# IDAHO CODE

CONTAINING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

ORIGINALLY PUBLISHED BYAUTHORITY OF LAWS 1947, CHAPTER 224 REPUBLISHED BY AUTHORITY OF LAWS 1949, CHAPTER 167 ASAMENDED

I. ( Compiled Under the Supervision ofthe Idaho Code Commission

# ~ R. DANIEL BOWEN THOMAS A. MILLER RICHARD 

### F. GOODSON COMMISSIONERS 

### MAX M. SHEILS, JR. EXECUTrvESECRETARY



### TITLES 39 (44-83), 40

# ~MICHIE

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# \..... PUBLISHER'S NOTE Since the pubJication in 1998 ofReplacement Titles 39 (44-83), 40 many lawshavebeenamended orrepealed andmanynew laws havebeenenacted. Theresulting**i~crease** in 

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iii39-5801 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 orrejection ofplan. 39-5808. Sitin,lieenee required. 39-5809. Permite and licanl"

- Iuuance prior to adoption ofplan. 39·6810. Licenlel

- Illuance after adoption ofplan. 39.5811. Expaneion. enlargement or alter· ation oftreatment. 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 resultfrom the improperland disposal ofhazardouswaste and thatthe need for establishing safe sites with adequate capacity for the disposal of hazardous wasteis a matterofstatewideconcern. and theprovisions ofthis chapter are therefore enacted toprovide an effective method ofestablishing such sites.

(2) Itis the intent ofthe legislature ofthe state ofIdaho that generators of hazardous waste be encouraged to use on-site and off-site alternative treatment methods to reduce the amount ofhazardous 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 ofhazardous waste that must'be buried are available. For suchpurpose, theprovisions of this chapter are enacted to allow the development of safe alternative methods for the treatment ofhazardous waste and to provide a means for the designation ofhazardous 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 ofhazardous 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

.. udreJUlationa. 39-5814. Dutiea ofdirector upon receipt ofa 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· tricthealth departmente. 39·5820. Remedy for devaluation ofproperty cauaed by approved facility. I 

### ( " 

# U87 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 existinghazardouswaste management actpermittingprocess as setforth in section 39-4409, Idaho Code. Thesitelicense is a preliminary, general review which is not based on the type ofspecific, detailed technical information requiredfor thehazardouswastemanagementactpermit. 

### [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 oCS.L. 1987, ch. 103 is compiled as § 39.5812. 39-5803. 

### Definitions.

- As used in this chapter: (1) "Panel"means the site review panel createdin section 39-5811. Idaho Code. (2) "Committee"means the statehazardouswaste managementplanning committee created in section 39-5805, Idaho Code. (3) "Department"means the department ofenvironmental 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 oftitle 

## n ofthe 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 managedhazardouswaste, as definedbyrule, isintentionally 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 maybe divided by a public orprivateright-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 ofproperty owned by the same personbut connected by a right-of-way whichthe owner controls and to which the public does not have access is also considered on-site property. (12) "Operator"means theperson responsible for the overall operation of a disposal. treatment or storage facility with approval ofthe director either by contract or permit. (13) "Person" is defined in section 39-4403, Idaho Code. (14) "Plan"meansthe state hazardouswaste managementplan prepared under the provisions ofsection 39-5806, Idaho Code.
\ (15) "Storage" is defined in section 39-4403, Idaho Code. 

# L88 39:5804 (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 ofthe solid waste disposal act"means sections 1001 

### through 8006 

### ofpublic 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 thepanel tively. created in § 39-5812

..



### m 

### t and 

### the committee in 

### theconduct oftheir duties under the provisions of chapter and underthe provisions ofchapter

### 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 andwaste 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 statehazardous waste management planning committee hereby created in the department. The committee shallrepresentdiverse eographical areas oithestate. No laterthan 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 ofcounty 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 ofan environmental group; (g) One (1) member ofa conservation group; (h) Two (2) members ofthe general public; (i) 

### The director ofthe department or his designee; (j) 

### The director ofthe department ofwater resources or his (k) One (1) licensed professional engineer; (l) 

### Af$culty member ofa university orcollege in 

### this state well ve geology. hydrology or other environmental matters; (m) The director ofthe Idaho transportation department or his designe , (n) One (1) 

### representative ofthe 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 ofthe committee shall be elected by themembers ofthe commit and the chairman shall be a voting member ofthe 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 operatingprocedures

.

.The operating p edures shall be made available for public review. (6) Inthecond ofitsbusiness, the committeeshall solicit the advice of, and consult periodi ly with cities, counties and persons within the state for the purpose ofrec 'vinginformation oradvice that maybe helpful 

### in the preparation ofthe pIa (7) Employees ofthe . artmentofenvironmental 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 ofthe plan by the legislature. (9) Uponpetition tothe direct andthedirector's recommendation to the 

# L " 

## ( governor, thegovernorshall appoi a committee :in the samemanner 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 thesenate. 

