (a) of this subsection: twenty-five dollars ($25.00) per gate ton I 

# •125 IDAHO HEALTH PLANNING ACT 39-4901 

# o

Ed All Clther 

### IIi**:1~te** 

### n6t**elefirH~d:** 

### in 13tlf'tlgt'8:phs (8:) 8:nd (b) sfthis sHbsee tion: five dollars ($5.00) per gate ton or fraction thereof.

) The fees setforth in subsection (1)ofthis section shall notapplyto any of t following types of wastes:

(a) 

### astes generated or disposed ofby a public agency or other person' .opera ing a household hazardous waste collection program; (b) .Wa tes generated or disposed of by any agency ofthe state of Idaho. Any wa e for which the fees are waived under the provisions of this section mus e noted as fee-waived waste on the return required in section 39-4428, IdaH ' Code, and is subject to all audit provisions of section 39-4429, Idaho' ·ode.

(3) For wastes isposedof by any agency of the state of Idaho at any commercial hazar us waste disposal facility or site permitted under section 39-4409, Ida Code, the director, pursuant to a written agreement with the owner or op ator of any such facility or site, may credit 

### to the hazardous waste traini ,emergency and monitoring account an amount equal to the actual cost c arged by such owner or operator per gate ton or fraction thereoffor the cha cterization, collection, identification, transportation, treatment,storage a d disposal of wastes at such facility or site. 

## n.c, § 39-4427, as added by 84, ch. 205, 

### § 5, p. 502; am. 1992, ch. 251, § 1, 

### p. 735; am. 1993, ch. 291, § ,p. 1082; am. 1994, ch. 419, § 2, p. 1310;
am. 1995, ch. 127, § 1, p. 856.] ,

Compiler's notes. Section 1 of S.L. 1994,. 

# o
eh. 419 is compiled as § 39-4403.

NATURAL DEATH CT
39-4501. Short title.

Sec. to sec. ref. Sections 39-4501

- 39­ 4509 are referred to in §. 39-150.
CHAPTER 49 , IDAHO HEALTH PLANNINGACT

SECTION. SECTION. 39-4901. Purpose and policy. 39-4902. Definitions. 39-4903: Cooperative agreements

- Certification.
39·4901. Purpose and policy.

­ ture to provide to' all of Idaho residents a quality health care system for a reasonable cost and to prevent the deterioration of such system b the duplication'ofservices or the introduction of new categories ofservices t at
are notnecessary-to theirhealth. Itis further the intentofthe legislature prornote.rcooperation among health care providers in health 

# o 39-4904. Judicial review.



### It is the intent of the legis

planning

\ I

# •

IDAHO C·ODE

CONTAlNING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

ORIGINALLY PUBUSHED BYAUTHORITY 0 .. LAWS 1947.CHAPI'ER 224
REPUBLISHED BYAUTHORITY 0' LAWS 1949.CHAPTER 167 AS AMENDED 

# • Compiled Under the Supervision ofthe Idaho Code Commission



### PHILLIP M. BARBER 

### B. NEWAL SQUYRES.JR. 

### M. ALLYN DINGEL.JR. 

### COMMISSIONERS 

### MAX M.SHEll.S. JR. 

### EXECUTIVE SECRETARY



## VOLUME SEVEN A

THE MICHIE COMPANY Law Publishers CHAJU.O'M'!:SVlu.&. VrRGlNlA 

# •

# G

COf'ftJoHI'C 1948, 1981. 197'7, 1988. l_ IT

. 

# o nc.BlICHDI CoMPAHT
­



# o

# •

HAZARDOUS WASTE FACILITY SITING 39-5802
in t

.

_ VI rom any liability caused by such providers' negligence. abuse. or

### se~er improp tion of the provider. [LC .• § 39-A4707. as added by 1981.

### ~~. 65, § 1, p. 93; a. redesig. 1990, ch. 326, § 7. p. 888.]**note~.** This section was for- __.
__**~8** of S.L. 1990. ch. 326 is compiled CoJJ1piler's . ly compiled as § 39·A4707.

flier as § 63·30


### CHAPTER 57



### CHAPTER 58 HAzARDOUS WASTE FACILITY SITING

SECTION. ;ECT10N.

. disposal facility - Review ­ 39.5802. Legtslauve Intent. Siting licenses. 39.5803. Definitions. 39-5801. Short tltle

.. 

# • 39·5812. Site review panels

- Members.

