# •• .' -.,-.i' 

# • IDAHO CODE

CONTAINING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

I

ORIGINALLY PUBLISHED BY AUTHORITY OF LAWS 1947, CHAPTER 224

REPUBLISHED BY AUTHORITY OF LAWS 1949, CHAPTER 167 AS AMENDED 

# • Compiled Under the Supervision ofthe Idaho Code Commission

PHILLIP M. BARBER WILLIS E. SULLIVAN JESS B. HAWLEY, JR. COMMISSIONERS



## VOLUME SEVEN A

.- :

..



### THE MICHIE COMPANY 

### LawPublishers CHARLOTTESVILLE, VIRGINIA

# • \

## -,

COPYRIGHT © 1948, 1961, 1977, 1985
BY

THE MICHIE COMPANY

All rights reserved

. 

# •

•

# • PUBLISHER'S NOTE

Since the publication in 1977 of revised Volume 7A, many of the laws containedtherein have been amended or repealed and many new laws have been enacted. The laws in Title 40 concerning highways and bridges were entirely repealed and replaced in 1985 and parallel reference tables have beeninserted precedingTitle 40 which indicate where the subjectmatterof the former statutes is now codified and where the subject matter of the present statutes was formerly codified. Accordingly, this replacement volume is issued with the approval and under the direction of the Idaho Code Commission. Volume 7A contains the laws governing health and safety andhighways andbridges.

This replacement volume contains laws enacted by the Idaho legislature through the 1985 regular session and annotations of cases interpretingthe Idaho Code from thefollowing sources: Pacific Reporter 2nd SeriesthroughVolume 694, p. 1133. Federal Supplementthrough Volume 601, p. 1037. Federal Reporter 2nd Seriesthrough Volume 754, p. 394. United States Supreme Court Reports, Lawyers' Edition, 2nd Series through Volume 83, p. 985.

West'sBankruptcyReporterthrough Volume 46, p. 246. 

# • Following is an explanation ofthe abbreviations ofthe Court Rules used throughouttheIdaho Code.

I.R.C.P. Idaho Rules ofCivil Procedure I.C.R. Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules I.J.R. IdahoJuvenileRules I.A.R. IdahoAppellate Rules 

### : ' I.C.A.R. Idaho CourtAdministrative Rules 

### I.I.R. Idaho InfractionRules I.R.E . Idaho Rules ofEvidence



# .

# . '

.. : t iii 

# • i110-.

,

# ..

# .... 

# •

• - 

### ,I:

,J,. 

### ADJOURNMENT DATES OF SESSIONS OF LEGISLATURE

Article 3, § 22 of the Idaho State Constitution provides: "No act shall take effect until sixty days from the end of the session at which the same shall havebeenpassed, except in case ofemergency, which emergency shall be declared in thepreambleor in thebody ofthe law." Section 67-510 Idaho Code provides: "No act shall take effect until July 1 of the year of the regular session or sixty (60) days from the end of the session at which the same shall have been passed, whichever date occurs last, except in case ofemergency, which emergency shallbe declared in the preambleor body ofthe law. Everyjointresolution, unless a different time is prescribed therein, takes effect from itspassage."

This table is given in orderthatthe effective date ofacts, not carrying an emergency or which do not specify an effective date, may be determined with a minimum ofdelay. Year 1921 1923 1925 1927 1929 1931 1931 (E. S.) 1933 1933 (E. S.) 1935 1935 (1st E. S.) 1935 (2nd E. S.) 1936 (Srd E. S.) 1937 1937 (E. S.) 1939 1941 1943 1944 (IstE. S.) 1944 (2nd E. S.) 1945 1946 (IstE. S.) 1946 (2nd E. S.) , 1947

1949 1950 (E. S.) 1951 1952 (Lst E. S.) Adjournment Date March 5, 1921 March9,1923 March 5, 1925 March 3, 1927 March 7, 1929 March 5, 1931 March 13, 1931

March 1, 1933 June 22, 1933 March 8, 1935 March 20, 1935
:........................................ July 10, 1935 July 31, 1936 March 6, 1937 November 30, 1938 March 2, 1939 March 8, 1941 February28, 1943 March 1, 1944 March 4, 1944 March 9,1945

.. .. March 7, 1946 March 7,1946 March 7, 1947 March 4, 1949 February 25, 1950 March 12, 1951 January 16, 1952 

# • v

# • vi ADJOURNMENT DATES

Year Adjournment Date 1953 March 6, 1953 1955 March 5, 1955



# • 1957 March 16, 1957 1959 March 9, 1959 1961 March 2, 1961 1961 (1st E. S.) August4, 1961 1963 March 19, 1963 1964 (E."8,) August 1, 1964 1965 March 18; 1965 1965 (1st E. S.) :...... March 25, 1965 1966 (2nd E. S,) March 5, 1966 1966 (3rdE. S,) March 17, 1966 1967 March31, 1967 1967 (1st E. S.) June 23,1967 1968 (2nd E. S,) February 9,1968 1969 March 27,1969 1970 March 7,1970 1971 .. : 'March 19, '1971. 1971 (E. S,) April 8, 1971 1972 ;........... March 25, 1972 1973 March 13, 1973 1974 March 30,1974 1975 March 22, 1975 1976 March 19, 1976 1977 March 21, 1977. 1978 March 18, 1978 1979 March 26, 1979 1980 '............................... March 31, 1980 1981 March 27,'1981: 1981 (E. S,) July 21, 1981 1982 March 24,1982" 1983 April 14, 1983, 1983 (E. S.) '. May 11, 1983 1984 :............................ March 31,1984 1985 March 13, 1985



# •. .,

# :"'~'>. ":".::;:'.<:.':'

.,::,'

..

# ~. ", :'

... :.

# >.

....'.':."

....':,,:-,,:. 'd':'
,.;.'::

# ::~:: ;,'

# ~,;.::- ",,'.:'" ':.' .'':. ,':,'>

.. (. :'. '

.....

# :,~: ".".:.'. : -.'; .

# ':.;~.:; ....:'.:'.

# >::·\::,:;·~..

# :i::';:~'

., 

# • 299 HAZARDOUS WASTE MANAGEMENT 39-4402

CHAPTER 44

I HAZARDOUS WASTE MANAGEMENT 

# I I

SECTION. SECTION. 

# I 39-4401. Shorttitle. 39-4416. Citizen suits. 39-4402. Legislative findings and purposes. 39-4417. Hazardous

.waste emergency acI 39-4403. Definitions. count. 

## I 39-4404. Consistencywithfederal law. 39-4417B. Hazardous waste training, emer­ 39-4405. Rules and regulations in general. gency and monitoring ac­ 39-4406. General powers and duties of di­ count. rector. 39-4418. Local governmentnotice. 39-4407. Identificationofhazardous wastes. , 39-4419. Interstatecooperation. 39-4408. Unauthorized treatment, storage, 39-4420. Employmentsecurity. 

# '1 release, or disposal of hazard­ 39-4421. Goodsamaritanprotection. ous wasteprohibited. 39-4422. Severability. 39-4409. Permit requirements for hazard­ 

# I 39-4426. Appointment of health inspectors. ous waste treatment storage, 39-4427. Hazardouswastedisposal fee. or disposal facilities. 39-4428. -Collection of fees --- Returns. I 39-4410. Transportation of' hazardous 

## I 39-4429. Books and records to be preserved waste. I .- Entry and .Inspection by ! 39-4411. Records ---.,. Reporting

- Monitor­ '.. !.

. . ing..

. '.

. '. departmentofhealth and wel-

..**39~4412.** Inspections·- Rightofentry. fare. 39-4413. Enforcement procedures. 39·4430. Additions and penalties. 39-4414. Remedies. 39-4431. Collection and enforcement. 39-4:415. Violations constituting misde­ 39-4432. Distribution of hazardous waste
meanors. disposalfee revenues.
01. Short title.

- This act may be known and cited as th/ 

# • us Waste ManagementAct of 1983." [I.C., §

### ,39~4401, as add "by 1983, ch. l' ,§ 1; p. 416.]

Compiler's note refer to S.L. 1983, c . 154, § 1 which compiled as §§ 39-4401 thr gh 39-4422.**39-4402~** Legislative (1) The legislature of theState ofIdahofinds: (a) That continuing technologi I progress

. creases in manufacturing, and the abatement of air and er p ution have resulted in everincreasingquantities ofhazardouswa e; (b) That the public health and afe . and the environment, are

i threatened when hazardous wast s are not anaged in an environmenti ally soundmanner; i ! I (c) That the knowledge an I I health, environmental nd aesthetic impacts res ing from current

. hazardous waste m agement and disposal practic generally i available; and 

# i

I (d) That the p lem of proper management of hazardous i become a rna r ofgreatstatewideconcern. (2) There e, it is hereby declared that the purposes of this ac re: 

### \ (a) To roteet the public health and safety, the health of livi i i org sms, and the environment from the effects of the improper, f i dequate, or unsound managementofhazardous waste; 

# •

# •

•

• 39-4403 HEALTH AND SAFETY 300
b) To establish a program to track and control hazardous wastes frorl

; ! t e time they are generated through transportation, treatment, 

### storage,

.



### ! an disposal; and, , /

l t! (c) assure' the safe and adequate management of hazardous 'Y'astes

! withi 

### H 'I Compiler' notes. ·For words "this act," Applicability of '! see Compiler's otes, § 39-440l. waste disposal ;,

.Collateral erences. Validity and construction of stat s, ordinances, or regula­ 

### 11 :1 tions controlling ischarge of industrial wastesinto sewer sy tems. 47 A.L.R.3d 1224. 

## H ,I



### ., . . d



# . 39-4403. Defin

.ons.- As used inthischapter: :i (1) "Board"means he Idahoboard ofhealthandwe 

### H .(2) "Commercial h rdous waste facility or site" eans any hazardous 

# J waste facility whose pri arybusiness isthetreat nt, storage or disposal, q .for a fee or other consid ation, 'of hazardous w, ste generated. off site by H·

. ·.generatorsotl'ier'thanthe 0 nerandoperatoro 

### he facility

. . j :1 (3) "Department" means e Idaho depart ent of health and welfare. ',1 :1 (4) "Director" means the di ctor of the I aho department of health and 11 welfare or the director's authori d agent. 11 (5) "Disposal" means the disch ge, d osit, injection, dumping, spilling, i -q leaking or placing of any hazardo w ste into or on any land or water so " that such hazardous waste or an constituent thereof may enter the 

## i zoning re facilities of governmentalentities. 59 A. the state. [I.C., § 39-4402, as addedby 1983, ch. 154, § I, '. 416.]

environment or.be emitted into t e ir or discharged .into any waters, includinggroundwafers. (6) "Generator" means any pe son, wh by virtue ofownership, management, or control, is responsib for causi or allowing to be caused the creationofa hazardouswast

. . ' (7) "Hazardouswaste". ans a waste or co binationor wastesof a solid, liquid, semisolid, or cont ned gaseous form wH' h.Because of its quantity, concentrationor charac ristics (physical, chemic lorbiological) may: . (a) Cause or signifi antly contribute to an in rease in deaths or an increase in seriou , irreversible or incapacitating eversible illnesses; or (b) Pose a subst tial threat to human health or the environment if improperly treed, stored, disposed of,'or managed. ch wastesinclude, but are not li ited to, materials which are toxic, corr sive, ignitible, or reactive, 0 materials which may have mutagenic, teratogenic, or carcinoge c properties but do not include solid or dissol d material in domesti sewage, or solid or dissolved materialsinirrigatio returnflows

or ind strial discharges which are point sources' subject national poUu on discharge elimination systempermits underthe Fed al Water Pol tion Control Act, as amended, 33 U.S.C., Section 1251 e seq., or
so rce, special nuclear, or by-product material as defined by the tomic

nergy Actof 1954, as amended, 42 U.S.C., Section 2011 etseq. (8) "Hazardous waste management" means the systematic control 0 the ollection, source separation, storage, treatment, transportation, proc sing, and disposal ofhazardouswastes.

