•
 

EPA APPROVED IDAHO STATUTORY REQUIREMENTS
 

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM
 

APRIL 1999
 

•
 

Idaho Code containing the General Laws of Idaho Annotated, Volume 7A, Title 39, Chapter 44, 

"Hazardous Waste Management", published by the Michie Company, Law Publishers in 1993, 

Charlottesville, Virginia 

State citation 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 is authorized. 

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) Department may issue a variance from the requirements of the 

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 of restricted hazardous wastes prohibited. 406 

39-4424 Disposal of manifested waste. 407 

• Page 1 of 2 
EPA APPROVED IDAHO STATUTORY REQUIREMENTS
 

APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM
 

APRIL 1999 (cont'd)
 

1996 Pocket Supplement to the Idaho Code, Volume 7A, Title 39, Chapter 44, 

"Hazardous Waste Management", published by the Michie Company, 

Law Publishers, Charlottesville, Virginia 

- State citation Description Page 

39-4403 

(except 39~4403(6)&(l4))

Definitions (except for "Gate ton" and "PCB") 120-122 

39-4411(2) Reporting requirements. for generators, transporters, and owners and 

operators of treatment, storage, and disposal facilities. 

122 

39-4411(4) Generator required to submit an annual written report to the 

Department. 

123 

39-4411(5) Operator of hazardous waste disposal facility required to submit an 

annual written report to the Department. 

123 

o 

Idaho Code containing the General Laws of Idaho Annotated, Volume 7A, Title 39, Chapter 58, 

"Hazardous Waste Facility Siting", published by the Michie Company, Law Publishers in 1993, 

State citation 

39-5802 

39-5803 

39-5808 

39-5811 

39-5813(1) 

39-5818(2) 

Charlottesville, Virginia . 

.Description 

Legislative intent 

Definitions 

Requirement of a site license for a commercial hazardous waste 

treatment, storage, or disposal facility, or anyon-site disposal 

facility. 

Siting license not required for hazardous waste disposal, treatment, 

or storage facility ·in existence on July I, 1985; siting license 

required for expansion, enlargement, or alteration of such 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 

CONT AlNING 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 of the 

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 

o
 
'~, 

•
 

HAZARDOUS WASTE MANAGEMENT 39-4306 

challenge to pres 

CODvlncing proof. 

124.1 

. ~hysician or dentist, as well as the level of infonned awareness of the 

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'y presumption 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 written con.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 C< rmed awarenesa are only pre ed suffi- wh'ether the patient consented 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- Responsibility lor conse t and documentation thereof. ­

Obtaining consent for such health care i the duty of the attending physician or dentist or of another physician or de tist acting on his or her behalf 

or actually providing the contemplated care. atment or procedure; however. a licensed hospital and any medical 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 such care is documented by or on behalf of 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 

of medicine 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 physician or 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 of hu·
 

:J9.-4402. Lqi.lative lindinp and p~ ardoua wute prohibited.
 

3g.;.wo;J. Defini tiODl. 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. 

39-4417 A. rReserved.] 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. 

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

1983. ch. 

Compilera ao&es. The worda "thiaac:t" SeC: f. Thia chapter 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,e legislature of 

the 

(a) 

State 

That 

of 

continuing 

Idaho finds: 

technological progress. increases in manufacturing..
 o

and the abatement of air 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.)
 

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• 

187 HAZARDOUS WASI'! MANAGEMENT 39-4403 

Compiler'. Do&ee. For worda "t.IUa Kt,. w~ into ..wer I)'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&e or 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 primary business is the treatment, storage or 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 of the Idaho department of health and 

director's authorized agent. 

(5) "Di means the 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 thereof may, enter the environment 9r be emi into the air or discharged into any waters, including 

ground waters. 

• 

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

material received at a faci '~. This weight does not include any subsequent 

changes to the weight res 'ng from the management of the wute by the 

facility. 

(7) "Generator" meana any n, who by virtue of ownership, manage- . 

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

creation of a hazardous waste. 

(8) "Hazardous waste" meana a w or combination of wastes of a solid, 

liquid. semisolid. or contained gueous rm which. because of its quantity, 

concentration or characteristics (physi • chemical or biologicallmay: 

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

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
 

or industrial discharges which are point sources subject national pollu­


tion discharge elimination system permits under the F ral Water Pol­


lution Control Act. as amended, 33 U.S.C., Section 1251 et
 

8pecial nuclear, 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 of the 

~lettion,source'separation, storage, treatment, transportation, p ess1IlC. 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, waste identification coders), and destination of hazardo 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 that of the federal uniform hazardous waste manifest or 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 private corpo-·
 

ration, state or eral governmental department, agency, or instrumental- .
 