.39-5804. Methods of hazardous waste man· chairman. quorum. meetings

.

. agement

.. staff. 39.5805. State hazardous. waste manage­ 39·5813. Siting license application - Fee ­ ment planning committee

­ Rules and regulations. Creation

- Members

. 39-5814. Duties of director upon receipt of a 39.5806. State hazardous waste siting man­ siting license application

­ agement plan

- Preparation Recommendation.

- Inclusions

- Studies

­ 39·5815. [Repealed.I Public hearings

- Summary 39-5816. Local restrictions on hazardous

- Amendments - Recom­ waste treatment. storage. or mendation. disposal facility construction. 39.5807. Amendment or rejection of plan. 39-5817. Coordination and integration with 39-5808. Siting license required. state and federal law. . 39-5809. Permits and licenses

- Issuance 39-5818. Information obtained

- Public prior to adoption of plan. record. 39.5810. Licenses

- Issuance after adoption

. 39-5819. Certification of city. county. or disof plan. trict healthdepartments. 39.5811. Expansion. enlargement or alter­ 39-5820. Remedy for devaluation of property ation oftreatment. storage. or caused by approved facility.



### as the "State Waste Facility Siting Act." [LC., § 39·5801, as 

### added by 1985, ch. 113, §

See. to sec. ref.Thischapteris referred to

39-5802. Legislative intent.- (1) The legislatureofthe stateofIdaho hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matterofstatewideconcern, and the provisionsofthis chapter arethereforeenactedto provide an effective methodofestablishing such sites

.. 

# • 12) It is the intentofthe legislature ofthe state ofIdaho that generators ofhazardous waste be encouraged to use on-site and off-site alternative

# G

39-5803 HEALTH AND SAFETY 456
treatment methods to reduce the amount ofhazardous waste that must

### be discharged into the environment and to reduce associated hazards to th health and welfare of the citizens of this state. Alternative

### managemen~ technologies which detoxify, stabilize and reduce the amount of hazardous wastethatmustbe buriedareavailable. For suchpurpose, theprovisions of this chapter are enacted to 

### allowthe development of safe alternative methods for the treatment of hazardous waste and to provide a means for the designation of hazardous waste disposal sites when such methods are unable to obviate the need for hazardous waste disposal oil land. Whereas the state ofIdaho may be responsible for the perpetual care of hazardous waste landdisposal facilities, alternative technologies such as incineration resource recovery, or physical, chemical or biological degradation should implemented to the maximum extent possible.

(3) It is the intent of the legislature that the site license process not duplicatethe existinghazardous waste management act permittingproceSll as set forth in section 39·4409, Idaho Code. The site license is a prelim], nary, general review which is not based on the type of specific, detailed technical information required for the hazardous waste management act permit.[I.C., § 39-5802, as added by 1985, ch. 113, § I, p. 220; am. 1987, ch. 103, § I, p. 207.)·

.

Compilee's notes. Section 2 of S.L. 1987. ch. 103 is compiled as § 39·5812. 

# o

39-5803. Definitions. - As used in this chapter: (1) "Panel"meansthesitereview panel createdin section 39-5811, Idaho Code.

(2) "Committee" means the state hazardous waste management planning committee created in section 39-5805, Idaho Code.

(3) "Department" means the department of health and welfare

.. (4) "Designated facility" means a hazardous waste treatment, storageor disposal facililty which has received a permit or has interim status under title II ofthe solid waste disposal act or has a permit from the state authorized under section 3006 of title II of the solid waste disposal act (42 U.S.C.A. section 3006).

(S) "Director" means the director of the department of health and welfare.

.

(6) "Disposal" is defined in section 39-4403, Idaho Code. (7) "Disposal facility" means a facility or a part of a facility at which managed hazardous waste, as defined by rule, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure.

(8) "Generator" is defined in section 39·4403, Idaho Code. (9) "Hazardous waste" is defined in section 39-4403, Idaho Code. (to) "Hazardouswastemanagement" is defined in section 39-4403, Idaho Code.

(11) "On-site" means on the same or geographically contiguous property which may be divided by a public or private right-of-way if the entrance and exit between the pieces ofproperty are at a crossroads intersection and 

# o

. +

, , I

# •

HAZARDOUS WASTE FACIUTY SITING 39-5805 457 access is by crossingratherthan going alongthe right-of-way. Noncontiguous pieces ofproperty owned by the same person but connected by a rightof-way which the owner controls and to which the public does not have access is also considered on-site property.

