IDAHO CODE 

CONTAINING THE 

GENERAL LAWS OF IDAHO 

ANNOTATED 

ORIGINALLY PUBLISHED BY AUTHORITY OF 

LAWS 1947, CHAPTER 224 

REPUBLISHED BY AUTHORITY OF 

LAWS 1949, CHAPTER 167 AS AMENDED 

I. 	 ( Compiled Under the Supervision of the 

Idaho Code Commission 

~ R. DANIEL BOWEN 


THOMAS A. MILLER RICHARD F. GOODSON 


COMMISSIONERS 


MAX M. SHEILS, JR. 

EXECUTrvESECRETARY 

TITLES 39 (44-83), 40 

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Since the pubJication in 1998 of Replacement Titles 39 (44-83), 40 many 

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Opinions ofAttorney General, 2001·3 

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iii 
39-5801 HEALTH AND SAFETY 	 86 

CHAPTER 58 


HAZARDOUS WASTE FACILITY SITING 


SECTION. 

39.6801. Short title. 

39-5802. LePIative intent. 

39-5803. Definition •. 

39-580.. Methods of hazardous waste man­ areD1ent. . 

39-5805. State hazardous waste manar. mentplanninr committee ­ Creation - Memben. 

39-5806. State hazardoUi Waite liting man~ 

apment plan - Preparation· - InCluaione ..... Studiel -. PubJic bearinp - Summary 

- Amendment. - Recommendation•. 

39.5807. AmendD1ent or rejection of plan. 

39-5808. Sitin,lieenee required. 

39-5809. Permite and licanl" - Iuuance 

prior to adoption of plan. 

39·6810. Licenlel - Illuance after adoption 

of plan. 

39.5811. Expaneion. enlargement or alter· 

ation of treatment. atorage. or 

as the "State aste Facility Siting Act.It [I.C., § S9~5801, as 

added by 1985, ch.. 113, § I, p. 

Sec. to He. rei. Tbie 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 ofstatewide concern. and the provisions ofthis 

chapter are therefore enacted to provide an effective method of establishing 

such sites. 

(2) It is the intent ofthe legislature of the state ofIdaho that generators 

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

treatment methods to reduce the amount of hazardous waste that muSt be 

discharged into the environment and to reduce associated hazards to the 

health and welfare of the citizens of this state. A1temative management 

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 on land. Whereas 

the state of Idaho may be responsible for the perpetual care of hazardous 

waste land disposal facilities, alternative technologies such as incineration, 

SECTION. 

disposal faciJity - Review ­ Siting licene ... 39-5812. Site 	review panele - Memben. 

chairman. quorum, meatinp. stafF.. " 

39-5813. Sitin,licenae application - Fee - Rul.. ud reJUlationa. 

39-5814. Dutiea of director upon receipt of a 

sitina' Iicen.. application ­ Recommendation. 

39-5815. (Repealed.] 

39-5816. Local reatrictiona on haardoua 

Waite treatment, Itor.... or disposal facility eonatruction. 

39-5817. Coordination and intasration with 

state and federal Jaw. 

39-6818. Information obt.aiDed - PubJic 

record. 

39-6819. Certitlcation of etty. county, or dia· 

trict health departmente. 

39·5820. Remedy for devaluation ofproperty 

cauaed by approved facility. I 

( " 

U 
87 HAZARDOUS WASTE FACILITY SITING 39-5803 

resource recovery, or physical, chemical or biological degradation should be 

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 process 

as set forth in section 39-4409, Idaho Code. The site license is a preliminary, 

general review which is not based on the type ofspecific, detailed technical 

information required for the hazardous waste management act permit. [I.e., 

I 39-5802, as added by 1985, ch. 113, § 1. p. 220; am. 1987, ch. 103, § I, p. 

207.} 

Compiler's Dotes. Secti9n 2 oC S.L. 1987, 


ch. 103 is compiled as § 39.5812. 


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 environmental quality. 

(4) "Designated facility" means a hazardous waste treatment, storage or 

disposal facility 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 n of the solid waste disposal act (42 

U.S.C.A. section 3006). 

(5) "Director" means the director of the department of environmental 

quality. 

(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. 

(10) "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 ifthe entrance and 

exit between the pieces of property are at a crossroads intersection and 

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 right-of-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 ofsection 39-5806, Idaho Code. 