# •

• 301 HAZARDOUS WASTE MANAGEMENT 39-4403

### ~9) "Hazardous waste facility or site" means any property, structuz:e,
anc ary equipment intended or used for the transportation, treatm t, stora or disposal ofhazardouswastes. (10)' anifest" means a form used for identifying the quantity, c position, ori ,routing, waste identification coders), and desti ation of hazardous ste during any transportation from the point of g eration to thepointoftr tment, storage or disposal. (11) "Person" eans any individual, association, partner ip, firm,joint stock company, st, estate, political subdivision, blic or private corporation, state 0 ederal governmental departmen , agency, or instrumentality, or any otH legal entity which is reco 'zed by law as the subjectofrights anddub

. (12) "RCRA" means th Resource 1976 as amendedin 1978 an 980.

(13) "Storage" means the ontainment of hazardous wastes, on a temporary basis or for a perio of year , in such a manner as not to constitutedisposal ofsuchhazardo wa es.

. (14) "Transportation" means the ement ofany hazardous wasteto or from a hazardouswastefacility or si (15) "Transporter" means any rson 0 transports a hazardous waste to or from a hazardouswastefa . ity or site. (16) "Treatment" means a y method, tec ique, or process, including neutralization, which is de 'gned not to be an i tegral part of a production process, but which is rat r designed to change e physical, chemical, or biological character or mposition of any hazardou waste priorto storage

or final disposal so,as 0 neutralize suchwaste or so a 0 render such waste nonhazardous or I s hazardous; safer to transport, sto ,or dispose of; or amenable for re very, amenable for storage or reduce in volume. Such term includes ny activity or processing designed to chan the physical form or ch ical composition of hazardous waste so as

ich is 0 render it nonhazard s. (17)" aste" means any solid, semisolid,liquid or containe mater' I for which no reasonable use or reuse is intended or inte ded to be discarded. [I.C., § 39-4403, as addedby 1983, ch. 154, § 4 ;am. 1984, ch. 205, § 1, p. 502.]

Compiler's notes. The Resource Conservation and Recovery Act of 1976, referred to in subdivision (12) ofthis section, is compiled as 42 U.S.C. § 6901 et seq.

Section 2 of S.L. 1984, ch. 205 is compiled as § 39-4410.

. Cross ref. Inspection of hazardous waste carriers, §§ 67-2929,67-2930.

Sec. to sec. ref. This section is referred to in §§ 18-3905,67-2929. 

# •

# •

•

• 39-4404 HEALTH AND SAFETY 302

3 -4404. Consistency with federal law. - The legislature inten
e state ofIdaho enact and carry out a hazardous waste program t at will e ble the state to assume primacy over hazardous waste control om the fede al government.

The Ie islature finds that the RCRA, as amended, 42 U.S.C., ection 6901 et se , and regulations adopted pursuant thereto, establish complex and detaile provisions for regulation of those who generate, ransport, treat, store, nd dispose of hazardous wastes. The legisla re cannot conveniently 0 advantageously set forth in this chapter al the requirements of all ofth regulations whichhavebeen or will be est lished under RCRA. However, I::l theprovisions ofthis chapter, the legi ature desiresto avoid the existence of duplicative, overlapping or con icting state and federal regulatory sys ms.

Therefore, the boar is directed to promulgate r es and regulations which are in substance nsistent with federal regu tions adopted by the administrator of the Uni d States environment protection agency to implement RCRA. The boa d may not promulg e rules and regulations 

# I

J governing activities affected such federal re lations until at least six 

# I (6) months after the promulga .on of such re ations by the environmen­ 'j tal protection agency. The six ) months' lay shall apply, but not, be 

# I limited, to rules and regulatio s concer ing mining waste, mineral 

## 1 I processingwaste, and all other mat ials der study by the administrator I of the environmental protection age y s required by 42 U.s.C. sections 6982(f) and 6982(p). Until such time the board has promulgated rules and'regulations concerning mining mineral wastes and materials under study by the administrator, t se stes and materials shall not be

; considered or defined as hazardous astes der this chapter. Farmers and

I ranchers who treat, store, or ispose of aste pesticides from their operations on lands owned or c trolled by til m shall not be required by 

# ] board rules or regulations to d anythingmore f anfollow the instructions
on the pesticide label and tri e rinse empty cont iners in accordance with

EI Ii 

# i' the RCRA regulations of t environmental prote ion agency. The board !\



## .. maynotpromulgate any e or regulation that wou impose conditions or ,t 

# lt requirements more stri ent or broader in scope tha the RCRA regulations of the environm tal protection agency. The bo rd may, however, 

# n

h promulgate procedur rules and regulations and rule and regulations 

### l( specifically authori d by this chapter or other state atutes without 

# \i showing that thos rules and regulations are required b RCRA or the 

### 1 regulations of th environmental protection agency; provid that those 1 rules and regul ions shall not conflict with this section, othe sections of

l this chapter, RA, or the rules and regulations of the envi onmental 

# i 1,

: protection ag cy. Any rule or regulation promulgated by the bo d shall li' be valid unti it is repealed or modified through the administrative rocess 

## !j'

I f



## .-1

, ' of section -5201, Idaho Code, et seq. [I.C., § 39-4404, as added by 983,

, ch. 154, § 1, p. 416.] I 'I 05. Rules and regulations in general.

- Pursuant to th 

# I:! ures established by the Idaho administrative procedures act, chapter 

# w

# • 303 HAZARDOUS WASTE MANAGEMENT 39-4407

title 67, Idaho Code, the board shall adopt suchrules andregulations as
are ecessary and feasible for the management of the post generati handli ,collection, transportation, treatment, storage, and dispo of hazardou astes within the state. The rules and regulations pro lgated by the boar all be a part ofthis code and shall have the for and effect of law. Such r es and regulations shall include, but no elimited to: (1) Criteria for e determination of whether any wa e or combination
I ofwastesis hazardou or thepurposes ofthis chapter 

## i 

# I I (2) Rules and regulati s for those who genera ,transport, treat, store,

or dispose ofhazardouswas I (3) Rules and regulations, nsistent wi those issued by the United States environmental protection ency nd the United States department oftransportation, for containerizatio labeling and manifesting ofhazard­ 

### ! 

# i 

# I

ous wastes; 

# I	 . (4) Rules and regulations ecifying t terms and conditions under 

# I

1 which the department sh issue, modify, s end, revoke, or deny such i permits as shall be req . ed by this chapter; (5) Lists of thos astes or combinations of astes which are not compatible and w ch may notbe storedor disposed of ether; (6) Procedu s and requirements for the reporting 0 the generation, transporta . n, treatment, storage or disposal ofhazardous stes; 

# • (7) R es and regulations establishing standards and proce es for the trai . g of personnel at generation sites and at hazardous waste cilities sites. [I.C., § 39-4405, as addedby 1983, ch. 154, § 1, p. 416.J

Sec. to sec. ref. This section is referred to in § 39-4411.

39·4406. General powers and duties of director. - The director: (1) Shall take all actions not inconsistent with this chapter as are necessary and feasible to enable the department to assume and continue primacy over hazardous waste management, pursuant to the RCRA as amended, 42 U.S.C., Sections 6901-6987; (2) May conduct and publish studies ofhazardous waste management in
i this state; 

# I 

# I (3) Shall develop, publish, andrevise as necessary a planfor the safe and effective management of hazardous wastes within this state. Such a plan may identify those locations in the state which are not suitable for the establishment of hazardous waste treatment or disposal facilities or sites; 

## i 

# I (4) Shall exercise all powers and discharge all duties expressed in or impliedfrom the othersections ofthis chapter. [I.C., § 39-4406, as addedby . 1983,ch. 154, § 1, p. 416.] 

# I i 

# I 39-4407. Identification ofhazardous wastes. - (1) The board shall establish criteria for determining ifany waste or combination of wastes is 

## l t hazardous or nonhazardous, for the purposes of this chapter. Any waste 

# • > .'I ­

# • 39-4408 HEALTH AND SAFETY 304

which meets the hazardous waste criteria established by theboard shall be considered a hazardous waste regardless ofwhether or not it is included by theboardin a listofhazardouswastes. (2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but without the necessity of a public hearing, list as hazardous any waste or combination of wastes determined to be hazardous by. the United States environmental protection agency. [l.C., § 39-4407, as added by 1983, ch. 154, § 1, p. 416.]

Sec. to sec. ref. This section is referred to in § 39-4411.

3 -4408. Unauthorized treatment, storage, release, or disposal f
ous waste prohibited.- No person shall treat or store hazar ous waste, r shall any person discharge, incinerate, release, spill, pI ce, or dispose a hazardous waste in such a manner that the wast or any constituent ere of,may enterthe environment, unless the depa menthas issued said p son a permit or a variance as required for the specific activity involve or exempted the activity from permitreq . ements. [I.C., § 39-4408, as add by 1983, ch. 154, § 1, p. 416.J

39-4409. Permit quirements for hazardo waste treatment storage, or disposal fa ilities. - (1) No person all construct, operate, or modify a hazardous wa e treatment, storage, r disposal facility or site without a permitfrom the de artment. The 0 r or operatorofthefacility
or siteratherthan thebuilder all be respo ible for obtainingthepermit. The board may exempt classes 0 categori ofhazardous waste treatment, storage, or disposal facilities from e pe itrequirement ifthe exemption is in the public interest and consiste ith RCRA requirements. The fact that a class or category ofsuch facili is not required to obtain a federal permit shall be persuasive evide e th an exemption is in the public interest. Interim status granted y RCRA a permit issuedby the United States environmental protect' n agency pri to the date that the state program is authorizedby th administratorof at agency shall be adopted by the department as a st e granted interim st us or as a state granted permituntil the depart ntissues a new state pe it, (2) The board shall romulgate rules and regula ions establishing the terms and conditio for issuing permits to the desc 'bed facilities and sites. The rules d regulations shall provide for, but ot be limited to: (a) Standards nd procedures for the safe operation and aintenance of thefacilitie and sites; (b) Educ on and training qualifications of personnel at t e facilities and site; (c) C9utractual commitment or consent to each facility or site om all holders ofinterests in the real property committed to that facility 0 site; (q(Monetary assurances in such form and amount as are necessary or l ffective management, maintenance, and monitoring ofthe facilities an sites duringand afteroperation; 

# • /



# ,..,.

# •

•

• , t·· 305 HAZARDOUS WASTE MANAGEMENT 39-4410

(e) Liability insurance in such form and amount as is necessary
c pensate for potential damages caused by the facilities and si es; pro .ded, that liability insurance shall not be required in the eve that liabili insurance is not required by the federal regulation adopted pursuan 0 theRCRA; (f) Emerge equipment and emergency response plan thefacilities a d sites; (g) Public parti

. ation in the 'permitting proces consistent with 42 U.S.C. section 697 ). (3) Permits shall be i ued for a period notto ceed ten (10)years or the maximum period allowe under RCRA, w ichever is greater. Permits issuedto hazardous wastefac 'ties and sit by the departmentpriorto the effective date [July 1, 1983] 0 his ch ter shall be reissued to conform with the provisions of this chapte 

# athe rules and regulations promul­ gatedunderthis chapter. (4) Any permit issued under is sect n may be revoked by the director, pursuant to the provisions 0 ection 39-4 3, Idaho Code, ifthe permitted party fails to comply wi the terms and nditions of the permit, this chapter, or therules a regulationspromulgat underthis chapter. (5) The departme may issue a variance from he requirements of the rules and regulati ns promulgatedunderthis section, if, in thejudgmentof the director, plication of the requirements would use unreasonable hardship a the grantingof a variance would not be ha ul to the public interest inconsistent with RCRA requirements. A vari ce shall not excee ne (1) year in duration and may berenewed or extende only after the epartment provides public notice and an opportunity public

mment. [I.C., § 39-4409, as added by 1983, ch. 154, § 1, p. 416.]