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 of hazardous 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" means th ovement of any hazardous waste to or 

. from a hazaroous waste facility oi ite. 

to or from a 

(19) "Transporter" 

hazardous 

means 

waste 

any 

facility 

pe who 

r site. 

transports a hazardous waste o

(20l "Treatment" means any method, hnique, or process, including 

neutralization, which is designed not to be integral part of a production 

'process, but which is rather designed to cha ge the physical, chemical, or 

.biological character or composition of any h ous waste prior to storage 

or final disposal so as to neutralize such waste 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 of hazardous waste so as render it 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 of this 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 

o
 
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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 

estate ofldaho enact and carry out a hazardous waste program that 

will e ble the state to assume primacy over hazardous waste control from 

the fed al government. 

The Ie lature finds that the RCRA. 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 of the gulations which have been or will be established under 

ReRA. However, by he provisions of this chapter, the legislature desires to 

avoid 'the existence 0 uplicative, overlapping or conflicting state and federal regulatory syste 

• 

Therefore, the board is irected to promulgate rules which are consistent 

with RCRAand the federa gulations adopted by the administrator of the 

United States environmen protection agency to implement RCRA. 

Fanners and ranchers who t t, store, or dispose of waste pesticides from 

their operations on lands own r controlled by 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 of the 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, promuigate procedural rules and rulesspecificall authorized by this chapter or 

other state statutes without showing that hose rules are required by 

ReRAor the regulations of the environmenta rotection agency; provided 

that those rules shall not conflict with this sec .on, other sections of this 

chapter, RCRA, or the regulations of the 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 2 both elf'ec:tive July 1. 1993­

not con11ic:\ and have been compiled 

6~ IJ!lendment by ch. 216. t 27 in the 

'redeeen~nce of the 8eCOnd Parasnph added 

thirdrwJ follOwing"6901 et aeq .• and"; in the 

the~Ph in the p,...nt fint throUCh 

folio' Mntel\Ce8deleted "and. regula tiona" 

in tb'rlnl "nil." whe.-ver they appeared; 

P~nt fourth lIItntence deleted "and 

~Iona follOWing "rules" in the fint foW' 

ceding "relUlationa of the en .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" and deleted a fonner second senten 

Section 2 of S.L. 1988. ch. 259 il compil 

u t 39;-4-409. 
o
 

39-4405 HEALTH AND SAFETY 390 

tively. emergency. Approved April 1. 1986. 

§ 39-44060

Section 3 of S.L. 1993. ch. 291 i.I compiled
 .
 

5. Rules and regulations in general. - Pursuant to the procedures stablished by "the Idaho administrative procedures act, chapter 52, 

title 67, daho Code, the board shall adopt such rules and regulations as are 

necessary d feasible for the management of the generation, collection. 

transportat n, treatment, storage, and disposal of hazardous wastes within 

the state. Tn board shall also adopt such rules and regulations as necessary "to regula persons who produce, burn, distribute. and market fuel 

containing h oua waste. The rules and regulations promulgated by the 

board shall be a p of this code and shall have the force and effect 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 

States environmental protecti agencY and the United States department 

of transportation, for containeri tion, labeling and manifesting of hazard· 

ous wastes; 

(4) Rules and regulations sped 'ng the terms and conditions under 

permits 

which the 

as 

department 

shall be required 

shall issue, 

by this 

m ify, 

apter; 

suspend, revoke, or deny such o

(5) Lists of those wastes or combinatio ofwaste8 which are not 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 of personnel at generation sites and at 

and sites; 

(8) Release detection, prevention and correction re 

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 of SoL. 

1986. cho 148.,.."colDpiled u It 39-4400 and 

39-4408. 

39-4408. 

(1) Shall take all actions not inconsistent with this chapter as are n essary and feasible to enable the department to assume and continue prim Y 

over hazardoua waste management, pursuant to RCRA; 

(2) May conduct and publish studies of hazardous waste management in 

ous waste facilities 

General powera and duties of director. - The di ector: 

c 
•
 

391 HAZARDOUS WASTE MANAGEMENT· 39-4408

tfective management of hazerdoua wastes within this state. Such a plan 

identify those locations in the state which are not suitable for the 

esta . hment of hazardous waste treatment or disposal facilities or sites; 

(4) S I exercise all powers and discharge all duties expressed in or 

implied the other sections of this chapter. [I.C., § 39·4406, as added by 

1983, ch. 1 § 1, p. 416; am. 1993, ch. 291, § 3, p. 1082.) 

or hazardous waste•. - (ll The board shall 

establish criteria for dete "ning if any waste or combination of wastes 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, "th public notice but without the necessity 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 regulations containing the lists of n ous wastes and the set of
 

charaeteristica for identifying. hazardous waste romulgated by the United .
 