### [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. Statehazardouswaste 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 ofgenerators, 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) Thecommitteemay instructthe departmentofenvironmentalqu "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 otherstates, including the types and qu tities ofthe hazardous waste. (b) inventory and evaluationofcurrenthazardous wastemanagement praeti es and coste, including treatment and disposal. within this state. (c) A p 'eetion ordetermination offuture hazardous waste management needs ba on an evaluation ofexistingcapacities, treatmentordisposal capabilitie manufacturing activity, limitations and constraints. Projecshall consider the types and sizes of hazardous waste age, .or disposal facilities. general locations within the

ntcontrol systems, and an identified need for additional privately owned state owned treatment, storage, or disposal facilities

.

. (d) An

### investigatio and analysis ofmethods andincentives to encourage interstate andintern tional cooperation in themanagementofhazardous waste. (e) An 

### investigation an analysis ofmethods. incentives or technologies for sourcereduction, reus recycling, orrecovery ofpotentiallyhazardous waste and a strategy for couraging the utilization or reduction of hazardous waste. (1) 

### An

### investigation and analy . s ofalternate 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 ofnewspapers and s all 

### issue a statewide news release 

# :.J announcing the availability oftheplan it 

### inspection by interestedpersons. The announcement shall indicate where how the plan maybe 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 ofthe notice announcing the avail 'lity ofthe plan. (5) After public hearings, the committee shall epare a written summary ofthe comments received, provide comments the major concerns raised, make amendmentsto the plan asnecessary an hallfonnally adopt the plan, and shall submit the plan to the legislature the first regular session of

### thelegislature following adoption oftheplan. [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 ofplan.

- 

### The legislat e shall amend, adopt or reject the plan by passage ofa 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 ofa 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 altera commercial hazardous waste disposal, treatmentor 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 ofthefacility or siterather than thebuildershall beresponsible for obtaining the license. Facilities exempted from permittingunder the provisions of section 39-4409, Idaho Code, shall not require a license un!ier the provisions ofthis chapter. [I.C., § 39-5808, as added by 1985, ch. 113, § I, p.220.]



# ( 

# \., - The directormayissuepermits undertheprovisions ofchapter44, title daho Code, or licenses pursuant to this chapter, for existing or proposed ardouswastetreatment, storageordisposal facilities and other authorized 0 tions before the adoption ofthe plan by the committee. 

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

39·5810. Licenses

- suance after adoption ofplan.

- 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 ofhazardous waste treatment, storage or disposal faa . s from complying with the hazardous waste management plan ifthe exem .on is in the public interest and consistent with state and federal law. Ifth 'rector exempts classes or categories of hazardous waste treatment, stora or disposal facilities from complyingwiththehazardouswastemanagement ,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 wastetreatment, storage,ordisposal 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 ofwasteslisted pursuantto 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 ) ofthis 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 ofthis state, one (1) each from the department 0 

### nvironmental quality, the department ofwater resources and the Idaho ansportation department. A member who is a representative ofthis state I be appointed by each ofthe directors of the respective departments d a vacancy shallbe filled as necessary by the appropriate director. A me her 

### who is a representative ofthe state shall be 

### appointed to serve on review panels for a period oftwo (2) years and may be appointed fo additional two (2) year periodS. In 

### addition. a memberwho is 

### a repres tative ofthe statemayservebeyond the expiration ofthe member's two ( yearperiod ofservice 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 shallbepublicme ers appointedbythegovernor withthe advice and consent ofthe senate. e (1) public member shall be 

### a geologistorhydrologist, one (1) anengineer, ndone(1) a representative of industries which 

### generate hazardous wast One (1) public member shall be on the faculty ofan institution ofhighe 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 maybe appointed for additional thr (3) yearperiods. (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, atleastone (1) ofwho shall be a resident ofthe 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 

### theirreview. (b) '!\vo (2) members shall be residents ofthe county wherethehazardo waste treatment, storage. or disposal facility is proposed tobe located an93 HAZARDOUS WASTE FACILITY SITING 39-5813

icular sitinglicense application subject to theirreview 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 ofeachpanel and shallnotify the city council ofthfit nearest' and theboard ofcounty commissioners ofa sitinglicense application filed

. the department, and shall instructthe 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)ofthe ten (10) me ers ofthepanel shall constitute a quorum for the transaction ofbusiness 0 e panel and the concurrence of six (6) members of the panel shall consti a 1egal action of the panel. All meetings ofthepanelshallbeconducted uantto thestate op.en meeting

. law.

(6) The director shaH make staff available out ita responsibilities. '

(7) Members ofthepanel who arenot stateemploy

.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 WasteAmendments 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 ofS.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) Thename and residence ofthe applicant; (b)

.The ]ocation ofthe proposed hazardous waste treatment. storage, or disposal facility; (c) Engineering orhydrogeologic inforination to indicate compliance with technicaJ criteria asadopted in the hazardous waste·managementplan 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 ofhazardous waste is not substantial or can be mitigated; and (g) Information showing that the impact on local government is not adverse regardinghealth. safety, cost and consistencywith local planning and existing deveJopment or can be mitigated.