Sec. to sec. ref. This section is referred to in §§ 39-4426,39-4427.

3

- 10. Transportation ofhazardous waste. - (1) The board shal promulga hazardous waste transportation rules and regulatio to control the in tate and interstate transportation of federall egulated types and quantitie hazardous waste. The rules and re tions shall be consistent with the ru and regulations issued he United States department oftransportation d the United St s environmental protec­ :: tion agency. The rules and regula' ns s also be consistent with the 

### .' rules and regulations ofthe Idaho p tilities commission unless such consistency would impair the . acy or t effectiveness of the state's

.hazardous waste managem program. In that c the board shall confer with the commission endeavor to develop mutua acceptable trans-' portation rules regulations. Ifmutually acceptable ru and regula­ ! , tions canno developed, the board shall promulgate transport . n rules I I 

### I. and re ations that minimize conflict with the commission's rule nd 

# ,. ations while assuring the primary authority and effectiveness ofth I' I39-4410 HEALTH AND SAFETY 306 

# •
ate's hazardous waste management program. Rules and regulations p mulgated by the board shall prevail over conflicting rules and re



# • tio ofthe commission. (2) The hazardous waste transportation rules andregulations shal apply to all ansporters offederally regulated types and quantities of h ardous waste nerated either by themselves or by others. These r les and regulatio shall apply to any movement ofhazardous wastes t or from a hazardous astefacility or site. .	 (3) The h ardous waste transportation rules and re provide for bu ot be limitedto: (a) Standard or the containerization and labeling of (b) Standards or the handling and placarding of shipments; (c) A hazardous w te trackingsystem requiringt t:

(i) All transport s of federal regulated ty es and quantities of hazardous waste obt in an identification numb r from the department, the environmental pro ctionagency, or anoth approved state program,

. before acceptinghazardo s waste for transpo ; (ii) All shipments of derally regulat d types and quantities of hazardous waste to be sn' ped off site or received from off site be

.accompanied by a manifest r similar orm describing the hazardous wastebeingshipped anditsde inatio (iii) A copy of each manife or similar form be returned to the generator and/or originator ofthe pment and a copy be retainedby the transporterfor a minimum ofthre 3) years. (4) The hazardous waste tran 0 tion rules and regulations may provide for special routingof haz dous aste shipments in this statewhen necessary to protect the public ealth, t e public safety, or the environment. (5) The owner or operator of a motor ven'cle or trailer transporting on the highways or public ro s of this state ha rdous waste required to be manifested shall be requi ed to purchase a ha ardous waste trip permit. The permit shall be iss ed by the Idaho transp ation department upon the payment of a fe of twenty dollars ($20. ) for each single trip movement or transit of the vehicle or trailer betw en the point of origin and destination as et forth in the permit. No permi hall be required for transportation of ve hundred (500) pounds or less of h zardous wasteby a generatortwent (20) miles or less to an accumulation s'te from which the hazardouswa e will ultimately be transported for fin 1 disposal. The permitmayb in theform of a single trip permitissuedpur uantto section 49-125A, I 0 Code, but shall not be in lieu of any oth' r permits or registrati required pursuant to title 49, Idaho Code. All mon s collected pursuan to this section by the Idaho transportation departme t shall be remitt to the state treasurer for deposit in the hazardous waste raining,

emer ncy and monitoring account created in section 39-4417 Idaho Cod . An amount of money equal to the actual and reasonable st of iss ing the hazardous waste trip permit and collecting the m eys 

# • Q rsuant thereto as determined by the Idaho transportation departrn nt

# •

•

• 1

-. .,



# 1

# I

. I 

## .: I ::1

- 

# !

I

I 307 HAZARDOUS WASTE MANAGEMENT 39-4411

and certified quarterly by the state auditor, shall be transferred**~rom** the

countto theIdahotransportationdepartment.

) No commercial hazardous waste disposal facility or site permitt und section 39-4409, Idaho Code, shall receive hazardous waste fro a motor vehicle or trailer unless the waste is accompanied by a oper manife and the transporter has obtained a special trip permit f· m the Idaho tr sportation department as provided in subsection

. If an improperly ocumented shipment of hazardous waste arrives . a permitted commerc 1hazardous waste facility or site, the owner 0 operator of the facility 0 site shall immediately notify the Idaho ransportation department an the Idaho department of health an welfare. [I.C., § 39-4410, as add by 1983, ch. 154, § 1, p. 416; am. 19 4, ch. 205, § 2, p. 502.]

Compiler's notes. Sectio Sec. to sec. r . This section is referred to 1984, ch. 205 are compiled as in §§ 39-4417B 39-4426. 39-4417B, respectively.

Crossref. Motor CarrierAct, § 61-801­ 61-818.

39-4411. Records

- Rep ting- Mo 'toring.

- (1) Pursuant to the provisions ofsection 39-4405, I ho Code, t eboard shall adopt, and amend

as necessary, such rules and regu tions elatingto records, reporting, and monitoring as may be needed to ac 'ev thepurposes ofthis chapter. These rules may include, but shall not be . ited to, prescribing procedures and requirementsfor: (a) The establishment, mainten nee, nd format ofrecords and reports; (b) The submittal ofrecords a report·

. (c) The taking of samples a the perfo ming of tests and of analyses; (d) The use ofapproved mo toringmetho andtechniques; (e) The installation, cali ration, use, and aintenance of monitoring equipment; and (f) The provision of rel vantinformationto the epartment. (2) Sixty (60) days er promulgation of the err eria and lists specified under section 39-440 ,Idaho Code, and the niles an regulations required under section 39-4 5, Idaho Code, and subsection (I of this section, the generation, trans rtation, treatment, storage, or disp al of a hazardous waste in this st te by any person without reporting su activity to the 

# I . ! department as equiredby theregulationsissuedpursuant subsection (1) I ofthis sectio shallbe unlawful. . I (3) Info ation obtained by the department or by agents, c tractors, or' 

## .! other rep, esentatives of the department, under the provisi s of this

. , ! section d under section 39-4412, Idaho Code, shall be availa e to the public unless the director certifies such information must kept 

# I· I: confi ential. The director may make such certification upon a show g, to the satisfaction of the director, that the information, or parts there f, if 

# I de public, would divulge methods, processes, or activities constitut g ade secrets. Nothing in this subsection shall be construed as limiting t308 

# •

•

• .. 

# . ' " HEALTH AND SAFETY

.sclosure of information by the department to any officer, employee,

au orized representative ofthe state or the United States, as necessa to
carr out the provisions of this chapter or the provisions of RCR . The provisi s of this section shall not limit the department's aut rity to release c idential information during an emergency involvin azardous waste, if t director determines that release of the i ormation is necessary to s eguardthepublicinterest. (4) Each 'gene tor shall, at the discretion ofthe direc r, no later than thirty (30) days a r the end of each calendar quart submit a written reportto the departm t includingthefollowing info ation: (a) The types andqua tities ofhazardouswaste enerated; (b) The types and quan 'ties of such wastes ipped for treatment and disposal by landfillingor 0 er means of disp sal; (c) The types and quantities f such was s remaining in storage at the end ofthereportingperiod; (d) Whether such wastes are des in state or whether such wastes ar outsidethis state. (5) The operator of each haza ous was disposal facility or site in the state shall, no later than thi y (30) days a er the end of each calendar quarter, submit a written r ort to the depart ent providing information

on the types and quanti 'es of wastes received ich were generated in Idaho, andinformatio on the types and quantiti s of wastes received whichwere generate m otherstates

. (6) Prior to Dec ber 31 of each year the departme report to the vernor and the legislature detailing e types and quantities of azardous wastes generated in this state, t types and quantities 0 such wastes shipped for treatment and disposal by ndfilling

or other eans of disposal, the types and quantities of sucll wastes remain' g in storage at the end ofthe mostrecentreportingperiod a the types nd quantities of hazardous waste generated outside this state d shi ed into this state for storage or disposal. [I.C., § 39-4411, as added 0 83, ch. 154, § 1, p. 416; am. 1984, ch. 258, § 1, p. 618.]

Sec. to sec. ref. This section is referred to in § 39-4429.

39-4412. Inspections

- Right of entry.

- (1) All inspections and searches conducted under the authority ofthis chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consent from the property owner or occupier or exigent circumstancessuch as a publichealthor environmental emergency.

.

# .

. 

### . 'j 

# '/

1

j
\



# ,.. i/ 

# • 309 HAZARDOUS WASTE MANAGEMENT 39-4413

(2) For the purposes of developing or enforcing any provision of this chapter or any rule or regulation authorized by this chapter, any duly authorized state employee or representative may, upon presentation of appropriate credentials, at anyreasonabletime:

(a) Enter upon any private or public property where hazardous wastes
are or have been generated, transported, treated, stored, or disposed of to inspect and to secure samples of such wastes, their containers, and their labels; (b) Enter into any aircraft, vehicle, vessel, rail car, trailer, van, or other

means ofconveyance where hazardous wastes are or have been contained to inspect and to secure samples of such wastes, their containers, and theirlabels;

. (c) Enter any private or public property, or means ofconveyance, where records, reports, information or test results relating to the generation, transportation, treatment, storage, or disposal ofhazardous wastes exist to inspect and copy suchdocuments. (3) Upon request by an authorized agent of a property owner or facility operator, the department shall provide the property owner or facility operator with a receipt for samples taken and a copy of sample analysis. Duplicate samples shall similarly be provided upon request if the requesting party agrees to have the samples analyzed and to share the results of the analysiswiththe department. 

# • (4) The right ofentry of a duly authorized state employee or representative shall not be subject to the waiver of any potential tort liability ofthe facility owner or operator. The right of entry of a duly authorized state or health district employee shall not be subject to any confidentiality requirements other than those specified in section 39-4411(3), Idaho Code. The right of entry of a privatecontractor working in a representative capacity for the department may, however, be made subject to additional confidentialityrequirements so long as those requirements do not interfere unreasonably with the development of information by the department or the transmission of information from the contractor to the department or theUnitedStatesenvironmentalprotection agency. (5) Any magistrate or district court judge is authorized to issue an administrative search warrant upon a request from the director describing reasonable cause for issuance of the warrant or the existence of a reasonable program of inspection. [I.C., § 39-4412, as added by 1983, ch. 154, § 1, p. 416.]