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 

hazardous waste delisting program equivalent to that set h in 40 CFR 

sections 26O.2(){b) and 260.22. The state delisting program sha provide for 

~ublic notice and opportunity for comment before granting or ying delistingrequests, [I.C., § 39-4407, as added by 1983, ch. 154, § 1, p. 6: am. 

1993, ch. 291, § 4, p. 1082.)· . 

COlll pi1er'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, use or disposal 

~f hazardous wute prohibited. - (1) No person shall treat" or store 

8Zardous waste, 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, may enter t~e environment, unless the department 

. '~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 of this 

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) The only reasonable alternative is placement in a landfill or unlined 

surface impoundment which contains or may contain hazardous waste; 

and . 

(b) Placement in the owner or operator's landfill will not present a risk of 

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, other than 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) Storage of an us wute prohibited from land disposal, unless 

such storage is solely for the p the accumulation of such quanti. 

ties of hazardous wute u are necesaary .. te proper recovery, 

treatment or 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 referred to 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 

without a permit from the department. The owner or operator of the facility 

or site rather than the builder shall be responsible for obtaining the permit. 

Permits may contain such conditions necessary to protect human health 

and environment. . 

waste treatment, 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 

program is authorized by the administrator of that 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 of e][IS . nits and lateral expansions of existing 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 real property committed to that facility or site; 

(d) Monetary . .in such form and amount as are necessary for 

effective management, intenaaee, and monitoring of the facilities and 

sites during and after ope ·on; 

(e) Evidence of financial respo . ility for corrective action on-site and 

off-site; .
 

(0 Liability insurance in such form an ount aa is neceuary to compenaate for potential damages cauaed 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; tie e_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 promulgated pursuant to it and improvements in technology. Permits issued to 

~ous waste facilities and sites by the department prior to the effective 

date of this chapter shaJl be reiuued to conform with the provisions of tm. 

chapter and the rules and regulations promulgated under this chapter. 

(5) Any permit isaued after the effective date of this provision shall require corrective action to be taken on-site and off-site for all releases of 

hazardous waste or constituents, from any solid waste management unit at 

the treatment, storage. or disposal facility seeking the permit, 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 permit isaued under this section may be revoked by the director 

Pursuant to the provisions of section 39-4413. Idaho Code, if the 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 and regulations promulgated under this section. if. in the judgment of 

the director, application of the requirements would cauae unreasonable 

hardship and the granting of 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 extended only after· 

the department provides public notice and an opportunity for public comment. 

•
 
39-4409 HEALTH AND SAFETY 394 

(8) (a) The director of the department may issue a research, development 

and demonstration permit for any hazardous waste treatment technology 

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 longer than 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 of hazardous 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 regarding testing and providing of information to the director with respect to 

the operation of the facility. 

(b) The director may apply the criteria set forth in paragraph (a) of this 

subsection in establishing the conditions of each permit without separate 

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 requirements established 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 longer than one (1) year. A permit shall not be renewed 

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 IPamended by two 1~ ac:t.l which appear to be peared in the law .. enacted. 

compatible and ha;'e been 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 of subsection t 51.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 quantities of hazardous waste. The rules and regulations shall be 

cona nt with the rules and regulations issued by the United States departm t of transportation and the United States environmental protection 

-seney. e rules and regulations shall also be consistent with the rules 

and tiona of the Idaho public utilities commission unless such consistency woul 'mpair the primacy or the etTectiveneu of the state's hazardous 

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. If mutually 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 nt program. Rules and regulations 80 promulgated 

by the board shall prev ' over conflicting rules and regulations of the 

c:ommi.'Jsion. 

• 

(2) The hazardous waste rtation rules and regulatiorui shall apply 

toall transporters of federall gulated types and quantities of hazardoWl 

waste generated either by 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 labeling of hazardous wastes; 

(b) Standards for the handling and pI ' g of hazardous 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 hazardous waste to be ahipped ,ot1' site or received from site be accompa­


nied by a manifest or similar form describing the
 

being shipped and ita destination;
 

(iii) A copy of each manifest or similar fonn 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 

necesaary to protect the public health, the public safety, or the enviro 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 pror
 
39-4411 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 added by 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. 205 are compiled 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 ateriaVHuardoua Waste Tr~

Section 4 of S.L. 1993. ch. 291 i. compiled portiltion E rcement Account which i. creas § 39-4407. ated in aection 2507. Idaho Code [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. Idaho Code. ",Ii i. enacted by 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 Crou ref. Motor Carrier Act. It 61·801 

.L. 

chasing a 

en 

39-4411. 

as ry, such rules and regulations relating to records. reporting. and 

monitorin ay be needed to achieve the purposes of this chapter. 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 required by the regulations issued pursuant section (11 

of this Section shall be unlawful. 

o 
• 397 HAZARDOUS WASrE MANAGEMENT 39-4411

o resentatives of the department, under any provisions of this 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 

state or 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 

an emergency 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 of the 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 wastes are 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· 

ties ofhaza wastes generated in this state. the types and quantities 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 

quantities of hazardous waste generated ou' this state and shipped into 

this 8tate for storage or 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. 148 an compiled aa H 39-4409 and 39......13. 