\ (15) "Storage" is defined in section 39-4403, Idaho Code. 

L 
39:5804 88

(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.e., § 39-5803, as 

added by 1985, ch. 113. § 1, p. 220; am. 2001, ch. 103, § 50, p. 253.] 

Compiler'. Dote.. The reference in subdj· Sections 49 and 51 ofS.L. 2001, ch. 103 are vision (1) to the review panel created "in compiled' as If 39·4431 and 39-5805, respecsection 39-5811~ appears to refer to the panel tively. 

created in § 39-5812.. 

m t and the committee in the conduct of their duties under the provisions 

of chapter and under the provisions of chapter 44, title 39, Idaho Code, 

shall ist in encouraging, developing and implementing methods of 

hazardou waste management which are environmentally sound, which 

m8X1mlze utilization of valuable resources and which encourage resource conserv ion including source separation and waste reduction. [I.C., 

§ 39·5804, as a d by 1985, ch. 113, § 1, p. 220.] 

89·5805. State b ardoue waste management planning commit.. 

tee - Creation - Me era. - (1) The state hazardous waste management planning committee hereby created in the department. The committee shall represent diverse eographical areas oithe state. No later than 

September 1, 1985, the gavema hall. subject to the advice and consent of 

the senate, appoint seventeen (17 embers to the committee consisting of 

the following representatives: 

(a) One (1) representative of city go'u'IoW'~"" 

(b) One (1) representative of county go mment; 

(c) One (1) hazardous waste transporter; 

(d) One (1) hazardous waste generator; 

(e) One (1) hazardous waste treatment, e, or disposal facility 

operator; 


(0 One (1) member of an environmental group; 


(g) One (1) member of a conservation group; 

(h) Two (2) members of the general public; 

(i) The director of the department or his designee; 

(j) The director of the department of water resources or his 

(k) One (1) licensed professional engineer; 

(l) A f$culty member ofa university or college in this state well ve 

geology. hydrology or other environmental matters; 

(m) The director of the Idaho transportation department or his designe , 

(n) One (1) representative of the mining industry; 
man er as the original appointment. 

l( 

~. 89 HAZARDOUS WASTE FACILITY SITING 39·5806 

A vacancy oCCllrring on the committee shall be filled in the same 

(3) e chairman of the committee shall be elected by the members ofthe 

commit and the chairman shall be a voting member of the committee. 

(4) Me bers of the committee who are no~ state employees shall be 

entitled to eceive compensation as provided in section 59-509(b), Idaho 

Code; 

(5) The com ittee by majority vote shall establish operating procedures . 

. The operating p edures shall be made available for public review. 

(6) In the cond ofits business, the committee shall solicit the advice of, 

and consult periodi ly with cities, counties and persons within the state 

for the purpose ofrec 'ving information or advice that may be helpful in the 

preparation of the pIa 

(7) Employees ofthe 

. 

artment ofenvironmental quality, department of 

water resources and the ansportation department shall assist the committee on a priority basis. 

(8) The committee shaH di band after final approval of the plan by the 

legislature. 

(9) Upon petition to the direct and the director's recommendation to the 

L 

" ( governor, the governor shall appoi a committee :in the same manner as the 

original committee to amend or re e the plan. 

(10) The committee shall hold its rst meeting as soon as practicable 

after confirmation by the senate. [l.e., 39-5805, as added by 1985, ch. 113, 

§ 1, p. 220; am. 2001, ch. 103. § 51. p. 

Compiler'. Dote•. Section 50 ofS.L. 2001, 


ch. 103 is compiled as § 39-5803. 


39·5806. State hazardous waste sitingm nagement plan - Preparation - Inclusions - Studies - Public h "DgS - Summary ­

Amendments - Recommendation. - (1) Not ater than January 1, 

1987, the committee shall prepare a state hazardous aste siting management plan. 

(2) The plan shall: . 

(a) Provide for a reasonable geOgraphic distribution 0 azardous waste 

treatment, storage, or disposal facilities to meet existin and probable 

future needs. 

(b) Be based upon location of generators, health and safety, conomies of 

transporting, types of waste and existing hazardous waste eatment, 

storage, or disposal facilities. 

(e) Include necessary legislative. administrative and economic 


nisms. a timetable to carry out the plan. 