­

(12) "Operator"meansthepersonresponsible for theoverall operation of adisposal, treatment or storage facility with approval ofthe director either by contract or permit.

.

(13) "Person" is defined in section 39-4403, Idaho Code. (14) "Plan"meansthe statehazardouswaste managementplan prepared under the provisions of section 39-5806, Idaho Code.

(15) "Storage" is defined in section 39-4403, Idaho Code. (16) "Storage facility" means a facility or part of a facility at which managed hazardous waste, as defined by rule and regulation is subject to storage.

(17) "Title II of the solid waste disposal act" means sections 1001 through 8006 of public law 89-272, 42 U.S.C. 6901, 6902 through 6910, 6912 through 6940 and 6942 through 6986. 

# -. For purposes of this chapter, words and phrases defined.in section 39-4403, Idaho Code, shall carry the same meaning when used in this chapter unless the context clearly denotes otherwise. [I.C., § 39·5803, as added by 1985, ch. 113, § 1, p. 220.]

Compiler's notes. The reference in subdi- tion 39·5811" appears to refer to the panel vision (1) to the review panel created "in see- created in § 39-5812.

me andthecommittee in the conduct oftheir duties underthe provisions**~fthis** apter and underthe provisionsofchapter 44, title 39, Idaho Code, shall assi in encouraging, developing and implementing methods of hazardous waste anagement which are environmentally sound, which maximize the utiliza . n of valuable resources and which encourage resource conservation inclu . g source separation and waste reduction. [I.C., § 39-5804, as added 0 1985, ch. 113, § 1, p. 220.]

39-5805. State

### bazardou aste management planning committee

- Creation

- Members. (1) he state hazardous waste management planning committee is hereby crea in the department. The committee shall represent diverse geographical are of the state. No later than September 1, 1985, the governor shall, subject the advice and consent ofthe senate, appoint seventeen (17) members to the mmittee consisting of the following representatives:

­

(a) One (1) representative of city government (b) One (1) representative of county government (c) One (1) hazardous waste transporter (d) One (1) hazardous waste generator 

# • ator 

### <0 One-(1) member of an environmental group (e) One (1) hazardous waste treatment, storage, or disposal facili

# o

39-5806 HEALTH AND SAFETY 458

(h) Two (2) mem ers 0 t e genera pu I (i) The director of the department or his designee
I' the director of the department of water resources or his designee tk One (1) licensed'professional engineer (J) • faculty member of a university or college in this state well versed inge ogy, hydrology or other environmental matters tm) Th director ofthe Idaho transportation department or his designee , ill One' ) representative of the mining industry
I) One (1 representative of the forest products industry; and tpl One (1) presentative of the agricultural industry, (2) A vacancy ccurring on the committee shall be filled in the same manner as the or inal appointment.

(3) The chairman f the committee shall be elected by the members of the committee and th chairman shall be a voting member of the commit. tee.

(4) Members ofthe com. ittee who are not state employees shall be enti. tied to receive cornpensatioi as provided in section 59·509(bl. Idaho Code,

(5) The committeeby majo 'ty vote shall establish operating procedures. The operating procedures sha be made available for public review. '

(6) In the conduct of its busin s, the committee shall solicit the adVice of, and consult periodically with 'ties, counties and persons within the state for the purpose ofreceiving in ation or advice that may be helpful in the preparation of the plan.

(7) Employees of the department of alth and welfare, department of waterresourcesandthetransportation de

. 'tee'on a priority basis.

, (8) The committee shall disband after fin I· legislature. (9) Upon petition to the director and the dir tor's recommendation to the governor, the governor shall appoint a commi ee in the same manner as the original committee to amend or revise the Ian.

(10) The committee shall hold its first meeting a soon as practicable after confirmation by the senate. 

### [I.C., § 39·5805, 

### as ded by 1985, ch. 113, § 1, p. 220.1

39-5806. Statehazardous waste sitingmanagement p ration

- Inclusions

- Studies

- Public hearings - S Amendments

- Recommendation.

- (1) Not later than nuary I, 1987, the committee shall prepare a.state hazardous waste siting ment plan.'

. (2) The plan shall: (a) Provide for a reasonable geographic distribution of hazardous w te treatment, storage, or disposal facilities to meet existing and probab future needs.