~ion 42 ofS.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 the prohibitions against unreasonable searches and seis contained in the fourth amendment to the constitution of the United 

S s and article I, section 17" of the constitution of the state of Idaho. The 

sta hall not, under the authority granted by this chapter, conduct warrantl administrative searches of private property in the absence of ei­

.ther co 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
 

are or have been nerated, transported, treated, stored, or disposed of to
 

inspect and to secu samples of such wastes. their containers, and their
 

labels;
 

(b) Enter into any airc • vehicle. vessel. rail car, trailer, van, or other
 

means of conveyance wh hazardous wastes are or have been contained
 

to inspect and to secure pIes of such wastes, their containers, and
 

their labels;
 

(c) Enter any private or pubh property, or means of conveyance, where
 

records, reports, information 0 test results relating to the generation,
 

transportation. treatment, storag or disposal of hazardous wastes exist
 o 

to inspect and copy such docume 

(3) Upon request by an authorized a ent of a property owner or facility 

operator, the department shall provide tliproperty owner or facility operator with a receipt for samples taken and a py of sample 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 of entry 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 district employee 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 

working in a representative capacity for the department m ,however, be 

made subject to additional confidentiality requirements so ng as those 

requirements do 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 court judge is authorized to issue a administrative search warrant upon a request from the director describ g 

reasonable cause for issuance of the warrant or the existence of a reaso 

able program of inspection. [l.C., § 39-4412, as added by 1983, ch. 154. § I, 

·0
 
•
 

399 HAZARDOUS wASTE MANAGEMENT 39-4413 

as § 39·~211. 110 of the 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 of any provision of this 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 may be uired within fifteen (15) days of receipt of the 

notice of violation by the rsen to whom it is directed. 

fb) Scheduling Compliance C ference. If a recipient of 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 

conference shall be held within tw ty (20) days of the date of receipt of 

notice, unless a later date is agreed n between the parties. 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 

opportunity for the recipient of a notice of lation to explain the circumstances 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 of the 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. If the 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 conference pursuant to subsection IAl(ll(bl of this section. 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 of God 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. The director shall commence a permit suspension 

or revocati action by giving a permitted party a written notice of intent 

to suspend 0 evoke. The notice shall inform the permitted party of facts 

or conduct wh h warrant suspension or revocation of the permit. The 

notice. hearing. d record requirements for 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
 

the director's action under s bsection (A)(2)(b) of this section. the direc­


tor shall promptly conduct a earing open to the public. The contested
 

case provisions of the Idaho a inistrative procedure act shall 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 district court the
 o 

issuance of an order in the nature of subpoena compelling the atten­


dance and testimony of witnesses 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 

any provision ofthia chapter or with any rule. regulation. permit or ord 

promulgated hereunder. and for any relief or 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 of the county where a civil enforcement action may 

(B) CTIONS AGAINST GUARANTORS. II the owner or operator is in 

bankru • reorganization or other arrangement pursuant to the federal 

bankrup code. or where jurisdiction cannot be obtained over an owner or 

operator li ly to be solvent at the time of judgment, an action may be 

brought di ly against a guarantor of financial responaibility by the state 

or any irijured arty for any claim arising from conduct for which guarant.. of financial ponsibility have been made. The guarantor may 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 proceeding may 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 after the director had knowledge or ought 

reasonably to have had know e of the violation. (I.C.• t 39-4413. as 

added by 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 ia compiled 

CIlde ",ferred to in lubeecUon (8) of uu. Me­ t 39-4409. 

tiOll ia compiled 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. - The remedies spec' in this section are cumulative 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 uaed for the purpose of compl g with the provisiona of this chapter shall be liable for a civil penalty ot to exceed ten 

thousand dollars ($10,000) for each separate violation or r each day of a 

continuing violation. 

~) Anypenon who violates this chapter or any permit. 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's costsfor any nonroutine investigations, 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 of the case, an 11 other reasonable costs of trial preparation and trial of the case; ,
 

(h) The imposition or computatio of costs may take into account the o 

seriousness of the violation and good ith efforts to comply with the law. 

(3) RESTRAINING ORDERS, INJU TIONS AND OTHER RELIEF.
 