(3) The committee may instruct the department ofenvironmental qu "ty, 

the department of water resources and the transportation department 

complete studies as considered reasonably necessary for the completion . . 

3.]' 
/ 

39-5807 .. HEALTHAND SAFETY. SJ 

neration within this state or from other states, including the types and 


qu tities of the hazardous waste. 


(b) inventory and evaluation of current hazardous waste management 


praeti es and coste, including treatment and disposal. within this state. 


(c) A p 'eetion or determination of future hazardous waste management 


needs ba on an evaluation ofexisting capacities, treatment or disposal 


capabilitie manufacturing activity, limitations and constraints. Projecshall consider the types and sizes of hazardous waste 


age, .or disposal facilities. general locations within the 


nt control systems, and an identified need for additional 


privately owned state owned treatment, storage, or disposal facilities . 


.(d) An investigatio and analysis ofmethods and incentives to encourage 


interstate and intern tional cooperation in the management ofhazardous 


waste. 


(e) An investigation an analysis of methods. incentives or technologies 


for source reduction, reus recycling, or recovery ofpotentially hazardous 


waste and a strategy for couraging the utilization or reduction of 


hazardous waste. 


(1) An investigation and analy . s of alternate methods for treatment and 


disposal ofhazardous waste .. ( 


(4) Upon completion of the plan. e committee shall publish a notice [" 

after giving twenty (20) days' notice provided in section 60-109, Idaho 

Code, in a number of newspapers and s all issue a statewide news release :.J 

announcing the availability of the plan it inspection by interested persons. 

The announcement shall indicate where how the plan may be obtained 

or reviewed and shall indicate that not less an three (3) public hearings 

shall be conducted at varying lOcations in the te before formal adoption. 

The first public hearing shall not be held until s y (60) days have elapsed 

from the date of the notice announcing the avail 'lity of the plan. 

(5) After public hearings, the committee shall epare a written summary of the comments received, provide comments the major concerns 

raised, make amendments to the plan as necessary an hall fonnally adopt 

the plan, and shall submit the plan to the legislature the first regular 

session of the legislature following adoption of the plan. [I. " § 39-5806, as 

added by 1985, ch. 113, § 1, p, 220; am. 2001, ch. 103, § 5 

Compiler'. Dotea. Section 53 ofS.L. 2001, 

th. 103 ia compiled as § 39-5812. 

39-5807. Amendment or rejection of plan. - The legislat e shall 

amend, adopt or reject the plan by passage of a concurrent resolution t the 

regular legislative session when it receives the plan. If the legisl ure 

amends or rejects the plan, it shan indicate its reasons for amendmen or 

rejection by passage of a concurrent resolution and return the plan to t 

, . 

tion of n 

state. manag 

p. 253.] 
91 HAZARDOUS WASTE FACIUTY SITING 

39·5808. Siting license required. - No person shall construct, expand, 'enlarge or alter a commercial hazardous waste disposal, treatment or 

storage facility or anyon-site land disposal facility for wastes listed 

pursuant to section 201(d)(2) and (e), as modified by section 209 of "The 

Hazardous and Solid Waste Amendments of 1984," as enacted by the U.S. 

congress, without a siting license from the department. The owner or 

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

obtaining the license. Facilities exempted from permitting under the provisions of section 39-4409, Idaho Code, shall not require a license un!ier the 

provisions of this chapter. [I.C., § 39-5808, as added by 1985, ch. 113, § I, 

p.220.] 

( 

\., 

- The director may issue permits under the provisions ofchapter 44, 

title daho Code, or licenses pursuant to this chapter, for existing or 

proposed ardous waste treatment, storage or disposal facilities and other 

authorized 0 tions before the adoption of the plan by the committee. 

[I.e., § 39-5809. a dded by 1985, ch. 113. § 1. p. 220.1 

39·5810. Licenses - suance after adoption of plan. - After the 

plan has been adopted by committee, the director shall Dot issue a 

license under the provisions of t . chapter for a hazardous waste treatment, storage or disposal facility un e director has made a determination that the action is consistent wi be adopted hazardous waste 

management plan. The director may exemp asses or categories of hazardous waste treatment, storage or disposal faa . s from complying with 

the hazardous waste management plan if the exem .on is in the public 

interest and consistent with state and federal law. If th 'rector exempts 

classes or categories of hazardous waste treatment, stora or disposal 

facilities from complying with the hazardous waste management , rules 

and regulations shall be promulgated in compliance with chapter title 

67, Idaho Code, specifically indicating the exemption. [I.C., § 39-5810, 

.. 

