( 

# ( 

# IDAHO CODE

CONTAINING THE 

# GENERALLAWS OFIDAHO
ANNOTATED

ORIGINALLY PUBLISHED BYAUTHORITY OF LAWS 1947. CHAPTER 224
REPUBLISHED BYAUTHORITY OF LAWS 1949. CHAPTER 167 AS AMENDED



### Compiled Under the Supervision ofthe Idaho Code Commission

R. 

### DANIEL BOWEN THOMAS A. MILLER RICHARD F. GOODSON COMMISSIONERS MAXM. SHEILS, JR. EXECUTIVE SECRETARY



### TITLES 39 (44-83), 

### 40

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iii39-5801 HEALTH AND SAFETY

CHAPTER 58
HAZARDOUS WASTE FACILITY SITING 86

SECTION. 39·5801. Shorttitle. 39·5802. Legislative intent. 39-5803. Definitions. 39·5804. Methods ofhazardous 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 ofplan. 39.5808. Siting Iieenae required. 39-5809. Permits and licenses

- lasuance prior to adoption ofplan. 39·5810. Licenses

- Issuance after adoption ofplan. 39-5811. Expansion, enlargement or alteration oftreatment, 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 ofdirector upon receipt ofa 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 (Repealed) 39-5816.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· tricthealth departments. 39-5820. Remedy for devaluation ofproperty 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 chapteris 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 improperland disposal ofhazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matterofstatewide concern, and the provisions ofthis chapter are therefore enacted to provide an effective method ofestablishing such sites. (2) Itis the intent ofthe legislature ofthe state ofIdaho that generators ofhazardous 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. Alternative management technologies which detoxify, stabilize and reduce the amount ofhazardous 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 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 ofIdaho may be responsible for the perpetual care ofhazardous 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 actpermittingprocess as setforth in section 39-4409, Idaho Code. The site license is a preliminary, general review which is notbased on the type ofspecific, detailed technical informationrequired forthehazardous waste managementactpermit. [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.. Secti9n 2 ofS.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 (;ode. (2) "Committee"means the state hazardous wastemanagementplanning 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 II 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 managed hazardouswaste, as definedbyrule, isintentionallyplacedintoor 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 whichmay be divided bya 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 person butconuected 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 the person responsible for the overall operation of
a disposal, treatment orstorage 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 managementplan 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) "TitleII ofthe solidwaste 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.C., § 39-5803, as added by 1985, ch. 113, § 1, p. 220; am. 2001, ch. 103, § 50, p. 253.)

Compiler's notes. Thereference 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 conductoftheir duties under the provisions oftli chapter and underthe provisions efchapter 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 representdiverse eographical areas ofthe state. No laterthan 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 ofcity go nment; (b) One (1) representative ofcounty 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 ofan environmental group; (g) One (1) member ofa conservation group; (h) 1\vo (?,) 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; (/) Afaculty member ofa university orcollege in this state well ver d in geology, hydrology or other environmental matters; (m) The director ofthe Idaho transportation department orhis designe (n) One (I) representative ofthe mining industry;89 HAZARDOUS WASTE FACILITY SITING 39-5806

artmentofenvironmental quality, departmentof 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 ofthecommittee shall be elected by the members ofthe commit e and the chairman shall be a voting member ofthe 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 majorityvote shall establish operating procedures. The operating p cedures shall be made available for public review. (6) Inthecond t ofits business, the**committe~shall** solicitthe advice of, and consult period! ly with cities, counties and persons within the state forthepurposeofrec 'vinginformation oradvice thatmay be helpful in the preparation ofthe pia (7) Employees ofthe water resources and the mittee on a priority basis. (8) The committee shall eli band after final approval ofthe plan by the legislature. (9) Upon petition tothe direc and thedirector'srecommendationtothe governor, thegovernorshall appoi a committeein the same manneras the original conunittee to amend orrev e the plan. (10) The committee shall hold its rst meeting as soon as practicable afterconfirmationby the senate. [I.C., 39-5805, as added by 1985, ch. 113, § I, p. 220; am. 2001, ch. 103, § 51, p. 3.1

.

Compiler'sDotes. Section 50 ofS.L. 2001, ch. 103 is compiled as § 39-5803.