(al Any person who violates any provisi of this chapter or any permit,
 

standard, regulation, condition, requirern t, compliance agreement. or
 

order issued or promulgated pursuant to thi hapter shall be subject 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
 

the environment, the department need not allege 0 rove at any stage of
 

the proceeding that long term irreparable damage I occur should the
 

injunction or order not be issued or that the remedy 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 of this
 

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 of this 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. 

o ntained or used. for the purpose of complying with the provisions of this 

clul ter shall be guilty of a misdemeanor and subject to a fine of not more 

than n thousand dollars ($10,OOO) or to imprisonment not to exceed one 

(1) y 0 or to both, for each separate violation or for each day of a continuing viola 0 on. 

(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 

be guilty of 08 .sdemeanor and subject to a fine of not more than ten 

thousand dollars ( 0,000) or to imprisonment not to exceed one (1) year, or 

toboth, for each sep ate violation or for each day of a continuing violation. 

(3) An action may commenced and prosecuted by the attorney general. The director shallot be required to initiate or prosecute an administrative or civil action befi e the attorney general may commence and prose­ 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 If against any person alleged to 

have committed 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 if injunctive 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. if the 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 court may award costs of litigation. including reasonable 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 be required 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 are compiled .. §§ 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 of departmental 

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 may promulga regulations for the withdrawal and use of 

funds from the account as speer ed in subsection (3) of this section. 

ated 

(5) 

to 

All 

the 

moneys 

department 

placed 

for 

in 

the 

the 

p s 

ae unt 

described 

are hereby 

in 

perpetually 

subsection (3) of 

approprithis o

section. All expenditures from the ac unt shall be paid 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) There is hereby created. an account in the ded ated fund 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 of hazardous 

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 be caused by hazardous waste emergencies or spills, 

imprope packaged or handled hazardous waste or the alleviation of 

damages the people and environment of the 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 

has given ninety (90) days' notice to t board of county 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. Intentate cooperation. - The 'rector shall have the power 

and the duty to encourage cooperative activiti between the department 

and other states for the improved management 0 azardous wastes. and so 

far as is practical. to provide for uniform state re lations and for interstate agreements relating to hazardous waste manag ent. The state may 

enter into such agreements with other states to 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 because 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 violates the provisions of subsectio (1) 

d~~~S sectIon shall be liable for damages, costs and attorneys' fees. 