. (b) Be based upon location ofgenerators, health and safety, economics of transporting,,types of waste and existing hazardous waste treatment, 

# o c

# •

39-5807 ecoQomic mecha.· HAZARDOUS WASTE FACILITY SITING 

### 459

nisms. a timetable to carry out the plan.

) The committee may instruct the department of health and welfare. the epartment of water resources and the transportation department to amP te studies as considered reasonably necessary for the completion of

### ~he pia . The studies may include:

(a) An inventory and evaluationofthe sourcesofhazardous waste gener­ ation WI in this state or from other states. including the types and quantities of the hazardous waste. lb) An inve tory and evaluation of current hazardous waste manage­ ment practic and costs, including treatment and disposal. within this state

. . rc) Aprojection determination offuture hazardous waste management

needs basedon an valuationofexistingcapacities. treatmentor disposal capabilities.manufa turing activity, limitations and constraints. Projection ofneeds shall co ider the types and sizes ofhazardous waste treatment, storage, or dispo I facilities, general locations within the state, management control sys rns, and an identified need for additional privately owned or state 0 treatment, storage, or disposal facilities. (d) An investigation and an ysis of methods and incentives to encourage interstate and internation I cooperation in the management of hazardous waste, (e) An investigation and analysis f methods, incentives or technologies for source reduction, reuse, recycli ,or recovery of potentially hazardous waste and a strategy for encour .ng the utilization or reduction of hazardous waste. (f) An investigation and analysisofalte ate methods for treatment and' disposal of hazardous waste. (4) Upon completion of the plan. the com ittee shall publish a notice after giving twenty (20) days' notice as provid in section 60-109, Idaho Code, in a number of newspapers and shall issue statewide news release announcingthe availabilityoftheplanfor inspectio by interested persons. The announcementshall indicate where and how the Ian may be obtained or revi'ewed and shall indicate.that not less than thre \3l public hearings shall be conducted at varying locations in the state befo formal adoption. The first public hearing shall not be held until sixty(60l ys have elapsed from the date of the notice announcing the availability the plan.

(5) After public hearings, the committee shall prepare a itten summary of the comments received, provide comments on the rna r concerns raised, make amendments to the plan as necessary and sha formally adopt the plan, and shall submit the plan to the legislature at he first regular session of the legislature following adoption of the plan [I.C., § 39-5806, as added by 1985, ch. 113, § 1, p. 220.1

39·5807. Amendment or rejection of plan.

- The legislature sh amend, adoptor reject the plan by passage of a concurrent resolution at th regular legislative session when it receives the plan. If the legislature 

# • I

# o

39-5808 HEALTH AND SAFETY 460 [;wjec ti on by passage of a cODcurrent resolutjon and retprn the plan tQ**t~** eefftfftiUss [I.e I §

### 3~ iji07, ai aQQQQ by 19iia, QA 113, 1, p 22e.J ,e

39-5808. Siting license required. - No person shall construct, ex. pand, enlargeor altera commercial hazardous wastedisposal, treatmentOr storage facility or anyon-site land disposal facility for wastes listed pursu. ant to section 20Hd)(2) and (e), as modifiedby section 209 of "The Hazard. 'ous and Solid Waste Amendments of 1984," as enacted by the U.S. can. gress, without a siting license from the department. The owner or operator ofthe facility or siterather than the buildershall be responsiblefor obtain. ingthe license. Facilitiesexemptedfrom permittingunder the provisionsof section 39-4409, Idaho Code, shall not require a license under the provi. sionsof this chapter. (I.C., § 39-5808, as added by 1985, ch. 113, § 1, p. 220.1

pl

- The director may issue permitsundertheprovisionsofchapter44,

,title 3 , daho Code, or licenses pursuant to this chapter, for existing or proposed ardous 'waste treatment, storage or disposal facilities and other authoriz operations before the adoption ofthe plan by the commit. tee. (I.C., § 39-5 ,as added by 1985" ch. 113, § I, p. 220.) 

# o

39·5810. Licenses

- suance after adoption of plan.

- After the

, plan has been adopted by t committee, the director shall not issue a

license under the provisions of .s chapter for a.hazardous waste treatment, storage or disposal facility un' the director has made a determination that the action is consistent with adopted hazardous waste management plan. The director may exempt cl s or categories of hazardous waste treatment, storage or' disposal facilitie om complying with the hazardous waste management plan if the exemptio

.sin the public interest and consistent with state and federal law. If t director exempts classes or categories of hazardous waste treatment. stora r disposal facilities from complying with the hazardous waste managemen lan, rules and regulations shall be promulgated in compliance with chapte , title 67, Idaho Code, specifically indicating the exemption. (I.C., § 39-58 '

39-5811. Expansion, enlargement or alteration oftreatment, storage, or disposal facility

- Review Siting licenses. - (1) A hazardous waste treatment, storage, or disposal facility in existence on July I, 1985, shall not require a review under the provisions of this chapter.

