(

(

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

Compiled Under the Supervision of the

Idaho Code Commission

R. DANIEL BOWEN

THOMAS A. MILLER RICHARD F. GOODSON

COMMISSIONERS

MAX M. SHEILS, JR.

EXECUTIVE SECRETARY

TITLES 39 (44-83), 40

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laws have been amended or repealed and many new laws have been enacted.

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iii
39-5801 HEALTH AND SAFETY

CHAPTER 58

HAZARDOUS WASTE FACILITY SITING

86

SECTION.

39·5801. Short title.

39·5802. Legislative intent.

39-5803. Definitions.

39·5804. Methods of hazardous waste man- agement.

39-5805. State hazardous waste management planning committee -

Creation - Members.

39.5806. State hazardous waste siting management plan - Preparation

- Inclusions - Studies -.

Public hearings - Summary

- Amendments - Recommendation.

39·5807. Amendment or rejection of plan.

39.5808. Siting Iieenae required.

39-5809. Permits and licenses - lasuance

prior to adoption of plan.

39·5810. Licenses - Issuance after adoption

of plan.

39-5811. Expansion, enlargement or alteration of treatment, storage, or

SECTION.

disposal facility - Review -

Siting licenses.

39-5812. Site review panels - Members.

chairman, quorum, meetings,

staff'.

39-5813. Siting license "application - Fee -

Rules and regulations.

39-5814. Duties of director upon receipt of a

siting license application -

Recommendation.

39-5815. (Repealed)

39-5816. Local restrictions on huardous

waste treatment. storage, or

disposal facility construction.

39-5817. Coordination and integration with

atate and federal law.

39·5818. Information obtained - Public

record.

39-5819. Certification of City, county, or dis·

trict health departments.

39-5820. Remedy for devaluation of property

caused by approved facility.

as the "State a

added by 1985, ch. 113, §

aste Facility Siting Act." [I.C., § 39·5801, as

1, p.

Sec. to sec. ref. 'MIis 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 of the legislature of the state of Idaho 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. Alternative 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,
resource recovery, or physical, chemical or biological degradation should be

implemented to the maximum extent possible.

(3) It is lhe 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 isa preliminary,

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

information required for the hazardous waste management act permit. [I.C., § 39-5802, as added by 1985, ch. 113, § 1, p. 220; am. 1987, ch. 103, § 1, p.

207.J

( 87 HAZARDOUS WASTE FACILITY SITING 39-5803

Compiler's Dotes.. Secti9n2 of 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

(;ode.

(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 receiveda permit or has interim status under

title II of the solid waste disposal act or hasa permit from the state

authorized under section 3006 of title II 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 ora part ofa 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.

(0) "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 bya public or private right-of-way ifthe entrance and

exit between the pieces of property are ata 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 conuected

bya 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 ofthe director either

by contract or permit.

(3) "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.

(5) "Storage" is defined in section 39-4403, Idaho Code.
39·5804 HEALTH AND SAFETY 88

(6) "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.

(7) "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; am. 2001, ch. 103, § 50, p. 253.)

Compiler's notes. The reference in subdivision (1) to the review panel created "in

section 39·5811- appears to refer to the panel

created in § 39-5812.

Sections 49 and 5] ofS.L. 2001. ch. 103 B.re

compiled 85 §t 39-4431 and 39-5805, respec·

tively.

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

of tli chapter and under the provisions ef chapter 44, title 39, Idaho Cede,

shall ist in encouraging, developing and implementing methods of

hazardou waste management which are environmentally sound, which

maximize t utilization of valuable resources and which encourage reo

source conserv ion including source separation and waste reduction. [I.C.,

§ 39·5804, as a d by 1985, ch. 113, § I, p. 220.)

39·5805. State h ardous waste management planning commit.