3. Enforcement procedures.

- Whenever the director mines that a erson is in violation ofanyprovision ofthis c er or any permit, standard, r tion, condition, requirement,...-c mpliance agreement or order issued or pro ted pursua is chapter, the dirctor·· maycommence one or more ofthe**fo~~a:lf:** i:



# .. (1) ADMINISTRATIVE AC S. (a) Departmental fated Compliance Proceedm 1. Notice e director may commence a departmenta rcement y giving a person believed to be in violation of the 

# • i .'. 

# l' .I

i I 

## I

# •

•

• 39-4413 HEALTH AND SAFETY 310

itten notice of violation. The notice shall state with reasona e
s cificity the nature of the problem and likely actions which the

rec ient should take to remedy the alleged violation. The notic shall also tate that a civil penalty could be imposed against the reci ient if the vi ation is not remedied within thirty (30) days. The no ce shall inform e person to whom it is directed of an opportunit to confer with the irector concerning the alleged violation. The otice may require a ittenresponse withinfifteen (15) days. '2. Scheduli Compliance Conference. If a recipient f a notice of violation con cts the department within fifteen (15) ays ofthe time "the recipient r ceived the notice, the recipient sha be entitled to a compliance confe ence. The conference shall be hel withintwenty (20) days ofthe date tH notice was delivered to there pient, unless a later date is agreed to. T e conference shall be held ring normal working hours at the local fi d office of the departme t's division of environment located closest to the recipient's place 0 business or at any other date, time and location utually agreeab to the recipient and the department, 3. Compliance Conference. he complia e conference shallprovide an opportunity for a recipient of a not' e of violation to explain the circumstances of the allege viola'on and, where appropriate, to present a proposal for future 0 liance. If the recipient and the director agree on a plan to brin he recipient into compliance, they may enter into a voluntary co .ance agreement formalizing their understanding. The complianc agr ement may include provisions for the payment of state costs a ociate with the alleged violation and monetary assessments in li of civil p nalties. All funds secured by a compliance agreement sh be paid in the hazardous waste emergency account createdby ection 39-4417, daho Code. 4. Effect of Compliance l\greement. A com liance agreement shall be effective immediately pon its being signed. f a party does not comply with the terms ofth compliance agreement t director may seek and obtain in any app priate district court speci c performance of the agreement and s h other relief authorized by s ction 39-4414, Idaho Code, as the c rt considers to be just and re sonable under the circumstances. (b) PermitSus nsion or Revocation Proceedings. 1. Grounds The director may revoke or temporari permit of ny hazardous waste facility or site if the p mitted party 'failsto eet the requirements of a compliance agreem nt or if the permit dpartycommits a violation ofthelaw or a permit ich: (i) reates or hascreated a substantial threatto the publi ealthor to	 e environment; or

. ) Is repetitious of prior violations of the same or rovisions ofthe law; or (iii) Is allowed to continue or is not corrected within thirty (30) of a notice ofviolation

. 

# I
I 

# .I



# I
\ I j 

## I

I 

## j

# • 311 HAZARDOUS WASTE MANAGEMENT 39-4413



### Pi violation that is shown to have occurred as the result of an'

un reseeable act of God despite a permitted party's reasonable effovt's to c ply with all applicable legal requirements shall not be groub.ds for a s spension or revocation.

. 

# L

-! > 2. Noti e ofHearing. The director may commence a permit suspension



### .. or revoc ion action by giving a permitted party a written,otice of 

# 1 intent to uspend or revoke. The notice shall inform the/permitted 

## J partyof fac or conduct which warrant suspension or revocation ofthe

t permit. The otice, hearing, and record requirements or contested 

## f cases containe in the Idaho administrative procedure ct, chapter 52, 

## 1 title 67, Idaho de, and subsection (Die) ofthis secti shall apply to (i!-- -", 

## ­ s .- proceedings initia ed under this subsection. Revoca on or suspension of a permit shall come final fifteen (15) days er delivery of the 

### +: notice of intent to evoke or suspend unless e permitted party

.- requests a hearing. ! 

## I 3. AdministrativeHear g Provisions. 

## w (i) Upon a timely requ t by a permit hoI r for a hearingto review .j; -. 

## "I the director's action u er subsection 1)(b) of this section, the director shall promptly c duct a hea ng open to the public. The contested case provisions 0 the Idah administrative procedure act shall applyto all hearings co ucte nderthis subsection. 

# • (ii) The director shall have th au orityto request from the district court in and for Ada county or yother appropriate district court the issuance of an order in the ture of a subpoena compelling the attendance and testimony of tne es and the production before the director of papers, books, awing documents, test results, and other evidence relevant 0 a pe it suspension or revocation investigationor adjudica .on. (iii) After the hearing the director sh I issue a written opinion setting forth findings of fact, conclusion of law and an order. An aggrieved person su ect to the director's 0 ermay seek its review

as a final order .n a district court as ovided by the Idaho administrative p cedure act. District court r view of the director's decision shall b limited to the record develope before the director. (2) CIVIL ENFO EMENT ACTION. The director ay commence and prosecute in distri court a civil enforcement action a inst any person who is alleged t have violated this chapter or any p it, standard, regulation, con tion, requirement, compliance agreement, r order which has become e ective pursuant to this chapter. Such action may be for appropriate elief or remedies specified in this chapter or any other applicable w. Thedirector shall notbe required to initiate or pr secute an administr tive action before commencing and prosecuting a civ action. (3) L ITATION OF ACTION FOR ADMINISTRATIVE AND CIVIL COUR PROCEEDINGS BROUGHT UNDER THE PROVISIO OF THI CHAPTER. No civil or administrative proceeding may be broug t to
rec er for a violation ofthis chapter or any permit, standard, regulatI n,
co dition, requirement or order issued or promulgated pursuant to tIl' apter more than two (2) years after the director had knowledge or ough 

# •

,..312 

# •

•

• HEALTH AND SAFETY easonably to have had knowledge of the violation. a ed by 1983, ch. 154, § 1, p. 416.]

Se to sec. ref. This section is referred to in §§ 3 ·4409, 39-4429.

39-441. Remedies. - The remedies specified In cumulativ andnonexclusive. (1) MaN TARY PENALTIES. (a) Any pe on who makes a false statement or represe tation in any application, bel, manifest, record, report, permit or ther document filed, maintai ed, or used for the purpose of co lying with the provisions ofthi chapter shall be liable for a civil p alty not to exceed ten thousand doll s ($10,000) for each separate vio tion or for each day of a continuingviol ion. (b) Any person who violates this chapter or any permit, standard, regulation, condition, requirement, complia e agreement, or order issued or promulgated p rsuant to this chapt r shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each separate violation or for each day of continuingvio ation. (c) The imposition or compu tion of mo etary penalties may take into account the seriousness ofthe iolatio and good faith efforts to comply withthe law. (2) ASSESSMENT OF COSTS. A y erson who violates this chapter or any permit, standard, regulation,ondition, requirement, compliance agreement, or order issued or prom ga ed pursuantto this chaptermaybe assessedfor: (a) The state's costs for an nonroufi e investigations, inspections, monitoring, or surveys whic eadto evide ce ofthe violation; (b) The state's costs, inc ding the rea nable value of attorneys' services, for preparingan itigatingthe case, (c) The state's costs for itigating, removing, orrecting or terminating adverse effects upon oil, air, or water qua 'ty resulting from the violation; (d) The state's cost for impounding, storing, and isposing of contaminatedproperty; (e) Compensatio for damages to publicly held resou es including but not limited to, and, water, recreational uses, wildlife, sh and aquatic life to restore e resource to itshighestprevious use; CD Compen tion for damages to privately held resources 1 eluding, but not limite to, livestock, land, water, or other personal p perty, and compens ion for court costs allowed by statute, reasonable ttorney's fees for rial preparation and trial of the case, and all other re

for ial sonable costs trialpreparation andtrial ofthe case; (g) ompensation for damages to personal health and compensati co costs allowed by statute, reasonable attorney's fees p eparation and trial of the case, and all other reasonable costs of t

reparation andtrial ofthe case;

# • 313 HAZARDOUS WASTE MANAGEMENT
h) The imposition or computation of costs may take into account e s iousness ofthe violation and good faith efforts to comply with the aw. (3) ESTRAINING ORDERS, INJUNCTIONS AND OTHER R IEF. 

# I (a) y person who violates any provision ofthis chapter or an permit, standa ,regulation, condition, requirement, compliance agr ment, or order iss ed or promulgatedpursuantto this chapter shall be ubjectto a permanen or temporary injunction, restraining order, 0 other relief 

# I deemed app priate. Upon a showing to the court tha a violation is causing an im inent hazard to the public health, the p lie safety, or to the environmen the department need not allege or p ve at any stage of the proceeding th t long term irreparable damage ill occur should the injunction or order ot be issued or thatthe remed at lawis inadequate. (b) A receiver may appointed to oversee or perate any hazardous waste facility or site w ich is established '01' 0 rated in violation ofthis chapter or any standard, egulation, conditio ,requirement, compliance agreement, or orderissue r promulgated rsuantto this chapter. (4) PAYMENT TO HAZA OUS WAS EMERGENCY ACCOUNT. Moneys recovered by the depar ent pur ant to subsections (1), (2), and (3) of this section and any m eys aid to settle any enforcement proceeding instituted under section 9 413, Idaho Code, shall be paid into the hazardous waste emergency acco t created by section 39-4417, Idaho 

# I Code. [I.C., § 39-4414, as added by 98 ch. 154, § 1, p. 416; am. 1984, ch. 157, § 1,p. 383.] 

# • I I tuting misd eanors.

- (1) Any person who knowingly makes a false statemen or representation in any application, label, manife ,record, report, perm' ,or otherdocument filed, maintained or used for t e purpose ofcomplying

.th the provisions ofthis 

# I chapter shall be guilty. of a misdemeanor and subje t to a fine ofnot more 

# I

I than ten thousand dellars ($10,000) or to imprisonm t not to exceed one 

# I I (1) year, or to bo ,for each separate violation or or each day of a continuingviolati n. 

# I .j (2) Any pel'S who knowingly violates any provision 0 this chapter or any permit, andard, regulation, condition, requiremen agreement, order issued or promulgated pursuant to this apter shall be guilty a misdemeanor and subject to a fine of not mol' than ten

ill 

# •• 

# !

c thousan ollars ($10,000) or to imprisonmentnotto exceed one ( year, or to both or each separate violation or for eachday of a continuingvi ation. 

# I 

# I 

# I

I (3) n action may be commenced and prosecuted by the 

### att rney gen a1. The director shall not be required to initiate or prosecut an a inistrative or civil action before the attorney general may commen e d prosecute a criminal action. [LC., § 39-4415, as added by 1983, ch. 154, 

# Ij § 1,p. 416; am. 1984, ch. 54, § 1,p. 94.] 

# I**.~** 

# • t ; 39-4416. Citizen suits.

- (1) Except as provided in subsection (2) of 

## ! j. this section, any person who has been injured or damaged by an alleged !" 

## f violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may commencei .'

"[
i 

# • i 

## I ,j i 

## :1

I i :j 

# ;I ,I


### :,1 :j 

## i
i i



### , i

, 

# I -I

i 

## r 

## -' 

# '.'



# • 39-4417 HEALTH AND SAFETY 314

a civil action on that person's own behalf against any person alleged to have committed the violation. A person commencing an action under this section shall be required to file a bond or equivalent security in 'an amount notlessthanone thousanddollars ($1,000). (2) No action may be commenced under subsection (1) of this section if the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) of this section unless the plaintiffhas given the department sixty (60) days' notice and substantial evidence of the violation upon which the citizens' action is based. However, ifthe department commences an action in a court ofthe state of Idaho, any interested person may intervene as provided in rule 24(a) oftheIdahoRulesofCivilProcedure. (3) 

### In any action under this section, the departmentmay intervene as a matter ofright. " , , , , (4) ,When issuing any final order in.any action brought pursuant to this

. section, the' 'court may' award costs of litigation, including reasonable' attorney and expert witness fees, to any prevailing party, whenever the court determines such an award is appropriate, except that the state of Idaho shall not be required to pay such costs in any citizen suit where the statehasbecome a party. ' (5) Nothing in this section shall restrict any right which a person, or class of persons, may have under any other statute or the common law. [I.C., § 39-4416, as addedby 1983, ch. 154,'§ 1, p..416.]