(2) The expansion, enlargement, or alteration of a hazardous waste treatment. storage, or disposal facility in existence on July I, 1985, constitutes a new proposal for which a siting license is required. [I.C., § 39-5811,
as added by 1985, ch. 113, § I, p. 220.1



## ae 581la. Site Fe ';'ew pllftels MemBersl eftWIII8fti tttlorwrt;-meetiAtllI,**8t~ff.** (1) A site regie'" paRel shall Be es't.6BlisReli te**iRs~Fe !!~elie**  

# o

# •

HAZARDOUS WASTE FACILITY SITING 39-5812 

### 461**~'lTT1:;-ffl~te-lfteE~ffi1~F6E~:;-a,FtEl-*-f'ecomme-n6-te-t~****dtr~·** w ich shouldbe included in the siting license. Such conditions may include me ures to mitigate public concerns for the following types of facilities:

(a) All commercial hazardous waste disposal facilities not in existence prio to July 1, ·1985;

. (b) A commercial hazardous waste treatmentor storage facilities not in existen prior to July 1, 1985; (c) Any -sitedisposal ofwastes listed pursuantto section 20Hd)(2) and (e)as modi ed by section209 of"The Hazardousand Solid Waste Amendments of 19 ," as enacted by the U.S. congress, for sites not in existence prior to July ,. 1985; (d) Any signifi nt expansion of the above-listed facilities after July 1, 1985. Apanel shall cons t often (10l members to be appointed as provided in subsections (2) and ( of this section..

.

(2) The following six )members shall serve on every panel established to review a siting licens application: 

# • (a) Three (3) members sH 11 be representatives ofthis state, one (1) each from the department of 

## n alth and welfare, the department of water resources and the Idaho tra portation department. A member who is a representative ofthis state sh II be appointed by each ofthe directors of the respective departments arid vacancy shall be filled as necessary by the appropriate director. A mem r who is a representative of the state shall be appointed to serve on site eview panels for a period of two (2) years and may be appointed for add ional two (2) year periods. In addition, a member who is a representativ ofthe state may serve beyond the expiration ofthe member's two (2) yea period of service for so long a period oftime as is necessaryto complete ctionon sitinglicense applications pending at the expiration of the m ber's term. (b) Three (3) members shall be public mem rs appointed by the governor with the advice and consent of the sena . One (l) public member shall be a geologist or hydrologist, one (1) an ngineer, and one (l) a representative of industries which generate h rdous waste. One (l) public member shall be onjhe faculty of an instit ion of higher education in this state. A vacancy shall be filled for the expired portion of the period in the same manner as the original appoin ment. A member who is a public member shall be appointed to serveon sireviewpanels for a period of three (3) years and may be appointed for a ditional three (3) year periods. (3) The following four (4) members shall serveon a panel wh h is established to consider a particular siting license application:

(a) Two (2) members shall be appointed by the city council 0 he city located closest to or in which the hazardous waste treatment, sto ge, or disposal facility is proposed to be located, atleastone (1) ofwhomsh II be a resident of the city. The members serving pursuant to this subsec 'on shall serve until the particular siting license application subject to th ir 

# •**rev~ew** is approved, .or until the application is rejected and is no longe

# c

39-5813 HEALTH AND SAFETY 462**~~~~~~J.J.....bil...l:e.S.i~:s"",g&,.tb.e..J:aun~~..t.b.a.~nT.'** ... s wastetreatment, storage. or disposal facility is proposedto be located an hall be appointed by the board ofcommissioners of the county. 

### The
memo servingpursuant to this subsection shall serve until the partie. ular siti license application subjectto theirreviewis approved, or until the applica 'on is rejected and is no longer subject to their review. (4) The memo appointedas the representative of the state from the department shall b hairman ofeach panel and shall notify the city COUncil of the nearest city d the board of county commissioners of a siting' license application filed ith the department, and shall instruct the city and county to appoint the n essary representatives to a panel. The chair. man shall be a nonvoting mem r ofthe panel except when the chairman's vote is necessary to break a tie ote.