### . . shall determine whether 139:..5814 HEALTH AND SAFETY·· 

### 94



### 'rector shall establish by rule, the scale for determining the siting license a licationfee. Thefee shallnotexceed seventhousandfive hundreddollars ($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 surroundingthe site. Fees received pursuantto this section may be expen 

### by the director to pay the actual. reasonable and necessary costs iDcurr 

### by thedepartment in actingupon a sitinglicense 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 ofthis 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 

### directorupon receipt ora sitinglicenseappli

### cation

- 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 directorofthedepartmentoffis d game,thedirectoroftheIdaho state police. and each division within t 

### departmentthathas responsibility 

### in land. air 

### or water management, d other appropriate agencies

... The notice shall describe the procedur and the schedule based on the complexityofthe application by which e sitinglicense maybe 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 ofthe proposed action the location where

the complete application package maybe 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 ofthe stateto thepane1 and the put) 'c members. The chairman shall also notify the applicable county and ci 

### for their appointment ofmembers as provided in subsection (3) ofsection 9-5812, 

### Idaho Code. Within thirty (30) 

### days after the notification, the ard of commissioners ofthecounty and the citycouncil shan select the mem rs to serve on the panel. The panel shallbe created at thattime and notific

. on ofthe creation ofthe panel shall be made to the chairman. (3) Iftechnical criteria are not applicable, thedirector shall submittoth 

# uaste 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.

) Iftechnical 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 ofthe facility. The director all also recommend to the panel that the license be issued ordenied. The d .al ordraft license submittal shall bemade within sixty-five (65) days afte a complete application is received. The director shall immediatelynotify t applicant and the chairman ofthepanei.ofthe denial or draft license sub tal.

.

(5) Within ten (10) days submittal ofa draftlicense, the panel shall meet to review and establish a . etable for the consideration ofthe draft site license.

(6) The panel shall: (a) Set a date and arrange for pUD

.cation ofnotice ofa public hearingin a newspaperhaving major circulati inthe vicinity oftheproposed 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 andinputontheappli tionfor a sitinglicense; (b) Publish thenoticenotlessthan 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 ofaccident during the transportation ous waste; (b) The risk offires or explosions from improper treatment, stor disposal methods; (c) The impact on local units ofgovernment 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 

### IattaiNment"**"ft~** 

### "ai. ,.'eBMal pela.i.B8hi, ,. iAe

roposed hazardous waste treatment, storage, or disposal facility; ( The nature ofthe 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 ofthe 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 aftercreation. thepanel shallrecommend to the director that t 

### license 

### beissued as proposed. issued with different or additional condition 

### or denied: The director shall make a final decision within 

### thirty (30) 

### day after receipt ofthe panel's recommendation. Ifthe panel recommends diffe t or additional conditions, a clear**stat~ment** 

### of the need for the conditio must be submitted to the director. Ifthe panel recommends denial, a clear tatement ofthereasons for the denial mustbe 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 ropriatelicense conditions; (c) The risk and impact of accident . g transportation ofhazardous 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 consistencywith local plannin and existingdevelopment 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 ofthe director pursuant to

. chaptermay withintwenty-eight(28)

### days, afterallremedies havebeene austedunder the provisions of this chapter, seekjudicial 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, re

# U

( 

# J'97 HAZARDOUS WASTE FACILITY SITING 39-5819



### .--

Notice

- approval ofsitinllicense application

- Timetable for consideration ofproposedfacility

- Publichearinl

­ 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 ofa hazardous waste tre ment, storage, or disposal facility in that city orcounty. [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) e in subsection (2) of this section, information obtained b 

## ( department under the provisions of this chapter shall be deemed to be

# ~ (2) A personregulatedundertheprovisions ofthis chaptermay designate a record, sitelicense application, otherinformation, or a portion ofa record, sitelicense application, orother information furnished to orobtained bythe departmentorits agents, as beingonlyfor theuseofthedepartment and the panel. The material shall then be subject to disclosure according to chapter 3, title 9, Idaho Code. [I.C., § 39-5818, as addedby 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 ofthe act should take effect July 1, 1993 and 39-6208, respectively. and that §§ 1,2,46and 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 byrule [rules] and regulations. The director may rescind certification the.request ofthe 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 ofa hazardouswastetreatment, 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 ofreal property adversely affected by approval may b . g. an action in a district court of competentjurisdiction against the owne ofthe proposed facility. Ifthe court determines that the planned constructi and operation of the hazardous waste treatment, storage, or disposal ' 'ty 

### will result in the devaluation ofthe 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 ofthe p intiff's loss. (2) The remedy provided 'n subsection (1) of this section shall be in 

### addition to otherremedies pr 'dedby lawfor owners orusers 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 ofthe design or operation f the facility is approved. (4) For thepurpose ofassessing damages, the alue ofthe rights affected is fixed at the date the sitinglicense is approved . d the actual value ofthe right atthatdateisthebasisfor thedetermination the amountofdamage 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 ofa facility, v ue is fixed atthe date ofapproVal ofthe siting license.

. (5) The owneror operatorofaproposedfacility may, at an 'mebefore an award ofdamages, 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 thep 'ntifffor any actual damage sustained as a result ofconstruction or operatio ofthe 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,



### , 

### . ( <

## ~.