17. Hazardous waste emergency account. (1) There is" hereby ated an account in the agency assetfund in the state treasuryto be designa thehazardous ,:asteemergency accou.nt..

. /" " ,

:(2) The aced t shall .consist of moneys appropriated to the-account by the legislature, m eys allotted to the account as a result pr-<1epartmental compliance proceedi , moneys allotted to the account-in a court ordered award or judgment, mo ys allotted to the account in a court approved settlement, andmoneys con ibuted to the accountfrom othersources. (3) Moneys in the account be used by-the director in the case of a hazardous waste emergency to thl;!/I;,ecessary costs of preventing, neutralizing, or mitigating any thre**~o** the public health or safety, or to theenvironmentcausedby thate

### e~en . (4) The board may promulg regulatio for the withdrawal anduse of funds from the account as s cified in subsectio 3) ofthis section. (5) All moneys place In the account are here perpetually appropriated to the departm t for the purposes described in bsection (3) ofthis section. All exp itures from the account shall be,pal out in warrants drawnby the te auditoruponpresentationoftheproperv chers. (6) Pen 'ng use, surplus moneys in the account shall be inv ted by the state easurer in the same manner as provided under section 7-1210, Id 0 Code. Interest earned on the investments shall be returned the

ccount. [I.C., § 39-4417, as added by 1983, ch. 154, § 1, p. 416.]

# •

•

• 39-4419 HAZARDOUS WASTE MANAGEl\IENT

Sec. to sec. ref. This section is referred to §§ 39·4413 and 39-4414.

3 -4417B. Hazardous waste training, emergency and monitorin 315

acco t. - (1)There is hereby created an account in the dedicated fun In the sta treasury to be designated the hazardous waste training, e ergencyan monitoringaccount. (2) The countshallconsistof: (a) Mone appropriated

### to the account; . (b) Moneys provided in sections 39-4410 and 39-4432, . (c) Donations gifts andgrantsfrom anysource; and

(d) Any other pneys whichmayhereafterbe providedbll aw. (3) Moneys in t account may be appropriated for y or all of the following purposes: " (a) Acquisition 

## ofp perty andequipment byfhe partrnentofhealth

.**~nd** welfare**"~o"** analyz monitor, contain, collect 0 dispose ofhazardous wastes; (b) Employment of or co tracting wid). necess ry personnel to analyze, monitor, contain, collect or ispose ofhazardo s wastes; or (c) Employment ofindividu s or contracti g with individuals or corporations to respond throughou the state to health and environmental problems which may be caused hazar ous waste emergencies or spills, improperly packaged or handled az dous waste or the alleviation of damages 

## to the people and environ eni of the state"ofIdaho caused by' " such emergenciesor spills. (d) Taking removal or remedia acti relating to hazardous wastes which the departmentdeems n cessary prevent, minimize or mitigate damage 

### to the public healt and welfa environment. [I.C., § 39-4417B, as addedby 19 ,ch. 205, § 3,
Compiler's notes. Sections 2 a d 4 of S.L. Sec. to se ref. This section is referred to 1984, ch. 205 are compiled as §§ 9-4410 and in §§ 39-4410, 9-4432. 39-4426, respectively.

39-4418. Local g ernment notice. - A permit r a new hazardous waste land disposal acility or site shall notbe issued u il the department has given ninety 0) days' notice to the board ofcounty ommissioners of the county in w ich the proposed facility or site is to located. [I.C., § 39-4418, as a ded by 1983, ch. 154, § 1, p. 416.]

.
nterstate cooperation.

- Thedirector shall ha thepower and the d y 

### to encourage cooperative activities between the d artment and other: states for the improved managementofhazardous waste and so far as 

### J practical, to provide for uniform state regulations d for inters teagreements relating to hazardous waste management. The tate may enter into such agreements with other states to accomplish the pu oses as set out in this chapter. [I.C., § 39·4419, as added by 1983, tho 1 f1, § 1, p. 416.] 

# \

", . .... ..... .. '. :" ". ,'..

# •

• j j
I 39-4420 HEALTH AND SAFETY 316 

# I 39- Employment security. - (1) No employee of a hazardous waste genera transporter or treatment, storage, or disposal faci or 

# I site shall be dismis suspended, or otherwise discrimi e against becausethe employment tes 1 rovides inform . or otherwise assists 

### 1 in the enforcement or administration visions ofthis chapter. 

### I I (2) Any employerwho knowin 0 ates rovisions ofsubsection (1) of this section shall be' e for damages, costs a attorneys' fees, in 

# I addition to an r liabilty for reliefauthorized by this c er, by any other s e, or by the common law. [I.C, § 39-4420, as added by ch. ,§ 1, p. 416.]

39-4421. Good samaritan protection. - (1) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous waste, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose ofany such leakage, seepage or otherrelease, shall be subject to civil liabilities or penalties ofanytype. (2) The immunities provided in subsection (1) ofthis section above shall not applyto anyperson: (a) Whose act or omission caused in whole or in part such actual or threatenedleakage, seepage or otherrelease andwho would otherwisebe liable therefor; or (b) Who receives compensation other than reimbursement for out-ofpocketexpenses for services in rendering such assistance or advice. (3) Nothing in section (1) above shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton, or intentional misconduct. [I.C., § 39-4421, as addedby 1983, ch. 154, § 1, p. 416.]

-4422. Severability.- The provisions ofthis act areherebydecla to be s rable and ifany provision of this act or the application such provision to person or circumstance is declared invalid fo y reason, such declaration II not affect the validity ofremaini portions ofthis act. [I.C., § 39-4422, as ded by 1983, ch. 154, § 1, 6.]

Compiler's notes.For words "this ac ' Compiler's notes, § 39·4401.

39-4426. Appointmentof alth inspec health and welfare shal ssign a sufficient n ber of employees and .J equipment to inspec azardous waste facilities or S1 permitted under section 39-4409 aho Code, and located in Idaho w disposal of hazardous e occurs for the purpose of assuring the prote . n of the health safety of the public by monitoring the receipt and han of ha ous wastes which havebeen transportedby common carrier

.



## ,..

# •

• 317 HAZARDOUS WASTE MANAGEMENT 39-4428
2) The employees ofthe department ofhealth and welfare designated' sub ection (1) of this section shall be agents of the Idaho transportat" n depa ment and the public utilitiescommission for thepurpose of colle ing regula ry and registration fees pursuant to sections 61-811 and -812, Idaho C e, and for collecting fees and permits pursuant to chapte 1, title 49, Idaho Code, which fees have not otherwise been lawfull paid by transporter to the public utilities commission, the Idaho tra sportation department a county assessor in this state and for issui g hazardous waste trip per its pursuant to section 39-4410, Idaho Co . All moneys collected by the epartment's employees as agents ofthe I aho transportation department d the public utilities commission s 

### 1be remitted to the state treasurer or deposit in the proper account s provided by law. (3) All employees the department designated p rsuant to subsection (1) ofthis section shall lert proper authorities or ace officers regarding violations pursuant to t .s chapter, violations p suant to title 61, Idaho Code, and violations pursu nt to title 49, Idaho ode, and violations to any rules and regulations issue pursuant to any of the aforementioned code sections.

All actions broughtfor violat ns ofthep visions ofthis chapteror rules andregulationspromulgatedpur uantth eto shallbe brought as provided for in this chapter. All actions br ugh for violations of the provisions of title 61, Idaho Code, or oftitle 49, I Code, shall be brought as provided in those titles. [I.C., § 39-4426, as ded by 1984, ch. 205, § 4, p. 502.]

Compiler's notes. Section 3 of S.L. 19 4, ch. 205 is compiled as § 39-4417B.

39-4427. Hazardous was e disposal fe - On and afterJuly 1, 1984, there is imposed on the 0 er or operator of very commercial hazardous waste disposal facility or si e permitted under s tion 39-4409, Idaho Code, a fee oftwenty dollars 

### (S 0.00) per ton, or fractio thereof, on all materials disposed ofatthe facili or site. [I.C., § 39-4427, a addedby 1984, ch. 205, § 5,p.502.l

Sec. to sec. ref. Thi in § 39-4429.

39-4428. C llection of fees

- Returns. - The fees [mposed under section 39-4 27, Idaho Code, shall be due and payabl in monthly installmen by the owner, agent, employee, or operator of su hazardous waste faci ltyor site and remittance shall be made to the Idaho partment of healt and welfare on or before the fifteenth day of the m th next
succee mg the end of the monthly period in which the fee accr d. The owne , operator or designated employee or agent of the hazardous waste faci ty or site, on or before the fifteenth day ofthe month, shall make ut a re rn, upon such forms setting forth such information as the depart nt

ay require, showingthe amount ofthe fee for which the owneror operat r

# ••

•

• 39-4429 HEALTH AND SAFETY 318

o azardous waste facility or site is liable for the preceding mo period, an sign and transmit the same to the depart , ogether witha remittancefor mountin the form reo**,,;,"~r--** (2) The department may re 1 or class ofpersons from the obligation of filing monthly r an require the return 

### to cover other reporting peri ,ut in no event shall retu filed for a period greater t ree (3) months. [LC., § 39-4428, as added by ch. 205,

, .502.]

39-4429. Books and records to be preserved

- Entry and inspection by department of health and welfare.

- Every person or entity subject to the imposition of the fees specified in section 39-4427, Idaho Code, shallkeep complete and accuraterecords, includingitemized invoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed of at a hazardous waste facility or sitein Idaho," All books, documents and papers, computer tapes, discs, and

### ~thet**'rec~rds'** requiredto be keptby this-section shallbe preserved fora period ofatleast**fi'v~** (5) years from the date'of the records or' the date of the entries'

. appearing in the records, unless the department in writing, authorized their destruction or disposal at an earlier date. For purposes ofthis act, at any time during usual business hours, the. department or duly authorized agents or employees, may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required 

### to be kept under this chapter, and the hazardous wastes. or other chemicals' contained therein, to determine whether or not all the provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret informationobtainedby the departmentundertheprovisions ofthis section shall be treated in the same manner as such information obtained under section 39-4411, Idaho Code. If the department, or any of its authorized agents or employees is unreasonably denied free access or is unreasonably hindered or interfered with in making the examination of a hazardous waste facility or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility or site's permit by the director of the department of health and welfare under subsection (b) of section 39-4413, Idaho Code. [I.C., § 39-4429, as added by 1984, ch. 205, § 7, p. 502.] , l 

### ".\ \



### ­

"

# It.

,','

319 HAZARDOUS WASTE MANAGEMENT 39-4432

3 -4431. Collection and enforcement. - (1) The collection an enfor ment procedures available to the Idaho state tax commissi n provide by the Idaho income tax act, sections 63-3030A, 63-3038, 63- 39, 63-3040, 3-3042 through 63-3045A, 63-3047 through 63-3065A, 6 -3068, 63-3070, 6 3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as ey now exist or as th may subsequentlybe amended, shall apply andb available to the depart ent of health and welfare for the enforce ent of the

; tj.· hazardous waste isposal fee and for the assessment and c ection of any amounts due the under. Said sections shall, for the aforementioned purposes, be conside ed part of this act and wherever lens or any other proceedings are defin as income tax liens or pro edings, they shall, when applied in enforce ent or collection under t s act, be described as hazardouswaste disposal e liens andproceeding

. (2) The department of ealth and welfar may be made a party defendant in any action at la or in equity**b~** any person aggrievedby the unlawful seizure or sale of his roperty, in any suit for refund or to

recover an overpayment, but only he stat ofIdaho shall be responsible for

.any finaljudgment secured agains th department ofhealth and welfare and saidjudgment shall be paid or tisfied out of the hazardous waste disposal fee refund account. [I.C., § 31, as addedby 1984, ch. 205, § 9, p.502.]