(5) Six (6) ofthe ten (10) members thepanel shallconstitute a quorum for the transaction of business of the p el and the concurrence of six (6) members ofthe panel shall constitute a Ie I action ofthe panel. All meet. ings of the panel shall be conducted pursua to the state open meeting law.

(6) The director shall make staffavailable to a ist a panel in carrying out its responsibilities.

(7) Membersofthepanel who are notstateemployees allbe entitledto receive compensation as provided in section 59-509<b), I 0 Code. [I.C., § 39-5812. as added by 1985. ch. 113. § 1. p. 220; am. 1987, c . 103, § 2, p. 

# o 207.]

.

Compiler's notes, The Hazardous and § 6901 et seq. Section 1 ofS.L. 1987. c Solid WasteAmendmentsof 1984, referred to is compiled as § 39-5802. • . . r
39-5813. Siting license application

- 

### Fee

- Rules and regulations. - (1) 

### An application for a siting license shall include:

(a) The name'and residence of the applicant; (b) The location of the proposed hazardous waste treatment. storage, or disposal facility;

. (c) Engineering or hydrogeologic information'to indicate compliance with technical criteria as adopted in the. hazardous waste management plan if applicable; (d) A description of the types of wastes proposed to be handled at the facility;

I (e) Information showingthat harm to scenic. historic. cultural or recreai tional values is not substantial or can be mitigated;
I 

### <0 Information showing that the risk and impact of accident during transport of hazardous waste is not substantial or can be mitigated: and (g) Information showing that the impact on local government is not adverse regarding health. safety, cost and consistency with local planning and existing development or can be mitigated.



### .. . . shall determine whet er 1 com lete, the director sbe" notify tbe applicant 

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HAZARDOUS WASTE FACILITY SlTlNG 39-5814

39.5814. Duties 0 director upon receipt of a siting license application- Recommen tion.

- (1) Upon receipt of a complete siting license application, the dir tor or an authorized representative ofthe director shall:. 

# • (a) Immediately notify th permanent panel members, the city and/or county in which the hazard waste treatment, storage, or disposal facility is located or proposed be located. the state fire marshal, the director ofthe department of 1 h and game, the director.of the department of law enforcement, and ea division within the department that has responsibility in land, airor w er management, and other appropriate agencies. The notice shall desc " e the procedure and the schedule based on the complexity of the appli tion by which the siting license may be approved or denied. (b) Immediately publish a notice that th application has been received. as provided in section 60-109, Idaho Code, On a newspaper having major circulation in the county and the immedi e vicinity of the proposed hazardous waste treatment. storage, or dis al facility. The required published notice shall contain a map indicatin the location of the pro. posed hazardous waste treatment. storage. or dis osal facility and shall contain a description of the.proposed action and t e location where the complete application package may be reviewed and here copies may be obtained. The notice shall describe the procedure b which the siting license may be granted. (2) Upon notification by the director, the chairman sh I immediately notify the representativesofthe stateto thepanel andthe pu lie members. The chairman shall also notify the applicable county and c for their appointment of members as provided in subsection (3) of sectio 39-5812; Idaho Code. Within thirty (30) days after the notification, the ard of commissioners of the county and the city council shall select the m mbers to serve on the panel. The panel shall be created at that time and no ification of the creation of the panel shall be made to the chairman. 

# • (3) If technical criteria are not applicable. the director shall submit the panel a draft site license which includes conditions based on the info

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39-5814 HEALTH AND SAFETY 464 

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. eceived. shall be made within sixty-five (65) days after a complete application is

. (4) If technical criteria as.adopted in the hazardous waste management pl are applicable, the director shall determine if the proposed facility com ies with the criteria. Such determination shall be made within fony. five ( )days aftera complete application is received. lithetechnical crite. ria are ot met, the director shall deny the license and the panel shall be ' disband If the technical criteriaare met, the director shall submitto the. panel a dra sitelicense which includes conditions regardingthetechnical criteria to b met. These conditions may be more stringent than those in theplan if wa anted by information provided in the application. The draft license may als include additional conditions based on the information submitted in the plication regarding the construction ofthe facility. 'The director shall also commend to the panel that the license be issued or denied. The denial 0 draft license submittal shall be made within sixty. five (65) days after a mplete application is received. The director shall immediately notify the pplicant and the chairman of the panel of the denial or draft license su mittal.