39·5806. Statehazardous waste sitingm 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 ofgenerators, health and safety, conomics of transporting, types ofwaste 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) Thecommitteemayinstructthe departmentofenvironmental qu ity, the department ofwater resources and the transportation department complete studies as considered reasonably necessary for the completion

### 39-5807 HEALTH AND SAFETY 

### 90

neration within this state orfrom otherstates, including the types and qu tities ofthe hazardous waste. (b) inventoryand evaluationofcurrenthazardous wastemanagement practi es and costs, including treatment and disposal, within this state. (c) Ap 'ection ordetermination offuture hazardous waste management needs ba d on an evaluation ofexistingcapacities, treatmentordisposal 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 ntcontrol systems, and an identified needfor additional privately owned state owned treatment, storage, or disposal facilities. (d) 

### An investigatio and analysis ofmethods andincentives to encourage interstate and intern tional cooperationin the managementofhazardous waste. (e) 

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

### An investigation and analy .s ofalternate methods for treatinent and disposal ofhazardous waste. (4) Upon completion ofthe plan, he committee shall publish a notice after giving twenty (20) days' notice s provided in section 60-109, Idaho Code, in a number ofnewspapers and s all issue a statewide news release announcing the availability ofthe planfo inspectionbyinterested persons. The announcement shall indicate where a how the plan maybe obtained
or reviewed and shall indicate that not less an three (3) public hearings shall be conducted atvarying 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 ofthe notice announcing the avail ility ofthe plan. (5) After public hearings, the committee shall epare a written summary ofthe comments received, provide comments the major concerns raised, makeamendments to the plan as necessary an hall fonnally adopt the plan, and shall submit the plan to the legislature the first regular session ofthelegislature 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 ofplan.

- The legislat e shall amend. adopt or rejectthe plan by passageofa 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 ofa 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 altera commercial hazardous waste disposal, treatmentor 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 operatorofthefacilityorsiteratherthanthe buildershall beresponsiblefor obtaining the license, Facilities exempted from permitting under the provi· sions ofsection 39·4409, Idaho Code, shall not require a license under the provisions ofthis chapter. [I.C., § 39·5808, as added by 1985, ch. 113, § 1, p.220.)

- The directormay issuepermits underthe provisions ofchapter44, title Idaho 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 ofplaD.

- After the plan has been adopted by committee, the director shall not issue a license under the provisions oft . 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 ofhazardous 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. Ifth irector exempts classes or categories of hazardous waste treatment, stora or disposal facilities from complyingwiththehazardous wastemanagement ,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 wastetreatment, storage, ordisposal facility in existence onJuly 1, 1985, shall not require a review under the provisions ofthis 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 of39-5812 HEALTH AND SAFETY 92

p .or to July 1, 1985; (b) I commercial hazardous waste treatment or storage facilities notin exist ce prior to July 1, 1985; (c) An on-sitedisposal ofwastes listed pursuantto 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 ofthe above-listed facilities after July 1, 1985. A panel shall co sist often (10) members to be.<'ppointed as provided in subsections (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) members 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 hall be appointed by each ofthe 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 ofthe state shall be appointed to serve on . e review panels for a period oftwo (2) years and may be appointed fo additional two (2) year periods. In addition, a memberwhois a repres tativeofthe state may serve beyond 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 with the advice and consentofthe 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 porti ofthe 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 maybe appointed for additionalthr (3) yearperiods. (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' ofthe city located closest to or in which the hazardous waste treatment, torage, or disposal facility is proposedto be located, atleastone 0) 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 I ger subject to their review. (bl Two (2) members shall beresidents ofthe countywherethehazardo waste treatment, storage, ordisposal facility is proposed to be located an 

# \.93 HAZARDOUS WASTE FACILITYBITING 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 WasteAmendments of1984. referred to in subdivision (IXc). are compiled as 42 U.S.C. § 6901 et seq.

Section 1 ofS.L. 1987. ch. 103 is compiled icularsitinglicense application subjectto 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 shall notifythe city council ofthe nearest· and the board ofcounty commissioners ofa siting license application filed the department, and shallinstructthecity andcounty 

### to appointthe 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 ofthe panel shall constitute a quorum for the transaction ofbusiness 0 e panel and the concurrence ofsix (6) members of the panel shall consti e a legal, action of the panel. All meetings ofthepanel shall be conducted uantto the state open meeting law. (6) The director shall make staffavailable out its responsibilities. (7) Members ofthepanel who are notstateemploy 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 ofthe applicant; (b) The location ofthe proposed hazardous waste treatment, storage, or disposal facility; (c) Engineeringorhydrogeologicinformation to indicate compliance with technical criteria as adopted in the hazardous waste managementplan if applicable; (d) A description ofthe types ofwastes 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 ofhazardous 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 consistencywith 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 licationfee. Thefee shannotexceed seventhousandfive hundreddonars ($7, 00) and shall be based on the cost to the department ofreviewing 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 pursuantto this section may be expen by the director to pay the actual, reasonable and necessary costs incuIT bythe departmentin actingupon a sitinglicense 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 

### directorupon 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 directorofthedepartmentoffis d game, thedirectoroftheIdaho state police, and each division within t departmentthathas responsibilityin land, air or water management, d other appropriate agencies, The notice shall describe the procedur and the schedule based on the complexity ofthe applicationby which e sitinglicense 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 newspaperhaving 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 ofthe proposed action a the location where the complete application package may bereviewed 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 notifythe 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 ofmembers as provided in subsection (3) ofsection 9-5812, Idaho Code. Within thirty (30) days after the notification, the ard of commissioners ofthecountyand the citycouncil shall selectthe mem rs to
serve on the panel. The panel shall be created at thattime and notific

.on ofthe creation ofthe panel shall be made to the chairman. (3) If

### technical criteriaare not applicable, thedirector shall submittoth39-5814 HAZARDOUS WASTE FACILITY SITING 

### 95

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

ade within sixty-five (65) days after a complete applicationis received. 