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

September I, 1985, the govemo hall, subject to the advice and consent of

the senate, appoint seventeen 07j embers to the committee consisting of

the following representatives:

(a) One 0) representative of city go nment;

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

(c) One (1) hazardous waste transporter;

(d) One (1) hazardous waste generator;

(e) One (1) hazardous ",aste treatment, e, or disposal facility

operator;

(0 One 0) member of an environmental group;

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

(h) 1\vo (?,) 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;

(/) A faculty member of a university or college in this state well ver d in

geology, hydrology or other environmental matters;

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

(n) One (I) representative of the mining industry;
89 HAZARDOUS WASTE FACILITY SITING 39-5806

artment of environmental quality, department of

ansportation department shall assist the cornA vacancy occurring on the committee shall be filled in the same

man er as the original appointment.

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

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

(4) Me bers of the committee who are not 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 cedures shall be made available for public review.

(6) In the cond t ofits business, the committe~shallsolicit the advice of,

and consult period! 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

water resources and the

mittee on a priority basis.

(8) The committee shall eli band after final approval of the plan by the

legislature.

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

governor, the governor shall appoi a committee in the same manner as the

original conunittee to amend or rev e the plan.

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

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

§ I, p. 220; am. 2001, ch. 103, § 51, p. 3.1 .

Compiler's Dotes. Section 50 ofS.L. 2001,

ch. 103 is compiled as § 39-5803.

39·5806. State hazardous waste siting m nagement plan - Preparation - Inclusions - Studies - Public h 'ngs - Summary -

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

1987, the committee shall prepare a state hazardous waste 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, conomics of

transporting, types of waste and existing hazardous waste eatment,

storage, or disposal facilities.

(c) Include necessary legislative, administrative and economic

nisms, a timetable to carry out the plan.

(3) The committee may instruct the department of environmental qu ity,

the department of water resources and the transportation department

complete studies as considered reasonably necessary for the completion
39-5807 HEALTH AND SAFETY 90

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

qu tities of the hazardous waste.

(b) inventory and evaluation ofcurrent hazardous waste management

practi es and costs, including treatment and disposal, within this state.

(c) Ap 'ection or determination of future hazardous waste management

needs ba d on an evaluation of existing capacities, treatment or disposal

capabilitie manufacturing activity, limitations and constraints. Projection of nee shall consider the types and sizes of hazardous waste

treatment, st age, .or disposal facilities, general locations within the

state, managem 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 of potentially hazardous

waste and a strategy for ncouraging the utilization or reduction of

hazardous waste.

(f) An investigation and analy .s of alternate methods for treatinent and

disposal of hazardous waste.

(4) Upon completion of the plan, he committee shall publish a notice

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

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

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

The announcement shall indicate where a 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 ate before formal adoption.

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

from the date of the notice announcing the avail ility 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 ofthe plan. [I. " § 39-5806, as

added by 1985, ch. 113, § 1, p. 220; am. 2001, ch. 103, § 5 p. 253.]

Compiler's Dotes. Section 53 orB.L. 2001,

ch. 103 is 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 shall indicate its reasons for amendmen or

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

, .
91 HAZARDOUS WASTE FACILITY SITING 39·5812

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

storage facility or any on·site land disposal facility for wastes listed

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

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 ofthe facility or site rather than the builder shall be responsible for

obtaining the license, Facilities exempted from permitting under the provi·

sions of section 39·4409, Idaho Code, shall not require a license under the

provisions of this chapter. [I.C., § 39·5808, as added by 1985, ch. 113, § 1,

p.220.)

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

title Idaho 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 plaD. - After the

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

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

management plan. The director may exemp asses or categories of hazardous waste treatment, storage or disposal faCl 'es 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 irector 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.e., § 39·5810,

, .

39-5811. Expansion, eDlargement or alteration of treatment,

storage, or disposal facility - Review - Siting licenses. - (1) A

hazardous waste treatment, storage, or disposal facility in existence on July

1, 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 1, 1985,

constitutes a new proposal for which a siting license is required. [I.C.,

§ 39-5811, as added by 1985, ch. 113, § 1, p. 220.]