a h Itton to any other liability for relief authorized by this chapter. by an 

~~~er statute. or by the common law. [I.C.. §39-4420. as added by 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, seepage or other, release, shall be subject 

to civil liabiliti or penalties of any type. 

(2) The immuniti provided in subsection (1) of this 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 other release and 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. 

- The provisions of this ad hereby declared 

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 of this o 

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

Compiler. aoee.. For worda "thia act" _ 

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) of this section. if. in the judgment of the 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 of managing hazardous 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 

toxicity of the waste or su s the likelihood of migration of 

hazardous constituents 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 meets the requirements of this chapter. 23. as 

Compiler'. note•. Section 1 of S.L. 1986. 

eh, 32. IS complied as § 39....03. 

39-4424.. Disposal of manifested 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 of S.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, and located in Idaho where disposal of hazardous was occurs for the 'purpose of assuring the protection of the health 

and safety 0 . he public by monitoring the receipt and handling of hazardous Wastes wh have been transported by common carrier. 

(2) The employ ofthe department of health and welfare designated in 

SUbsection (1) of this ion shall be agents of the Idaho transportation 

department and the pub utilities commission for the purpose of collecting 

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 paid by transPOrters to the public utilities commi 'on, the Idaho transportation department or a county assessor in this state d for issuing permits pursuant to 

section 49·22202 (49.22021. Idaho Code. Al oneys collected by the department's employees as agents of the Idaho trans tion department and the 

public utilities 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 

(~) of this 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, and violat to any 

ru.les and regulations issued pursuant to any of the aforemention code 

• 

sections. 

All actions brought for violations of the provisions of this chapter or rul 

an . 
39-4427 HEALTH AND SAFETY 408 

o

title 61. Idaho Code, or of title 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 of every 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 of the state of Idaho.
 

section 

Any waste 

must be 

for 

noted 

which 

as 

the 

fee-waived 

fees are 

w on 

waived 

the 

under 

return 

the 

required 

provisions 

in section
 

of this
 o

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 operator of su hazardous waste
 

facility or site and remittance shall be made to the I 0 department of
 

health and welfare on or before the fifteenth day of the mon next succeed­


ing the end of the monthly period in which the fee aecru . The owner.
 

operator or designated employee or agent of the hazardous w 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 accurate recorda. including itemized invoices 

and m ifests for federally regulated types and quantities of hazardous 

waste ulti ately disposed of at a hazardous waste facility or site in Idaho. 

All hooka. uments and papers. computer tapes. discs. and other recorda 

required to ept by this section shall be preserved for a period of at least 

five (5)yean the date of the recorda or the date of the entries appearing in the reco unless the department in writing, authorized their destruction or dispo at an earlier date. For purposes of this act, at any time 

during usual busine hours, the department or duly authorized agents or 

employees. may enter y place of business of the 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 determine whether 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 

or interfered with in making the exarm ation of a hazardous waste facility 

or site, that hindrance or interference sH II constitute grounds for suspension or revocation of the facility or site' permit by the director of the 

department of health 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. water shoul ot be conaidered 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 

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

same extent to 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 enforcement procedures available to the Idaho state tax commission provi 

by the Idaho income tax act. sections 63·3030A. 63-3038. 63·3039. 63-3 

63-3042 through 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 

aste disposal fee and for the assessment and collection of any amounts due 

t . reunder. Said sections shall, for the aforementioned purposes, be considpart 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 refund or to 

recover an ove yrnent, but only the state of Idaho shall be responsible for 

any final judgme t secured against the department of health and welfare 

and said judgmen 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 

than quarterly as follows: ninety-five percent (95%) s II be remitted to the 

hazardous waste training. emergency and monitorin account created in 

section 39-4417B. Idaho Code. and the remaining five pe ent (5%) shall be 

remitted to the county treasurer of the 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 be caused 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:tion i. 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 Under the Supervision of the 

Idaho Code Commission 

..... . PHILLIP M. BARBER . .... 

. M. ALLYNDINGEL;JR. . NEIL D. McFEELEY 

COMMISSIONERS 

MAXM. SHEILS; JR. 

EXECUTIVE SECRETARY 

. .. .-

VOLUME 7A 

For your convenience in reporting any errors in these 

supplements or suggested improvements or additions you 

will find postpaid cards. in the back ofthe 1996 ReplacementIndexVolumes.' 

-, .-:" "_t 

MICHIE 

Law Publishers 

.~ . ":"'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 

I o

J 
120 

• 

39-4203 HEALTH !\ND SAFETY 

reational Vehicles; or 

(2) An \V park trailer that is not manufactured in 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 Recreational Vehicles or park trailers which meets the I A1l9.5 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 or park trailers. [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 chapter is 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 of health 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 of health 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 water so 

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 of ownership, 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 

(8) "Hazardous waste" means a waste or combination of wastes of a solid, C]

liquid, semisolid, or contained gaseous form which, because of its quantity, 

concentration or characteristics (physical, chemical or biological) may: 

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

increase in serious, irreversible or incapacitating reversible illnesses; or
 

(b) Pose a substantial threat to human health. or to the environment if
 

improperly treated, stored, disposed of, or managed. 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, or solid or dissolved materials in irrigation return flows
 

or t industrial 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, or by-product material as defined by the Atomic
 

Energy Act 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 of hazardous 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, composious 

tion, 

waste 

origin, 

during 

routing, 

any 

waste 

transportation 

identification 

from 

coders), 

the point 

and destination 

of generation 

of hazardto the o

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 of the federal uniform hazardous waste manifest or by other 

manifest requirements designed to assure proper treatment, storage and 

disposal of such 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 Recovery Act 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 of hazardous 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 of a production 