### ) Iftechnical criteria as adopted in the hazardous waste management plan are 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 a not met, the director shall deny the license and the panel shall be disband

. 

### Ifthe technical criteria are met, the director shall submit to the panel a 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 ifwarranted 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 ofthe facility. The director all also recommend to the panel that the license be issued ordenied. Thed ia] ordraftlicense submittal shall bemade within sixty-five (65) days afte a complete application is received. The director shall immediately notify f applicant and the chairman ofthe panelofthe denial or draft license subm tal.

(S) Within ten (10) days a 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) Seta date and arrange for pub 'cation ofnotice ofa public hearingin
a newspaperhavingmajor circulatio in the vicinity ofthe proposed site, at its first meeting. The public notice hall: (i) Contain a map indicating the 

### 10 tion ofthe 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 copies ay be obtained; (ii) Identify the time, place and location for he public hearing held to receivepubliccommentand inputon the appli tion for a sitinglicense; (b) Publish the notice notless than thirty (30) da before the date ofthe public hearing and the notice shall be, at a 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 or i 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 impactofaccident during the transportation
ous waste; (b) The risk offires or explosions from improper treatment, stor disposal methods; (c) The impact on local units ofgovernmentwhere the proposed haz dous waste treatment, storage, or disposal facility is to be locatedin te ofhealth, 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 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 t the concerns and objections are mitigated by proposing additional con ions 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 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 ofthe panel's recommendation. Ifthe panel recommends diffe nt or additional conditions, a clear statement of the need for the conditio must be submitted to the director. Ifthe panel recommends denial, a clear tatement ofthe reasons for the denial must be submitted to the director. (11) The director shall issue siting license if the director determines that: (a) The technical criteria are 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 ofaccident g transportation ofhazardous 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 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. (12) An applicant denied a siting license pursullDt to t is chapter or any person aggrieved by a decision ofthe directorpursuant to 's chaptermay withintwenty-eight(28) days, afterall remedieshavebeene 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 ofS.L. 2000, ch. 469, S.L. 1993. ch. 216 are compiled as §§ 39·4909 are compiled as §§ 39-4410 and 39·6316. reoapproval ofsitinglicense application

- Timetable for consideration ofproposed facility

- PublichearingNotice

- 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 ofa hazardous waste tre ment, storage, or disposal facility in that city orcounty. [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 ofthis chapter for purposes ofadministration 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 ofthis chapter shall be deemed to be

(2) Apersonregulatedundertheprovisions ofthis chaptermay designate
a record, site license application, otherinformation, ora portion ofa record, sitelicense application, orotherinformationfurnished to orobtained by the departmentorits agents, 

### as beingonlyfor theuse ofthedepartmentand the panel. The material shall then be subject to disclosure accorGing to chapter 3, title 9, IdallO Code. (I.C., § 39-5818, as addedby 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 ofS.L. 1991, ch. 329 provided that §§ 3 through 45 and 48 through 110 ofthe act should take effect July 1. 1993 and that §§ 1,2,46and 47 take effectJuly I, 1990.

men. The department may certifY a city, county or health district to administer orce portions ofthis 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 oftitle I e solid waste disposal act. Certifi· cationprocedures shall be establishedbyt artmentbyrule [rules] and regulations. The director may rescind certification therequest 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

\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) Beforeconstruction ofa hazardous wastetreatment, 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 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 cility will result in the devaluation ofthe plaintiff's property or will othe ise interfere with the plaintiff's rights in the property, it shaIl order t owner to compensate the plaintiffin an amount equal to the value ofthe p intiff's loss. (2) The remedy provided ·n subsection 0) of this section shaIl be in addition to otherremedies pro

.ded bylaw for owners orusers aggrieved by the proposed construction and eration ofa hazardous waste treatment, storage, or disposal facility. (3) Nothing in this chapter shal revent an owner or user ofproperty 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 ofthe design or operation fthe facility is approved. (4) Forthe purpose ofassessing damages, the alue oftherights affected is fixed at the date the sitinglicense is approved d the actual value ofthe rightatthatdateis the basis for the determination the amountofdamage 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 ofa facility, v ue is fixed at the date ofapproval ofthe siting license. (5) Theowneroroperatorofaproposed facility may, atan imebeforean award ofdamages, abandon the construction or operation of any modification and cause the action to be dismissed. As a ndition of dismissal, however, the owner oroperator shaIl compensate the p ·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 in compliance with, the terms and conditions of an approved hazardous waste operations permit pursuant to section 39-4409,