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 oCthis 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 

meetings, s A site review panel shall be established to insure 

public input in the licensm and to recommend to the director 

conditions which should be included in e . ense. Such conditions 

may include measures to mitigate public concerns for t t es of 
.. ,--­

39·5812 HEALTH AND SAFETY 92 . 

p .01" to July 1, 1985; 

(b) I commercial hazardous waste treatment or storage facilities not in 


exist ce prior to July 1, 1985; 


(c) on-site disposal of wastes listed pursuant to section 201(d) (2) and 


(e) as odified by section 209 of ''The Hazardous and Solid Waste 


Amendm ts of 1984," as enacted by the U.S. congress, for sites not in 


existence p '01" to July I, 1985; 


(d) Any si cant expansion of the above-listed facilities after July I, 


1985. 


A panel shall co sist often (10) members to be appointed as provided in 


sub"ections (2) and ) of this section. 

(2) The following s (6) members shall serve on every panel established 

to review a siting licen application: 

(a) Three (3) mem hall be representatives of this state, one (1) each 

from the department 0 nvironmental quality, the department of water 

resources and the Idaho ansportation department. A member who is a 

representative of this state I be appointed by each of the directors of 

the respective departments d a vacancy shall be filled as necessary by 

the appropriate director. A me her who is a representative of the state 

shall be appointed to serve on review panels for a period of two (2) 

years and may be appointed fo additional two (2) year periodS. In 

addition. a member who is a repres tative of the state may serve beyond 

the expiration of the member's two ( year period of service for so long a 

period of time as is necessary to c plete action on siting license 

applications pending at the expiration 9 the member's term. 

(b) Three (3) members shall be public me ers appointed by the governor 

with the advice and consent of the senate. e (1) public member shall be 

a geologist or hydrologist, one (1) an engineer, nd one (1) a representative 

of industries which generate hazardous wast One (1) public member 

shall be on the faculty of an institution of highe education in this state. 

A vacancy shall be filled for the unexpired porii . of the period in the 

same manner as the original appointment. A me 1" who is a public 

member shall be appointed to serve on site review pels for a period of 

three (3) years arid may be appointed for additional thr (3) year periods. 

(3) The following four (4) members shall serve on a anel which is 

established to consider a particular siting license applicatio : 

(a) '!\vo (2) members shall be appointed by the city coun . of the city 

located closest to or in which the hazardous waste treatment; torage, or 

disposal facility is proposed to be located, at least one (1) ofwho shall be 

a resident of the city. The members serving pursuant to this su section 

shall serve until the particular siting license application subject t their 

review is approved, or until the application is rejected and is no 1 ger 

subject to their review. 

(b) '!\vo (2) members shall be residents of the county where the hazardo 

waste treatment, storage. or disposal facility is proposed to be located an 
93 HAZARDOUS WASTE FACILITY SITING 39-5813 

icular siting license application subject to their review is approved. or 

un . the application is rejected and is no longer subject to their review. 

(4) member appointed as the representative of the state from the 

departmen all be chairman ofeach panel and shall notify the city council 

of thfit nearest' and the board of county commissioners of a siting license 

application filed . the department, and shall instruct the city and county 

to appoint the necees representatives to a panel. The chairman shall be 

a nonvoting member 0 e panel except when the chairman's vote is 

necessary to break a tie vo 

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

for the transaction of business 0 e panel and the concurrence of six (6) 

members of the panel shall consti a 1egal action of the panel. All 

meetings ofthe panel shall be conducted uant to the state op.en meeting . 

law. 

(6) The director shaH make staff available 

out ita responsibilities. ' 

(7) Members ofthe panel who are not state employ .shall be entitled to 

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

§ 39-5812, as added by 1985, ch. 113, § 1, p. 220; am. 1987,2,p. 

207; am. 2001, ch. 103, § 53, p. 253.) 

Compfler'. note.. The Hazardous and Sections 52 and 54 ofS.L. 2001, ch. 3 are 

Solid Waste Amendments of 1984, referred to compiled as If 39-5806 and 39-6203, re in .ubdivision (l)(c), are compiled as 42 tively. 