process, but which is rather designed to change the physical, chemical, or 

biological character or composition of any hazardous waste prior to storage 

or final disposal so as toneutralize such waste or so as to render such 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 added by 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.] 

• 

Corn pifer-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 of approved 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. . 
123 '	 IlAZAIlDOUS WASTE MANAGEl\IENT 39-4411 o

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 of information by 

the department to any officer, employee, uthorized representative ofthe 

state or the United States, as necessary to ca out the provisions of this 

chapter or the provisions of RCRA. 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 of the 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 of each 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
 

(d) 

end of 

Whether 

the reporting 

such wastes 

period;
 

are destined for disposal or treatment in this o

'state	 or whether such wastes are destined for disposal or treatment
 

outside this state.
 

(5) Effective January 1, 1996, the operator of each commercial hazardous 

waste disposal facility or site in the state shall, no later than thirty (30) days 

after the end of each 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 of wastes 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 of such 

wastes shipped for trea nt and disposal by landfilling or other means of 

disposal, the types and quanti I such wastes remaining in storage at the 

end of the most recent reporting pen nd 'the. types and quantities of 

hazardous waste generated 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 of departmental 

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 of a 

hazardous ste emergency to pay the necessary costs of preventing, 

neutralizing, 0 mitigating any threat to the public health or safety, or to the 

environment ca ed by that emergency. 

(4) The board y promulgate regulations for the withdrawal and use of 

funds from the acco t as specified in subsection (3) of this section. 

(5) All moneys plac d in the account are hereby perpetually appropriated 

.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 

become effective on and after the first Monday 

in January, 1995 [January 2, 1995] if the 

amendment to the Constitution of Idaho 

changing the name of the state auditor to 

state controller [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 became effective 

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 

and afte the first Monday of January, 1995, if 

the state oard of canvassers has certified 

that an arne dment to the Constitution of the 

State of Idah has been adopted at the general election of 94 to change the name of the 

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) Hazardous wastes as defined by RCRAor section 39-4407, daho Code: 

thirtydollars (~30.00) per gate ton or fraction thereof dispose 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) per gate ton or fraction thereof disposed of at 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) sf this sHbsee 

tion: five dollars ($5.00) per gate ton or fraction thereof. 

) The fees set forth in subsection (1) ofthis section shall notapply to any 

of t following types of wastes: 

(a) astes generated or disposed of by a public agency or other person'
 

.opera ing a household hazardous waste collection program;
 

(b) .Wa tes generated or disposed of by any agency of the 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 thereof for 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.] , 

eh. 419 is 

Compiler's 

compiled 

notes. 

as § 

Section 

39-4403. 

1 of S.L. 1994,. o

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 PLANNING ACT 

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 'of services or the introduction of new categories of services t at
 

are not necessary-to their health. It is further the intent of the 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 BY AUTHORITY 0 .. 

LAWS 1947.CHAPI'ER 224 

REPUBLISHED BY AUTHORITY 0' 

LAWS 1949.CHAPTER 167 AS AMENDED 

• Compiled Under the Supervision of the 

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 .

nc. BlICHDI CoMPAHT ­ o

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.] 

Co note~. This section was for- __.__~8 of S.L. 1990. ch. 326 is compiled JJ1piler'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 health departments. 

39.5811. Expansion. enlargement or alter­ 39-5820. Remedy for devaluation of property 

ation of treatment. 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. This chapter is referred to 

39-5802. Legislative intent. - (1) The legislature of the state of Idaho 

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 matter of statewide concern, and the provisions of this 

chapter are therefore enacted to provide an effective method of establishing 

such sites.. 

• 

12) It is the intent of the legislature of the state of Idaho that generators 

of hazardous waste be encouraged to use on-site and off-site alternative 
G
 

39-5803 HEALTH AND SAFETY 456 

treatment methods to reduce the amount of hazardous 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 

waste that must be buried are available. For such purpose, the provisions of 

this chapter are enacted to allow the 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 of Idaho may be responsible for the perpetual care of hazardous 

waste land disposal 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 

duplicate the existing hazardous waste management act permitting proceSll 

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" means the site review panel created in 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, storage or 

disposal facililty which has received a permit or has interim status under 

title II of the 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) "Hazardous waste management" 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 of property are at a crossroads intersection and 

o
 .
 

+ 

, 

, 

I 
•
 

457 HAZARDOUS WASTE FACIUTY SITING 39-5805

access is by crossing rather than going along the right-of-way. Noncontiguous pieces of property 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" means the person responsible for the overall operation of 

a disposal, treatment or storage facility with approval of the director either 

by contract or permit. . 

(13) "Person" is defined in section 39-4403, Idaho Code. 

(14) "Plan" means the state hazardous waste management plan 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 and the committee in the conduct of their duties under the provisions 

~fthis apter and under the provisions of chapter 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 of the 

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 of the Idaho transportation department or his designee 

, ill One' ) representative of the mining industry 

I) One (1 representative of the forest products industry; and 

t pl 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 of the 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 committee by 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 of receiving 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 

water resources and the transportation 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. State hazardous waste siting management 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 of generators, 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 evaluation of the sources of hazardous 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) A projection determination of future hazardous waste management 

needs based on an valuation of existing capacities. treatment or disposal 

capabilities. manufa turing activity, limitations and constraints. Projection of needs shall co ider the types and sizes of hazardous 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 analysis of alte 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 

announcing the availability of the plan for inspectio by interested persons. 

The announcement shall 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, adopt or 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 