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 t e .. ·cense. Such conditions

may include measures to mitigate public concerns for t e t es of
39-5812 HEALTH AND SAFETY 92

p .or to July 1, 1985;

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

exist ce prior to July 1, 1985;

(c) An on-site disposal ofwastes listed pursuant to section 20l(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 'or to July 1, 1985;

(d) Any sign cant expansion of the above-listed facilities after July 1,

1985.

A panel shall co sist of ten (10) members to be.<'ppointed as provided in

subsections (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) members 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 hall be appointed by each of the directors of

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

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

shall be appointed to serve on . e 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 ofthe 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 ofthe 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 porti of the period in the

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

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

three (3) years and 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) Two (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 0) 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 I ger

subject to their review.

(bl Two (2) members shall be residents ofthe county where the hazardo

waste treatment, storage, or disposal facility is proposed to be located an

\.
93 HAZARDOUS WASTE FACILITY BITING 39-5813

Sections 52 and 54 ofS.L. 2001, ch. 3 are

compiled as §§ 39-5806 and 39-6203, Te

lively.

Compiler'. Dotes. The Hazardous and

Solid Waste Amendments of 1984. referred to

in subdivision (IXc). are compiled as 42

U.S.C. § 6901 et seq.

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

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 of each panel and shall notify the city council

of the 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 necess representatives to a panel. The chairman shall be

8 nonvoting member 0 he panel except when the chairman's vote is

necessary to break a tie vo

(5) Six (6) ofthe 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 e a legal, action of the panel. All

meetings ofthe panel shall be conducted uant to the state open meeting

law.

(6) The director shall make staff available

out its 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.e.,

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

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

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;

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

(1) 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 whether It IS c t complete, the director
39-5814 HEALTH AND SAFETY 94

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

a lication fee. The fee shan not exceed seven thousand five hundred donars

($7, 00) and shall be based on the cost to the department of reviewing the

sitin license application. The scale shan 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 incuIT by the department in acting upon a siting license application,

The director ay promulgate rules and regulations in compliance with

chapter 52, titl 67, Idaho Code, in order to implement and administer the

provisions ofthis ection, [lC., § 39-5813, as added-by 1985, ch, 113, § I, p,

220; am. 1987, ch, 03, § 3, p. 207.]

39-5814. Duties 0 director upon receipt ora siting license application - Recommen ation. - (1) Upon receipt of a complete siting

license application, the 'rector or an authorized representativp. of t.hp.

director shall:

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

county in which the hazar us waste treatment, storage, or disposal

facility is located or propose 0 be located, the state fire marshal, the

director ofthe 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 the pplication has been received,

as provided in section 60-109, Idaho Code, a newspaper having major

circulation in the county and the immedia vicinity of the proposed

hazardous waste treatment, storage, or disp al facility. The required

published notice shall contain a map indicat g the location of the

proposed hazardous waste treatment, storage, 0 disposal facility and

shall contain a description of the proposed action a 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 sha immediately

notify the representatives ofthe state to the panel and the pul:l 'c members,

The chairman shall also notify the applicable county and cit 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 ofthe county and the city council shall 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
95 HAZARDOUS WASTE FACILITY SITING 39-5814

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

ade within sixty-five (65) days aftera complete application is received.

) If technical criteria as adopted in the hazardous waste management

plan are applicable, the director shall determine if the proposed facility

compls with the criteria. Such determination shall be made within

forty-fi (45) days aftera complete application is received. If the technical

criteriaa not 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 panela raft site license which includes conditions regarding the

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

those in the pia if warranted by information provided in the application.

The draft license may also include additional conditions based on the

information submit in the application regardiog the construction of the

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

issued or denied. Thed ia] or draft license submittal shall be made within

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

shall immediately notifyf applicant and the chairman of the panel ofthe

denial or draft license subm tal.