(5) Withinten (10) days a ersubmittalof a draftlicense, the panel shall meet to review and establish timetable for the consideration of the draft site license.

.

(6) The panel shall: 

# o (a) Seta date and arrange for pu .lication ofnotice of a public hearing in 

## anewspaper havingmajorcircular n in the vicinity ofthe proposed site, at its first meeting. The public no ice shall:

(i) Contain a map indicating the I ation of the proposed hazardous waste treatment, storage, or disposal acility, a description of the pro­ posed action, andthe location whereth application for a siting license may be reviewed and where copies rna be .obtained; (ii) Identify the time, place and location fo the public hearing held to receive public comment and input on the plication for a siting license; , (b) Publishthe notice not lessthanthirty(30) da publichearingandthenotice shall be, at a minim notice as provided in section 60-109, (7) Comment and input on storage, or disposal facility may be presented orally or i writing at the publichearing, andshallcontinue to be accepted in writingb thepanel for' fifteen (15) days after the public hearing date.

(a) The risk and impact of accident during the transportation oUB waste; (b) The risk of fires or explosions from improper treatment, stora e, or disposal methods; (c) The impact on local units of government where the proposed haza'

­ ous waste treatment, storage,or disposalfacility is to belocated in te (8) The panel shall consider, among other things: Idaho Code.' the proposed hazardous aste treatment,



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" HAZARDOUS WASTE FACILITY SITING 39-5814 465

permits or other requirements and their potential relationship to the

.

roposed hazardous waste treatment, storage, .or disposal facility; ( The nature of the probable environmental impact. (9) The panel's primary responsibility shall be to consider the concerns and 

### ob ctions submitted by the public. The panel shall facilitate efforts to provide at the concerns and objections are mitigated by proposing additional con itions regarding the construction ofthe facility. The panel may propose con ·tion.s which**in~egrate** the provisions ofthe city or county ordinances, pe its or requirements. ""

(l0> Within m ety(90) daysaftercreation, thepanel shall recommend to the director that t license be issued as proposed, issued with different or additional condition or denied. The director shall make a final decision -. within thirty (30) day after receipt of the panel's recommendation. If the panel recommends diffe nt or additional conditions, a clear statement of the need for the condition ust 

### be submitted 

### to the director. If the panel recommends denial, a clear tement ofthe reasons for the denial must be submitted to the director.

(11) The director shall issue siting license if the director determines that:

(a) The technical criteria are me . (b) The harm to scenic, historic, cu ural or recreational values is not substantial or can be mitigated by a propriate license conditions; (c) The risk and impact of accident du . g transportation of hazardous waste is not substantial or can be mitig ted with appropriate license conditions; (d) The impact on local government is not verse regarding health, safety, cost and consistency with local plannin and existing development or can 

### be mitigated with appropriate lice conditions; and (e) No other major concerns have been raised by e panel regarding public health or the environment which cannot be m igated by special license conditions. " (12) An applicant denied a siting license pursuant

### to this apter or any person aggrievedby a decision ofthe directorpursuant 

### to this apter may within twenty-eight (28) days, after all remedies have been exh sted under theprovisionsofthischapter, seekjudicialreviewunderthepr edures provided in chapter 52, title 67, Idaho Code.

(3) No permit pursuant 

### to section39.4409, Idaho Code, shall be is ed unless the applicant has been issued a"site license. [I.C., § 39-5814, added by 1985, ch, 113, § I, p. 220; am. 1987, ch.103, § 4, p. 207; am. 1993, ch. 216, § 29, p. 587.]

Compiler's note&. Sections 28 and 30 of S.L. 1993.ch. 216 arecompiled as §t 39-4909 and 4 J 242,

..·pec::tj"ely 

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# o**"<ltS'r,5&rn:~Notiee** 39-5815 HEALTH AND SAFETY
€ElF aAd creation of panel afU>r nonrejectj proval of siting license application

_

### Time:b~f '\> consideration ofproposed facility

- Public bean: for Notice

- Comment and input

- Municipal impa

onsiderations

- Advice. [Repealed,] C ­ Compiler's notes. This ction. which ch. 113.**~.** 1. p. 220. was repealed bv SL comprised I.e., § 39-5815. as a by 1985. 1987. ch. 103. § 5.

. 