U.S.C. § 6901 et seq. 

Section 1 of S.L. 1987, ch. 103 is compiled 

39·5813. Siting license application - Fee - Rules and regula. 

tiona. - (1) An application for a siting license shall include: 

(a) The name and residence of the applicant; 

(b) .The ]ocation of the proposed hazardous waste treatment. storage, or 

disposal facility; 

(c) Engineering or hydrogeologic inforination to indicate compliance with 

technicaJ 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; 

(e) Information showing that harm to scenic, historic, cultural or recreationaJ values is not substantial or ean be mitigated; 

(f) 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 deveJopment or can be mitigated. . . 

shall determine whether 1 
39:..5814 HEALTH AND SAFETY·· 94 

'rector shall establish by rule, the scale for determining the siting license 

a lication fee. The fee shall not exceed seven thousand five hundred dollars 

($7, 00) and shaU be based on the cost to the department ofreviewing the 

sitin license application. The scale shall be based on characteristics 

includi the site size, projected waste volume, and hydrogeological characteristi surrounding the site. Fees received pursuant to this section may 

be expen by the director to pay the actual. reasonable and necessary 

costs iDcurr by the department in acting upon a siting license application. 

The director ay promulgate rules and regulations in compliance with 

chapter 62, titI 67, Idaho Code. in order to implement and administer the 

provisions of this tion. [I.C., t 39·5813, a.dded by 1985, ch. 113, § I, p. 

220; am. 1987, ch. 03, § 3. p. 207.] 

39-15814. Duties 0 director upon receipt or a siting license application - Recommen tion. - (1) Upon receipt of a complete siting 

license application, the . ctoror an authorized representativA of thA 

director shall: 

(a) Immediately notify th rmanent panel members, the city and/or 

county in which the haz us waste treatment. storage. or disposal 

facility is located or propose be located. the state fire marshal. the 

director of the department offis d game, the director ofthe Idaho state 

police. and each division within t department that has responsibility in 

land. air or water management, d other appropriate agencies ... The 

notice shall describe the procedur and the schedule based on the 

complexity of the application by which e siting license may be approved 

or denied. 

(b) Immediately publish a notice that th 

as provided in section 60-109, Idaho Code. a newspaper having m~or 

circulation in the county and the immedia vicinity of the proposed 

ha.zardou8 waste treatment, storage, or disp al facility. The required 

published notice shall contain a map indicat the location of the 

proposed hazardous waste treatment. storage, 0 disposal facility and 

. shall contain a description of the proposed action the location where 

the complete application package may be reviewed an where 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 immediately 

notify the representatives of the state to the pane1 and the put) 'c members. 

The chairman shall also notify the applicable county and ci for their 

appointment of members as provided in subsection (3) of section 9-5812, 

Idaho Code. Within thirty (30) days after the notification, the ard of 

commissioners of the county and the city council shan select the mem rs to 

serve on the panel. The panel shall be created at that time and notific . on 

of the creation of the panel shall be made to the chairman. 

(3) Iftechnical criteria are not applicable, the director shall submit to th u 

aste treatment, 

e, or 

d­

((' 95 HAZARDOUS WASTE FACILITY SITING 39-5814 

'\...,. -­

at the license be issued or denied. The draft license submittal shall be 

de within sixty-five (65) days after a complete application is received. 

) If technical criteria as adopted in the hazardous waste management 

plan e applicable. the director shall determine if the proposed facility 

compl s with the criteria. Such determination shall be made within 

forty-fi (45) days after a complete application is received. Ifthe technical 

criteria not met. the director shall deny the license and the panel shall 

be disban . Ifthe technical criteria are met. the director shall submit to 

the panel a· aft site license which includes conditions regarding the 

technical crite . a to be met. These conditions may be more stringent than 

those in the p if wSlTanted by information provided in the application. 

The draft license may also· include additional conditions based on the 

information submit in the application regarding the construction of the 

facility. The director all also recommend to the panel that the license be 

issued or denied. The d . al or draft license submittal shall be made within 

sixty-five (65) days afte a complete application is received. The director 

shall immediately notify t applicant and the chairman of the panei.ofthe 

denial or draft license sub tal. . 