39-4432. Distribution of azardous w te disposal fee revenues.

- The revenues received om the fees impos d by this chapter and any penalties, interest, or de ciency additions, shal e paid over to the state treasurerby the depart entto be distributed as fo ws: (1) An amount of oney to maintain the hazard s waste disposal fee refund account, w ch is hereby created, and 'fro which all refunds authorized to be id by this act shall be paid, at a mon ly balance often thousand dolla ($10,000) or at such greater sum as in t e opinion ofthe department ay be needed to meet reasonable requireme s imposed on thehazardo s waste disposal fee refund account. (2) The alance remaining with the state treasurer after de ucting the amount in (1) above, shall be remitted periodically but no less quently than uarterly, to the hazardous waste training, emergency and nitoring ccount created in section 39-4417B, Idaho Code. [I.C., § 39-44 a ed by 1984, ch. 205, § 10, p. 502.]

Compiler's notes. Section 11 of S.L. 1984, Sec. to sec. ref. This section is referred ch. 205 is compiled as § 67-2929. in § 39-4417B.

Section 14 of S.L. 1984, ch. 205 declared an emergency. Approved April 3, 1984. 

# '.

# • 1991 • 

# CUMULATIVE· 

# • POCKET SUPPLEMENT

IDAHO CODE

Compiled Under the Supervision ofthe Idaho Code Commission

PHILLIP M. BARBER B. NEWAL SQUYRES, JR. M. ALLYN DINGEL, JR. COMMISSIONERS

MAX M. SHEII,.S, JR. EXECUTIVE SECRETARY 

# • VOLUME 7A 

# REPUBLISHED SEPTEMBER, 

# 1991

For your convenience in reporting any errors in these supplementsorsuggestedimprovementsoradditionsyouwill find postpaid cards in the back of the 1991 Replacement Index Volumes.

, 

# I i

I 

### Place this supplementin 

### the pocket ofthe corresponding !

# i volume ofthe set



# • COPYRIGHT 

### © 

### 1986, 1987, 1988, 1989, 1990, 1991



### All Rights Reserved


### By



### THE MICHIE COMPANY LawPublishers
CHARLOTIESVILLE, VIRGINIA

# •

•

• •

PUBLISHER'S NOTE

Amendments to laws and new laws enacted since the publication of the bound volume down to and includingthe 1991 regular session are compiled in this supplement and will be found under their appropriate section numbers. The supplement contains annotations for the Idaho Code based on decisions ofthe state and federal courts. The annotations are derived from the following sources: Pacific Reporter 2nd Series through Volume 804, p. 688. Federal Supplement through Volume 754, p: 891. Federal Reporter 2nd Series through Volume 924, p. 1067. United States Supreme Court Reports, Lawyers' Edition, 2nd Series

. through Volume 112, p. 865. Bankruptcy Reporter through Volume 123, p. 466. Opinions of Attorney General 1983-1 through 1990-8. Section numbers printed in black face type either refer to sections ofthe

. original volume or to new acts not included therein

.. Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothing but annotations are not included in the analyses. Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code.
LR.C.P. Idaho Rules of Civil Pro·cedure LR.E. Idaho Rules of Evidence LC.R.

.Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules LLR.

.Idaho Infraction Rules LJ.R. Idaho Juvenile Rules I.C.A.R. Idaho Court Administrative Rules LA.R. Idaho Appellate Rules

- ALWAYS CONSULT THE LATEST SUPPLEMENT IN CONNECTION WITH THE PERMANENT VOLUME

## ADJOURNMENT DATES OF SESSIONS OF 

# • LEGISLATURE

Year Adjournment Date 1986 .March 28, 1986 1987 April 1, 1987 1988 March 31, 1988 1989 March 29, 1989 1990 ; March 30,1990 1991 March 30, 1991



# •

•

111

# • '.i:­

. "":'" ".

...•. or. !--.:



# .. .iL.

"="'

... 

# ....**~." ,~**  

### e:**~~'** 

### r':
':i: .'**'';~t**



### . ,..**~i'** ,'.



### ... .



# • 157 HAZARDOUS WASTE MANAGE&T 

### 39-4403

CHAPTER 44
HAZARDOUS WASTE MANAGEMENT

SECTION. SECTION

. 39-4403. Definitions. 39-4412. Inspections

- Right of entry [Ef39-4404. 39-4405. 39-4408.

39-4409. Consistency with federal law. Rules and regulations in general. Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited. Permit requirements for hazardfective July I, 1993]. 39-4413. Enforcement procedures

. 39-4417A. [Reserved.] 39-4417B. Hazardous waste training, emergency and monitoring account.

39-4410.

39-4411.

39-4411. ous waste treatment, storage,
or disposal facilities. Transportation of hazardous waste.' Records

- Reporting

- Monitoring [Effective until July I, 1993]. Records Reporting

- Monitor39-4423.

39-4424. 39-4425. 39-4426. 39-4432. Disposal of restricted hazardous wastes prohibited.

. Disposal of manifested waste. [Reserved.] Appointment of health inspectors

. Distribution of hazardous waste disposal fee revenues. " ing [Effective .July 1, 1993],



### . '"'39

..4461. 

### SliOl t 

### ·title.

-Sec;-to·sec:--rer.-This chapter is**Fef~** Cited-iru-State'V

. Hanna Mimng Co., 699 in §§ 39-"1114 and 49 2286. F. Supp. 827 (D. Id.aho 1987)



### 39-4403. Definitions. - As used in this chapter: (1) "Board" means the Idaho board of health and welfare. (2)ttCommetCial hazardous waste facilityor site" means any hazardous waste facility whose primarybusiness isthe treatment, storage or disposal, for a fee or other consideration, of hazardous waste generated offsite by generators other than the owner and operator of the facility. (3) "Department" means the Idaho department of health and welfare. (4) 

### "Director" means the director of the Idaho department ofhealth and welfare or the director's authorized agent. (5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereofmay enter the environmentor be emittedinto the air or discharged into any waters, including ground waters. (6) "Generator" means any person, who by virtue of ownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste. (7) "Hazardouswaste"means a waste or combinationofwastesof a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or (b) 

### Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitible, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in do­

# •

•

• 39-4403_ HEALTH AND SA.Y



### mestic sewage, or solid or dissolved materials in irrigation return flows

or industrial dischargeswhich arepoint sources subjectto national**pollu-"~** 

### tion discharge elimination system permits under the Federal Water**Pol-,~** 

### lution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or sourcs, special nuclear, or by-product material as defined by the Atomic**Energy~** 

### Act of 1954, as amended, 42 U.S.C., Section 2011 et**seq."~~ ~1**  

### (8) "Hazardous waste management" means the systematic control of the**J~** 

### collection, source separation, storage, treatment, transportation, process-;?' ing, and disposal of hazardous wastes.**c':,~fi;~~** 

### (9) "Hazardous waste facility or site" means any property, structure, or':';? ancillary equipment intended or used for the transportation, treatment,**:.~~~** 

### storage or disposal of hazardous wastes.**"~.1** 

### -, 

### (10) "Injection" means -the subsurface emplacement of free**liquids.~B;;;:** 

### (11) "Manifest"means a form used for identifying the quantity, composi-iv 

### tion, origin, routing, waste identification coders), 

### anddestinationofhazard-'':'

ous waste during any transportation from the point of generation to the point of treatment, storage or disposal.

_ (12) "Manifested waste" means waste which at the point of origin or generation is required to be manifested for transportation in a manner

..: similarto that ofthe federal uniform hazardous waste manifest or by other-. manifest requirements designed to assure proper treatment, storage anddisposal of such waste: _ . (13) "Person" means any individual,

- association, partnership, firm,joint stock company, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of.. rights

- and duties.

­ (14) uRCRA" means the Resource Conservation and Recovery Act,.of 1976 as amended in 1978, 1980 and 1984. (15) "Restricted hazardous waste" means either of the following: (a) Anyhazardouswaste which contains any ofthe following substances, in the following concentrations, as determined without considering any dilution which may occur, unless the dilution is a normal part' of the .: manufacturing process: ,_ (i) 

### Liquid hazardous wastes containing free cyanides or sulfides at

.. concentrationsgreaterthan, or equalto, one thousand (1,000) partsper:,:

. million. .'**~.~** 

### ,'.

. .. ;­ 

### (ii) 

### Liquid hazardous wastes containing any ofthe following metals or c., 

### elements, or compounds ofthese metals or elements, at concentrations.**':~.** 

### : greater than, or equal

..to, any of the following: i. j
,



### Arsenic

•• :. 

### 500 parts permillion

-­ e .••••••••••••••••••••• '



## .. Cadmium 100 partsper million Chromium (VI) ................•....................... 500 partsper million .Lead '" 500 partsper million

t - 

### Mercury 20 parts per million Nickel 134parts per million Selenium**~.................................** 

### 100 parts per million Thallium 130 parts per million

# "I**'~** ..



### . . 159 

# e HAZARDOUS WASTE MANAGEME. 

### 39-4404

OJ; 

### (iii) Liquidhazardouswasteshavinga pH lessthanor equalto two (2). (iv) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than, or equalto fifty (50) parts per million. (v) Hazardous wastes containing halogenated organic compounds in 

# • "



### total concentration greater than, or equal to, one thousand (1,000) milligrams per kilogram. (b) A hazardous waste may be classified as a restricted hazardous waste bythe adoptionofrules andregulationsby theboard, takinginto account the hazardouswastesbannedfrom landdisposalby theU.S. environmental, protection agency., , (16) "Storage" means the containment ofhazardous wastes, on a temporary basis or for a period of years, in such a manner as not to constitute 

# "l disposal of such hazardous wastes. " (17) "Transportation"means themovementofany hazardous wasteto or from a hazardous waste facility or site. (18) "Transporter" means any person who transports a hazardous waste , to or from a hazardous waste facility or site.
:f 

### (19) "Treatment" means any method, technique, or process, including neutralization, which is designed not to be an integral part of a production process, but which is rather designed to change the physical, chemical, or

'

. ,, ',,

: biological character or composition ofany hazardous waste priorto storage

. or final disposal so as to neutralize suchwaste or so as to render suchwaste nonhazardous or less hazardous; safer to transport, store, or dispose of; or

.. amenable for recovery, amenable for storage or reduced in volume. Such term includes any activity or processing designed to change the physical 

# • !

form or chemical composition ofhazardous waste so as to render it nonhazardous. ' , (20) "Waste" means any solid, semisolid, liquid or contained gaseous material for which no reasonable use or reuse is intended or which is in­

;1 t 

### tended to be discarded. [I.e., 

### § 39-4403, as added by 1983, ch. 154, § 1, p. 416; am. 1984,ch.205,§ 1,p. 502; am. 1986,ch. 148,§ 1,p. 415; am. 1986, ch. 324, § 1, p. 794; am 1989, ch. 253, § 1, p. 626.]