[;wjecti 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, enlarge or alter a commercial hazardous waste disposal, treatment Or 

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 

of the facility or site rather than the builder shall be responsible for obtain. 

ing the license. Facilities exempted from permitting under the provisions of 

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 permits under the provisions of chapter 44, 

, 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 of the 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 of treatment, 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 should be 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 treatment or storage facilities not in 

existen prior to July 1, 1985; 

(c) Any -site disposal of wastes listed pursuant to section 20Hd)(2) and 

(e) as modi ed by section 209 of "The Hazardous and 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. 

A panel shall cons t of ten (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 of this 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 of this state sh II be appointed by each of the 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 of the state may serve beyond the 

expiration of the member's two (2) yea period of service for so long a 

period of time as is necessary to complete ction on siting license 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 on jhe 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 serve on sireview panels 

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 serve on 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, at least one (1) of whom sh 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 waste treatment, storage. or disposal facility is proposed to be located
 

an hall be appointed by the board of commissioners of the county. The
 

memo serving pursuant to this subsection shall serve until the partie.
 

ular siti license application subject to their review is approved, or until
 

the applica 'on is rejected and is no longer subject to their review.
 

(4) The memo appointed as the representative of the state from the 

department shall b hairman of each 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 of the panel except when the chairman's 

vote is necessary to break a tie ote. 

(5) Six (6) of the ten (10) members the panel shall constitute a quorum 

for the transaction of business of the p el and the concurrence of six (6) 

members of the panel shall constitute a Ie I action of the panel. All meet. 

ings of the panel shall be conducted pursua to the state open meeting 

law. 

(6) The director shall make staff available to a ist a panel in carrying 

out its responsibilities. 

(7) Members of the panel who are not state employees all be entitled to 

receive compensation as provided in section 59-509<b), I 0 Code. [I.C., 

207.] 

§ 39-5812. as added by 1985. ch. 113. 

. 

§ 1. p. 220; am. 1987, c . 103, § 2, p. 

o

Compiler's notes, The Hazardous and § 6901 et seq. Section 1 ofS.L. 1987. c 

Solid Waste Amendments of 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 showing that 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 

o
 
• 

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 of the 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, air or 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 representatives of the state to the panel and the 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 
o
 

39-5814 HEALTH AND SAFETY 464 

'" . 

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 after a complete application is received. lithe technical crite. 

ria are ot met, the director shall deny the license and the panel shall be ' 

disband If the technical criteria are met, the director shall submit to the. 

panel a dra sitelicense which includes conditions regarding the technical 

criteria to b met. These conditions may be more stringent than those in 

the plan 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 of the 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) Within ten (10) days a er submittal of a draft license, the panel shall 

meet to review and establish timetable for the consideration of the draft 

site license. . 

(6) The panel shall: o 

(a) Set a date and arrange for pu .lication of notice of a public hearing in
 

a newspaper having major circular n in the vicinity of the 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, and the location where th 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) Publish the notice not less than thirty (30) da
 

public hearing and the notice 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 

public hearing, and shall continue to be accepted in writing b the panel 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 disposal facility is to be located in te 

(8) The panel shall consider, among other things: 

Idaho Code.' 

the proposed hazardous aste treatment, 

o
 
•
 

•" 

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 of the facility. The panel may 

propose con ·tion.s which in~egrate the provisions of the city or county 

ordinances, pe its or requirements. "" 

(l0> Within m ety (90) days after creation, the panel 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 of the 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 aggrieved by a decision of the director pursuant to this apter may 

within twenty-eight (28) days, after all remedies have been exh sted under the provisions of this chapter, seek judicial review under the pr 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 are compiled as §t 39-4909 

and 4 J 242, ..·pec::tj"ely 

•
 
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 of proposed 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 the con. 

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 integrate the provisions of . chapter 

for purposes of administration and enforcement with appropriate st . 

provided in su s is section, information obtained by the department under the provisions of t 1S be deemed to be a 

(2) A person regulated under the provisions of this chapter may desig­ o 

nate a record, site license application, other information, or a portion ofa
 

record, site license application, or other information furnished to or ob­


tained by the department or its agents, as being only for the use of the
 

department and the panel, The material shall 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 take effectJuly 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 extent consistent with obtaining and maintain' 

ing authorization of the sta ' azardous waste management program pursuant .to section 3006 of title II of t lid waste disposal act. Certification 

procedures shall be established by the depa nt by rule (rules] and regu' 

lations. The director may rescind certification upo request of the certl· 

fied city, county,' or health district, or after reasonable no . nd hearing. 

if the director finds that a city, county, or health district is not a . ister' 

o
 
• HAZARDOUS, WASTE FACILITY SITING' 39-5820 

Co piler's

'rules was 

notes. The bracketed word 

inserted by the compiler, 

39.58 . Remedy for devaluation of property caused 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 competent jurisdiction 

against the owner. f the proposed facility. If the court determines that the 

planned constructro and operation of the 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 owners or 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 seeking damages that result from a subsequent mo ification of the 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 of assessing damages, th value of the rights affected 

isfixed at the date the siting license is approved d the actual value of the 

right at that date is the basis for the determinatio of the amount of damage 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 operator of a proposed facility may, at ny time before 

anaward of damages, abandon the construction or operatio of the facility 

orany modification and cause the action to be dismissed. As condition of 

dismissal, however, the owner or operator shall compensate the aintiff for 

any actual damage sustained as a result of construction or opera' n of the 

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 waste treatment, 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, 

•