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

meet to review and establish a . etable for the consideration of the draft 

site license. 

(6) The panel shall: 

(a) Set a date and arrange for pUD . cation of notice of a public hearing in 

a newspaper having major circulati in the vicinity ofthe proposed site. 

at its first meeting. The public notice hall: 

(i) Contain a map indicating the 10 tion of the proposed hazardous 

waste treatment, storage, or disposa facility. a description of the 

proposed action, and the location wher . the application for a siting 

license may be reviewed and where copie ay be obtained; 

(ii) Identify the time, place and location for he public hearing held to 

receive public comment and input on the appli tion for a siting license; 

(b) Publish the notice not less than thirty (30) da before the date ofthe 

public hearing and the notice shall be. at a minim , a twenty (20) days' 

notice as provided in section 60·l09,ldaho Code.· . 

(7) Comment and input on the proposed hazardous 

storage, or disposal facility may be presented orally or 1 

public hearing, and shall continue to be accepted in writing 

fifteen (15) days after the public hearing date. 

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

(a) The risk and impact of accident during the transportation 

ous waste; 

(b) The risk of fires or explosions from improper treatment, stor 

disposal methods; 

(c) The impact on local units of government where the proposed haz 

ous waste treatment, storage, or disposal facility is to be located in te 

of health, safety, cost and consistency with local planning and existing -d '" 
I"~ '""_.'.: 

39·5814 HEALTH AND SAFETY 96 

pelmi. M' eehel I attaiNment" "ft~ "ai. ,.'eBMal pela.i.B8hi, ,. iAe 

roposed hazardous waste treatment, storage, or disposal facility; 

( The nature of the probable environmental impact. 

(9) e panel's primary responsibility shall be to cOnsider the concerns 

and obJ 'ons submitted by the public. The panel shall facilitate efforts to 

proVide t the concerns and objections are mitigated by proposing additional con .ons regarding the construction of the facility. The panel may 

propose con . ·ons. which integrate the provisions of the city or county 

ordinances, pe its or requirements. 

(10) Within 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 t or additional conditions, a clear stat~ment of 

the need for the conditio must be submitted to the director. If the panel 

recommends denial, a clear tatement ofthe reasons for the denial must be 

subu;litted to the director. 

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

that: 

(a) The technical criteria are m . 

(b) The harm to scenic, historic, Itural or recreational values is not 

substantial or can be mitigated by a ropriate license conditions; 

(c) The risk and impact of accident . g transportation of hazardous 

waste is not substanti~ or can be mi . ated with appropriate license 

conditions;. . . 

(d) The impact on local government is n adverse regarding health, 

safety, cost and consistency with local plannin and existing development 

or can be mitigated with appropriate license co ditions; and 

(e) No other major concerns have been raised the panel regarding 

public health or the environment which cannot b mitigated by special 

license conditions. . 

(l2) An appiicant denied a siting license pursuant to t is chapter or any 

person aggrieved by a decision of the director pursuant to . chapter may 

within twenty-eight (28) days, after all remedies have been e austed under 

the provisions of this chapter, seek judicial review under th procedures 

provided in chapter 52, title 67. Idaho Code . 

. (13) No permit pursuant to section 39-4409, Idaho Code, shall issued 

unless the applicant has been issued a site license. [I.C., '§ 39-5 4, as 

. added by 1985, ch. 113, § I, p. 220; am. 1987, ch. 103, § 4. p. 207; am. 993, 

ch. 216, § 29, p. 587; am. 2000, ch. 469, § 99, p. 1450.] 

Compiler's Dotes. Sections 28 and 30 of Sections 98 and 100 of S.L. 2000, th. 469, 

S.L. 1993, ch. 216 ar:e compiled as It 39·4909 are compiJed as §§ 39·4410 and 39·6316, reU 


(

J' 

97 HAZARDOUS WASTE FACILITY SITING 39-5819 

.--

Notice -

approval ofsitinl license application - Timetable for 

consideration of proposed facility - Public hearinl ­

Comment and input - Municipal impact ­

Considerations - Advice. [Repealed.] 

Compiler's notes. is section, which ch. 113, § 1, p. 220, was repealed by S.L. 

comprised I.C., § 39-5815, 1987, ch. 103, § 5. 