Compiler's notes. Section 2 of S.L:1986, , Section 2 of S.L. 1989,ch. 253 is compiled ch. 148 is compiled as § 39-4405.'

.. as § 39-4424.

.

Section 2 of S.L. 1986, ch. 324 is compiled Sec. to sec. ref. This section is referred to
as § 39-4423. in § 39-4423.



### 39·4404. 

### .Consistency with federal law.

- The legislature intends thatthe stateofIdaho enact andcarryouta hazardouswasteprogramthat will enable the state to assume primacy overhazardous waste control from the federal government.

. .... 

# • The legislature finds that the RCRA; as amended, 42 U:S.C., Section 6901 et seq., and regulations adopted pursuant thereto; establish complex and detailed provisions for regulation'of those who generate, transport, treat, store, and dispose ofhazardous wastes. The legislature cannotconveniently or advantageously set forth in this chapter all the requirements of all ofthe regulations which have been or will be established under RCRA. However, by the provisions ofthis chapter, the legislature desires to avoid

# •

•**:-~~ '.i~:'** **;'"~;:' "-''':-~** **,~**

. ....**.f~** _' 

### 39-4405. HEALTH AND SAA

### 160~f**>~t** -**~~** 

### the existence of duplicative, overlapping or conflicting state and federal:i, regulatory systems.

. .'-:"-'ff<' 

### Therefore, the board is directed to promulgate rules and regulations--rr which are in substance consistent with RCRA and the federal**regulationS~r** 

### adopted by the administrator of the United States environmental

## protec~~ tion agency to implementRCRA. Until such time as the board has**promur:~** 

### gated rules and regulations concerning mining and mineral wastes

### and~ materials under study by the administrator, those wastes' and**materials';'~** 

### shall not be considered or defined as hazardous wastes under this chapter;;] provided, however, that spentpotliners from primary aluminum**reduction;;~j~** 

### or environmental protection agency hazardous waste number K088,**shal(~~** .:**-:j~,**



# i be define,d ashazardous waste. Farmers and ranchers who treat, store,**~~j~** 

### dispose of waste pesticides from their operations on lands owned or**con'..:~~** 

### . trolled by them shall not be required by board rules or regulations to**do?r~** 

### anythingmore thanfollow the instructions on the pesticide label and triple

# -:j rinse empty containers in accordance with the RCRA regulations of the

... environmental protection agency. The board may not promulgate any rule.!(



### or regulation thatwould impose conditions or requirements more stringent

### :::-t
orbroader in scope than RCRA and the RCRA regulations of the**envirori-:'~b** 

### mentalprotection agency. Theboard may, however, promulgate procedural**~~;:** 

### rules and regulations and rulesand regulations specifically authorized

## bY~~ this chapter or other state statutes without showing that those rules and

# ::ii regulations are required by RCRA or the regulations ofthe environmental

# :.'i protection agency; provided that those rules and regulations shall not**con-_~~** 

### flict withthis section, other sections ofthis chapter,RCRA, or therules and

# il regulations ofthe environmental protection agency. Anyrule or regulation**-~a** 

### promulgated by the board shall be valid until it is repealed or modified**n~** 

### through the administrative process ofsection 67-5201, Idaho Code, et seq

. .;: [I.C., § 

### 39-4404, as added by 1983, ch. 154, § 

### 1, p. 416; am. 1986, ch. 182, .­ § 

### 1, p. 479; am. 1988, ch. 6, § 

### 1, p. 6; am. 1988, ch. 259, § 

### 1, p: 498..l

..**-;:~**

Compiler's notes. This section was of the third paragraph, inserted "HeRA and

### ~' 

# I' amendedby two 1988 acts which appearto be . the"; and in the sixth sentence of the third**.~~** compatible and have been compiled together. paragraph, inserted "HCRA and.""" 

## I ! The amendment by ch. 6 deleted the second Section 2 of S.L. 1986, ch. 182, declared an andthird sentences ofthe third paragraph as emergency. Approved April 1, 1986. ,,_, they appear in the bound volume. The Section 2 of S.L. 1988, ch. 259 is compiled**'~li:~** amendment.by ch. 259, in the first sentence as § 39-4409.**:~~. .-_,"~~-~** 

. .' . -'

. .. .'.

.. - '. - . ", r3?-:z 

### 39-4405.

. 

### Rules and regulations in 

### general. -.Pursuantto the proce-

-**:J'i~~:**

### du~es 

### established by the Idaho administrative procedures act, chapter 52,**-=k~** 

### title 67, Idaho Code, the board shall adopt such rules andregulations as are**;J;~** 

### necessary and feasible for the management of the generation, collection,**,~~t** 

### transportation, treatment, storage, anddisposal ofhazardous wasteswithin**:~t** 

# • the state. The board shall also adopt such rules and regulations as neces-**:~** 

### sary to regulate persons who produce, burn, distribute, and market fuel .

# Econtaininghazardous waste. The rules and regulations promulgated by the**-iZ:~** 

### board shall be a part ofthis code and shall havethe force and effect of law.

a . 

### Such rules and regulations shall include, but not be limited to:

# •

161 HAZARDOUS WASTE MANAGEMENT 

### 39-4408
"

,­ 

# l':t J.' 

# • (1) Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter; (2) Rules and regulations for those who generate, transport, treat, store,**~~.--** '._­ 

### or dispose of hazardous wastes;**:-T~~:..** ,'-'.'
. 

### (3) Rules and regulations, consistent with those issued by the United

,. I,.' 

### States environmental protection agency and the United States department /., ; 

### , oftransportation, for containerization, labeling and manifesting ofhazard..... 

### ous wastes; (4)' Rules and regulations specifying the terms and conditions under which the department shall issue, modify, suspend, revoke, ordeny such permits as shall be required by this chapter; (5) Lists ofthose wastes orcombinations ofwastes which are notcompatible and which may not be stored or disposed of together; (6) Procedures and requirements for the reporting of the generation, transportation, treatment, storage or disposal of hazardous wastes;

. (7) Rules and regulations establishing standards and procedures for the training of personnel at generation sites and at hazardous waste facilities**~'-** ': 

### and sites;

. i>;: ":.**:;~** -; 

### (8) Release detection, preventionandcorrectionregulations applicableto

t'-+:':. :0 t-,,-

. 

### all owners and operators ofunderground storage tanks, as may be neces­ ""J:. r- ; 

### sary to protect human health and the environment. [I.C., § 

### 39-4405, as 

# • -;::w 

### added by 1983, ch. 154, § 

### 1, p. 416; am. 1986, ch. 148, § 

### 2, p. 415.]
Compiler's notes. Sections 1 and 3 of S.L. 1986, ch. 148 are compiled as §§ 39-4403 and 39-4408.



### 39·4408. Unauthorized treatment, storage,release, use ordisposal of hazardous waste prohibited. - (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or anyconstituentthereof, mayenterthe environment, unlessthe department has issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permit requirements. (2) Effective six (6) months after the effective date [July 1, 1986] of this provision, .nonhazardous liquids shall not be disposed of in a landfill,for which a permit is-required under section 39-4409, Idaho Code, or which is operating 'pursuant to interim status granted under section 3005(c)of HCRA, "unless the owner'or operator of the landfill demonstrates to the directorthat:' '

. (a)" The only reasonable

### alte~ative is placement in a landfill or unlined ,surface impoundment which contains or may contain hazardous waste; 

# • and (b) Placementinthe owneroroperator'slandfillwill notpresent a risk of 'contamination of any existing or potential underground source of drinking water. (3) Waste or used oil or 

### othermaterial which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment.1**~.'** .. 

# •**j~** r • .::>...:::,


### 39-4409 HEALTH AND SAFE•

..**~.,:~** (4) 

### The board shall have authority to**prohibit:,.1i~;5i;** 

### , 

# •

•

• (a) Land disposal of any hazardous waste; and**"'';f#:~#** 

### (b) Storage ofany hazardous waste prohibitedfrom land disposal, unless'­ such storage is solely for the purpose ofthe accumulation of such quanti-

# ,»$'
, ..".c',% 

### ties of hazardous waste as are necessary to facilitate proper**recovery/t~:,:** 

### treatment or disposal. [I.C., § 

### 39-4408, as added by 1983, ch. 154, § 

### 1, p-, '**-,~:.** 

### 416; am. 1986, ch. 148, § 

### 3, p. 415.] ", '

## ,.,',l0~**~:- ...;~.:.--'"**  

### .**"-'~""'i'._~~.~'** Compiler's notes. .Section 3005(c) or Section 2 of S.L. 1986, ch. 148 is compiled**~;~:** RCRA referred to in this section is compiled as § 39-4405. ,**/'::t~** as 42 U.S.C.; § 6925(c). "**"~'":t~l** t' • l

__ .• -or**'-;;:~,:** ""7: 

### 39-4409. Permit requirements for hazardous waste**treatment~'~** 

### storage, or disposal facilities! - (1) No person shall construct,**operat~;~)if~*** 

### or modify a hazardous waste treatment, storage, or disposal facility or

### sit{~-i-~

. ../' 

### without a permitfrom thedepartment. The owneror operatorofthefacility:
orsiteratherthanthebuilder shallbe responsiblefor obtainingthepermit. :;' Permits may contain such conditions necessary to protect human health**<~:'** 

### andenvironment. Theboard may exemptclasses or categories ofhazardous**-~;** 

### wastetreatment; storage, ordisposalfacilities from thepermitrequirementj if the exemption is in the public interest and consistent with RCRA re-**,'~,** 

### quirements. The'fact that a classor category of such facilities is not**re~::?::** 

### quired to obtain a federal permit shall be persuasive evidence that an ." exemption is in the public interest. ..' (2) Interim status granted by RCRA or a permit issued by the United " , States environmental protection agency prior to the date that the state**:,,~** I 

### program is authorizedby the administrator ofthat agency shall be adopted':**.~~~'** 

### by the department as a state granted interim status or as

# astate'granted

### ","1~ " ',''o!ii 

### permit until the department issues a new state permit. The board may.'

## ",,?i/ adopt such rules and.

### ~e~ations**~s** neces.sary.to: "

..