(S) Within ten (10) days

a submittal ofa 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 pub 'cation of notice ofa public hearing in

a newspaper having major circulatio in the vicinity of the proposed site,

at its first meeting. The public notice hall:

(i) Containa 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 fora siting

license may be reviewed and where copies 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 fora siting license;

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

public hearing and the notice shall be, ata minimu ,a twenty (20) days'

notice as provided in section 60-109, Idaho Code..

(7) Comment and input on the proposed hazardous aste treatment,

storage, or disposal facility may be presented orally ori

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

of health, safety, cost and consistency with local planning and existing -d ".

((

(
39-5814 HEALTH AND SAFETY 96

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 t the concerns and objections are mitigated by proposing additional con ions 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 m ety (90) days after creation, the p'llnel 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 tinal 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 conditio must be submitted to the director. If the panel

recommends denial, a clear tatement 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 m .

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

substantial or can be mitigated by a

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

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

conditions;

(d) The impact on local govl"mment 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.

(12) An applicant denied a siting license pursullDt to t is chapter or any

person aggrieved by a decision of the director pursuant to 's 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

unless the applicant has been issued a site license. [I.C., § 39-5 14, as

added by 1985, ch. 113, § 1, p. 220; am. 1987, ch. 103, § 4, p. 207; am.

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

Compiler's notes. Sections 28 and 30 of Se<:tions 98 and 100 of S.L. 2000, ch. 469,

S.L. 1993. ch. 216 are compiled as §§ 39·4909 are compiled as §§ 39-4410 and 39·6316. reo
approval ofsiting license application - Timetable for

consideration of proposed facility - Public hearingNotice - Comment and input - Municipal impact -

Considerations - Advice. [Repealed.]

(

97 HAZARDOUS WASTE FACILITY SITING 39-5819

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

comprised I.C., § 39-5815, added by 1985, 1987, ch. 103, § 5.

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

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

that city or county. [I.C., § 39-5816, as a ed by 19115, ch. 113, § I, p. 220.]

39-5817. Coordination and integration 'th state and federal

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

chapter for purposes of administration and enforcem t with appropriate

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

220.]

39-5818. Information obtained - Public record. - (1)

provided in subsection (2) of this section, information ohtained b

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 accorGing to chapter

3, title 9, IdallO Code. (I.C., § 39-5818, as added by 1985, ch. 113, § 1, p. 220;

am. 1990, ch. 213, § 49, p. 480.]

Compiler's Dotes. Sections 48 and 50 of

S.L 1990, ch. 213 are compiled aa §§ 39-5403

and 39-6208, respectively_

Section 111 or S.L. 1990, cb. 213 aa

amended by § 16 of S.L. 1991, ch. 329 provided that §§ 3 through 45 and 48 through

110 of the act should take effect July 1. 1993

and that §§ 1,2,46 and 47 take effect July I,

1990.

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

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

IdalIo 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. Certifi·

cation 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

\
39·5820 HEALTH AND SAFETY 98

, .

..,

. .,.

, . 113, § I, p. 220.]

mpiler's Dotes. The bracketed word

"rul .. was inserted by the compiler.

O. Remedy for devaluation of property caused by approved dUty. - (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 facili ,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 cility will result in the devaluation of the plaintiff's

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

property, it shaIl order t owner to compensate the plaintiff in an amount

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

(2) The remedy provided ·n subsection 0) of this section shaIl be in

addition to other remedies pro .ded 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 revent an owner or user of property

aggrieved by the construction and eration of a facility from seeking

damages that result from a subseq nt 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 such damages

under this section shaIl 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 ofdamage

suffered, and no improvements to the property sub quent 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 of a proposed facility may, at an ime before an

award of damages, abandon the construction or operation of

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

dismissal, however, the owner or operator shaIl 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 in compliance with, the terms and conditions of an

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