39-5816. Local restric . ns on hazardous waste treatment, storale, or disposal facility con . ction. -An ordinance, permit requirement or other requirement of a 'ty or county shall not prohibit the 

construction of a hazardous waste tre ment, storage, or disposal facility in 

that city or county. [I.e., § 39-5816, ~s a ed by 1985, ch. 113, § 1, p. 220.] 

39-5817. Coordination and inteJl'atioD 'th state and federal 

law. - The director shall coordinate and integra the provisions of this 

chapter for purposes of adminjstration and enforcem t with appropriate 

state and federal law. [I.C., § 39-5817, as added by 19 ch. 113, § 1, p. 

220.]. 

39-5818. Information obtained - Public record. ­

provided 

(1) 

in subsection (2) of this section, information obtained b e ( department under the provisions of this chapter shall be deemed to be 

~ (2) A person regulated under the provisions ofthis chapter may designate 

a record, site license application, other information, or a portion of a record, 

site license application, or other information furnished to or obtained by the 

department or its agents, as being only for the use ofthe 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, § 1, p. 220; 

am, 1990, ch. 213, § 49, p. 480.] 

Compiler'. Dotes. Sections 48 and 50 of vided that §§ 3 through 45 and 48 through 

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 effect July 1, 

Section 111 of S.L. 1990, th. 213 as 1990. 

amended by § 16 of S.L. 1991, ch. 329 proThe department may certify a city, county or health district to 

administer force portions of this chapter and chapter 44, title 39, 

Idaho Code, but only e extent consistent with obtaining and maintaining authorization of the s ' hazardous waste management program 

pursuant to section 3006 of title I e solid waste disposal act. Certification procedures shall be established by t artment by rule [rules] and 

regulations. The director may rescind certification the.request of the 

certified city, county, or health district, or after reaso notice and 

hearing, if the director finds that a city, county, or health dist . not 

men. 
-~ 

39·5820 HEALTH AND SAFETY 

mpiler'. Dote.. The bracketed word 

"rule was inserted by the compiler. 

39·5 o. Remedy for devaluation of property caused by approved cility. - (1) Before construction of a hazardous waste treatment, 

storage, or isposal facility, but in no case later than nine (9) months after 

approval of site license for a hazardous waste treatment, storage, or 

disposal faci1i any owner or user of real property adversely affected by 

approval may b . g. an action in a district court of competent jurisdiction 

against the owne of the proposed facility. If the court determines that the 

planned constructi and operation of the hazardous waste treatment, 

storage, or disposal ' 'ty will result in the devaluation of the plaintiff's 

property or will othe 'se interfere with the plaintiff's rights in the 

property, it shall order t owner to compensate the plaintiffin an amount 

equal to the value of the p intiff's loss. 

(2) The remedy provided 'n subsection (1) of this section shall be in 

addition to other remedies pr 'ded by law for owners or users aggrieved by 

the proposed construction and eration of a hazardous waste treatment, 

storage, or disposal facility. 

(S) Nothing in this chapter sha 

aggrieved by the construction and ration of a facility from seeking 

damages that result from a subseq ilt modification of the design or 

operation of a facility but such damag are limited to the incremental 

damage that results from the modificatio Any action for sucll damages 

under this section shall be brought within n e (9) months after the siting 

license modification of the design or operation f the facility is approved. 

(4) For the purpose of assessing damages, the alue of the rights affected 

is fixed at the date the siting license is approved . d the actual value of the 

right at that date is the basis for the determination the amount of damage 

suffered, and no improvements to the property sub guent to the date of 

approval of the plans shall be included in the asse ment of damages, 

Similiarly, for any subsequent modification of a facility, v ue is fixed at the 

date of approVal of the siting license. . 

(5) The owner or operator ofa proposed facility may, at an 'me before an 

award of damages, abandon the construction or operation of e facility or 

any modification and cause the action to be dismissed. As a ndition of 

dismissal, however, the owner or operator shall compensate the p 'ntifffor 

any actual damage sustained as a result of construction or operatio of the 

facility before abandonment together with court costs and a reas able 

attorney's fee, 

(6) Nothing in this chapter shall prevent a court from enjoining 

activity at a hazardous waste treatment, storage, or disposal facility that i 

outside of, or not incompliance with, the terms and conditions of an 

approved hazardous waste operations permit pursuant to section 39-4409, 

, . 

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