### <, 39-5816. Local restrictions hazardous waste treatment. storage, or disposal facility constructi - An ordinance, permit**requl~"** ment or other requirement of a city or co ty shall not prohibit thecon. struction of a hazardous waste treatment, std e, or disposal facilitv In that city or county. [I.C., § 39-5816, as added by 1 ch. 113, § 1,

### p.22u.

39-5817. Coordination and integration with state a ederal law.

- The director shall coordinate and integratethe provisionsof . chapter for purposes ofadministration and enforcement with appropriate st .

provided in su s is section, information obtained by thede1S partment under the provisions of t be deemed to bea

(2) A person regulated under the provisions of this chapter maydesig­ 

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nate a record, site license application, other information, or a portion ofa record, site license application, or other information furnished to orob­ tained by the department or its agents, as being only for the use ofthe department and the panel, The materialshall then be subject to disclosure according to chapter 3, title 9, Idaho Code. (I.C., § 39-5818,'·as added by 1985, ch. 113, § I, p. 220; am. 1990, ch. 213, § 49, p. 480.]

Compiler's notes. Sections 48 and 50 of vided that §§ 3 through 45 and 48**throu~h** S.L 1990. ch. 213 are compiled as §§ 39·5403 110 of the act should take effect July 1. 1993 and 39·6208. respectively. and that §§ 1. 2. 46 and 47 takeeffectJuly 1.

Section III of S.L. 1990, ch. 213 as 1990. amended by § 16 of SL. 1991. ch, 329 pro­



### , 

## , men. The department may certify a city, county or health district to

.administer a nforce portions of this chapter and chapter 44, title 39. Idaho Code, but on he extentconsistentwith obtaining and maintain' ing authorization ofthe sta ' azardous waste managementprogrampursuant.to section 3006oftitle II of t lid waste disposal act. Certification procedures shall beestablishedby thedepa ntby rule (rules] and regu' lations. The director may rescind certificationupo requestof the cer tl· fied city, county,'or health district, or after reasonable no . nd hearing. ifthe director finds that a city, county, or healthdistrict is not a . ister' 

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HAZARDOUS,WASTE FACILITY SITING' 39-5820

Co piler's 'rules was notes. The bracketed word inserted by the compiler,
39.58

. Remedyfor devaluation ofpropertycaused by approved facility. (1) Before construction of a hazardous waste treatment, storge, or disp sal facility, but in no case later than nine (9) months after

### ~pproval of a site license for a hazardous waste treatment, storage, or disposal facilit any owner or user of real property adversely affected by approval may br g an action in a district court of competentjurisdiction against the owner. fthe proposed facility. Ifthe court determines that the planned constructro and operationofthe hazardous waste treatment, storage, or**dispo~al** facil w.ill result i? the**devalu~tion.** of**th~** plaintiffs property or will otherw e Interfere with the**plalntlffsngh~s** In the property, it shall order the er to compensate the plaintiff In an amount equal to the value of the laintiffs loss.

12) The remedy provided in subsection (1) of this section shall be in addition to other. remedies pro ided by law for ownersor users aggrieved by the proposed construction and eration of a hazardous waste treatment, 'storage, or disposal facility. 

# • (3) Nothing in this chapter shal prevent an owner or user of property aggrieved by the construction and op ation of a facility from seekingdamages that result from a subsequent mo ification ofthe design or operation ofa facility but such damages are limit to the incremental damage that results from the modification. Any actio for such damages under this section shall be brought within nine '(9) onths after the siting license modification of the design or operation of e facility is approved,

14) For the purpose ofassessingdamages, th value ofthe rights affected isfixed atthedatethe sitinglicense is approved d the actual valueofthe right at that date is the basis for the determinatio ofthe amount ofdamage suffered, and no improvements to the property bsequent to the date ofapproval of the plans shall be included in the as ssment of damages. Similiarly, for any subsequent modification of a facili ,value is fixed at the date of approval of the siting license.

15) The owner or operatorof a proposed facility may, at ny time before anaward ofdamages, abandon the construction or operatio ofthe facility oranymodification and cause the action to be dismissed. As condition of dismissal, however, theowneror operatorshallcompensatethe aintifffor any actual damage sustained as a result ofconstruction or opera' n ofthe facility before abandonment together with court costs and a re onable attorney's fee.

(6) Nothing in this chapter shall prevent a court from enjoining ny activity at a hazardous wastetreatment, storage, or disposal facility tha is outside of, or not in compliance with, the terms and conditions of an a proved hazardous waste operations permit pursuant to section 39-4409, 

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