### ;.::i~ (a) Allo,:**othe~ ~acIlI.tIes** **~o** 

### qualify for**Inte~Im** 

### status; . ,',**~~!** 

### (b) Require existing interim status surface Impoundments, new units,**~,t~** 

### replacement of existing units and lateral expansions'ofexisting interim**;,.:~** 

### status facilities to comply with all regulations which apply to new**facili-::~~**

, ."'@ 

### ties' and**'<,}~**
, . -**;'''J',~** 

### (c) 'Provide for the"termination of interim status.' '.**'~-i** 

### (3) The board'shall promulgate rules and regulations establishing the .'

### ~~ terms and conditions for issuing permits to the described facilities ,and**.~~~** 

### sites. The-rules and regulations shall provide 'for, butnot be limited**to:.'!~** 

### (a) Standards and procedures for the safe operation and maintenance of**,,~**



### . the facilities and sites: ." .

.. ..**,3':;~**

, 

### " .:.' '(b) 

### Education and training':qualifications' ofpersonnel at the facilities**~~** <jj 

### and sites'**;U~** 

## , . 

### (c) Contractual commitment or consent to each facility or 'site from all**,~,~**



### .holders ofinterests inthe real property committedto that facility or site;**=~**



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

# 311

."effective management, maintenance.iand monitoringofthe facilities and

# ',~ sites during and after operation;

. . " ";:,

'"

# •

•

• 163 

# •

HAZARDOUS WASTE MANAGEMENT 

### 39-4409

#:2­ 

### (e) Evidence of financial responsibility for corrective action on-site and if'.'·**r~. :~-**  . 

### off-site;**:::;;,.~ :~~::.~**  (f) 

### Liability insurance in such form and amount as is necessary to com­**~~~~** !hi. 

### pensatefor potential damagescausedby the facilities and sites; provided,**-~;.:.** 

### that liability insurance shall not be required in the event that liability insurance is notrequired by the federal regulations adopted pursuant to the RCRA; (g) Emergency equipment and emergency response plans appropriate to the facilities and sites; (h) Public participation in the permitting process consistent with 42 U.S.C., section**6974(~).** 

### (4) Permits shallbe issuedfor a periodnotto exceedten (10) years orthe maximum period allowed under RCRA, whichever is greater. However, permits may be reviewed at least every five (5) years and modified as necessary to take into account changes in this chapter or regulations promulgatedpursuantto itandimprovementsintechnology. Permitsissuedto hazardouswaste facilities and sitesby the departmentpriorto the effective date ofthis chapter shall be reissued to conform with the provisions ofthis chapter and the rules and regulations promulgated under this chapter. (5) Any permit issued after the effective date of this provision shall require corrective action to be taken on-site and off-site for all 

### releasesof hazardouswaste or constituents, from any solid waste managementunit.at

.../ .. ". 

### thetreatment, storage, or disposal facility seekingthe permit,regardless of**!:'':~-** 

### the time when the waste was placed in such unit. Permits issued from November 8, 1985, until the effective date of this provision shall be reissued to conform with this provision. (6) Any permit issuedunder this section may be revoked by the director pursuant to the provisions of section 39-4413, Idaho Code, ifthe.permitted party fails to comply with the terms and conditions of the permit, this chapter, or the rules and regulations promulgated under this chapter. (7) The department may issue a variance from the requirements of the rules andregulations promulgatedunderthis section, if, inthejudgment

## 'of the director, application of the requirements would cause unreasonable hardship andthe grantingofa variance would notbe harmful to the public interest or inconsistent with RCRA requirements.'A .variance shall not exceed one (1) year induration and maybe renewed or extended only after the department provides public notice and an opportunity for public comment. (8) (a) The director of the department may issue 

### aresearchrdevelopment anddemonstrationpermitfor anyhazardous waste treatmenttechnology orprocess for whichpermit standardsfor suchexperimental activityhavenotbeenpromulgated.Any suchpermit shallinclude suchterms and conditions as will assure protection of human health and the environment. Such permits shall:

. ... -,.. r ' 

### 1. Provide for the construction of such facilities, as necessary, and for operation ofthe facility for not longer than one (1) 

### year (unless renewed as provided below); and

# • . ,
-'.**~'5"** 

### 39-4410 HEALTH AND SAFE•



### 2. Provide for the receipt and treatment by the facility of only those":-l types and quantities ofhazardous waste which the director deems'**nec-2~~'** 

# •

• essary for purposes ofdetermining the efficiency and performance**ca~:~~** 

### pabilities or'the technology or process and the effects of such technol-**,:~~** 

### ogy or process on human health and the environment; and ,',

.**.;;~** 

### 3. Include such requirements as the director deems necessary to pro-**~~~.** 

### teet human health and the environment (including, but not limited to,**"~;~** 

### requirements regarding monitoring, operation, insurance or bonding.i-; financial responsibility, closure, and remedial action); and "**~e"** 

### 4. Include such requirements as the director deems necessary regard- 

### :".;t ingtesting and providing ofinformation to the director with respect to**.~:::** 

### the operation of the facility.**.~.** 

### (b) The director may apply the criteria set forth in paragraph (a) of this1;t subsectionin establishingthe conditions ofeachpermit without separate**'.'~~** 

### establishment of regulations implementing such criteria. (c) For the purpose ofexpediting review and issuance of permits under this

.subsection, the director may, consistent with the protection"of**"~** 

### human health and the environment, modify or waive permit application and permitissuance requirements established in the general-permit reg- '". ulations except that there may be no modification or waiver of regulations regardingfinancial responsibility (including insurance) or ofappli- -"" cable public participation procedures. -.' (d) The director may renew a research, development and demonstration" permit which has been issued pursuant to this subsection. The renewal

.... term shall be no longer than one (1) year. A permit shall not be-renewed
_. more than three (3) times. [I.C., § 

### 39-4409, as added by 1983, ch. 154, § 

### 1,p. 416; am. 1986,ch. 148, § 

### 4,p. 415; am. 1987,ch. 102, § 

### 1,p. 204;

am. 1988, ch. 7, § 

### 1, p. 7; am. 1988, ch. 259, § 

### 2, p. 498.]

Compiler's notes. This section was amendedby two 1988 acts which appearto be compatible and have been compiled together. The amendmentby ch. 7, in thefirst sentence ofsubsection (5),inserted "issued"; and added subdivision (8)(d). The amendment by ch. 259, in subdivision (2)(b), inserted "existing interim status surface impoundments"; and in the first sentence of subsection (5),' inserted "issued." .;**~:** The words enclosed in parentheses so appeared in the law as enacted. Section 5 of S.L. 1986, ch. 148 is compiled
. as § 39-4411.

.

. Sections 1 and 3 of S.L. 1988, ch. 259 are compiled as §§ 39-4404 and 39-4413, respectively.

Sec. to sec. ref. This section is referred to in § 39-4413.



### . 39·4410. Transportation ofhazardous waste.

-**f.llT:J~~0ft!~~rir' ~nTT'lulgate**  

### hazardous waste transportation niles and regulat' 0 

### control the' tate and interstate transportation of" ally"regulated types andquantitIe ardouswaste:'The andregulations shall be consistent with the rules an lati ssued by the United States de­ 

# • partmentoftransportation an m tes environmentalprotection agency. The rules an ations shall also be . tent with the rules andregulatio e Idaho publicutilities commission un ch consistency impairtheprimacyor the effectiveness ofthe state's**hazaru.v~~** 

### ste management program. In that case the board shall confer with the

# •

•

• "165 HAZARDOUS WASTE MANAGtiNT 

### 39-4410 

# •

mission and endeavor to develop mutually acceptable transpo on rules regulations. Ifmutually acceptable rules and regulaji s cannot

. 

### be develope, e board shall promulgate transportation es and regula­

.. 

### " "."**.~::** 

### tions that minimI conflict with the commission's es and regulations

.... , 

### while assuring the prim authority and effe . eness of the state's hazardous waste managementpro m. Rul ndregulations so promulgated by the board shall prevail over co ting rules and regulations of the commISSIOn.

.. "

(2) 

### Thehazardouswa ransportationrules a egulations shall apply to alltransporters ederally regulated types and qua

. ies ofhazardous waste gener eitherby themselves or by others. These ru ndregulations s apply to any movement of a regulated quantity of h ous



### w. es to or from a hazardous waste facility or site.

. H (3) 

### The hazardous waste transportation rules and regulations shall pro­ .', 

### "

-,;.. 

### vide for but not be limited to:

1
, 

### (a) Standards for the containerization and labeling ofhazardous wastes;**.~-.** i 

### (b) Standards for the handling and placarding ofhazardous waste shipments; (c) A hazardous waste tracking system requiring that: (i) 

### All transporters of federally regulated types and quantities of hazardous waste obtain an identification number from the department, the environmental protection agency, or another approved state program, before accepting hazardous waste for transport; (ii) All shipments of federally regulated types and quantities of haz­

.. l' 

### ardouswaste to be shipped offsite or receivedfrom offsite be accompanied by a manifest or similar form describing the hazardous waste being shipped and its destination; (iii) 

### A copy ofeach manifest or similarform be returnedto the generator and/or originator of the shipment and a copy be retained by the transporter for a minimum of three (3) 

### years. ('4) 

### The hazardous waste transportation rules and regulations may vide fo ecial routing of hazardous waste shipments in this stat hen

- 

### necessary to otect the public health, the public safety, or environ­

, . 

### ment. (5) 

### No commercia zardous waste disposal facili 

### or site permitted under section 39-4409, I Code, shall recei regulated quantities of hazardous waste as defined by eral law m a motor vehicle or trailer unless the hazardous waste is acco .ed by a

..proper manifest and the transporter has obtained a specia er

. 

### from the Idaho transportation department as provided in s on 49-433, 0 

### Code. If an improperly documented shipment of rdous waste arrives a permitted commercial hazardous wast cility or site, the owner or opera ofthe facility or site shall immedi 

### ely notify the Idaho transportation depa ent and the Idahodep ent of law enforcement. [I.C., § 

### 39-4410, as adde ch. 15, 1, p. 416; am. 1984, ch. 205, § 

### 2, p. 502; am. 1986, ch. 231, 6 ,am. 1988, ch. 265, § 

### 568, p. 549.]

" ;;.

", ,.**-~~::** 

# • {:j.:

. ':

....·t· 

### • 

# e**-~~ ~/5­**  

### 39-4411 HEALTH AND SAFETY 

### 166**;,?~** :f!­ "'t 

# •

• Compiler's notes. Section 2 of S.L. 1986, ch. 231 is compiled as § 39-4417B.

Sections 567 and 569 of S.L. 1988, ch. 265
are compiled as §§ 36-1301 and 39-4426.

Section 5 of S.L. 1986, ch. 231, read: "An emergency existing therefor, which emergency is hereby declared to exist, Section 49-2512, IdahoCode, which is enactedby Section 4 of this act shall be in full force and effect on and after this act's passage and approval. The remaining provisions of this act shall be in full force and effect on and after January 1, 1987; provided, however, that the Idaho Transportation Board and Idaho Transportation Department shall be authorized to permit any person renewing or purchasing a vehicle registration on and after

..

## :t -.;<t July 1, 1986, to acquire a vehicle registration 

### Sf endorsement prior to January 1, 1987,**and'~** any receipts therefrom shall be placed in the 

## .,.:J.l HazardousMaterial/HazardousWaste Trans-

.

### ,J~**~_** I!ii portation Enforcement Account which is ere- A. ated in section 49-2507, Idaho Code, which is**-::~** enacted by Section 4, of this act and**Section'~~** 49-2507, Idaho Code, whichis enactedby Sec- 

### :! tion 4 of this act shall be in full force and .,**-.~** effect on and after July 1, 1986. Approved

. -.f. April 3, 1986."

Section 586 of S.L. 1987, ch. 265 provided that the act should become effective on and after January 1, 1989.
J . "



### 39-4411. Records

- Reporting

- Monitoring [Effective until July 1, 1993]. - (1) 

### Pursuant to the provisions of section 39-4405, 

### Idaho Code, the board shall adopt, and amend as necessary, such rules and regulations relating to records, reporting, and monitoring as may be needed to achieve the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures and requirements for: (a) The establishment, maintenance, and format of records and reports; (b) The submittal of records and reports; (c) The taking of samples and the performing of tests and of analyses; (d) The use of approved monitoring methods and techniques; (e) The installation, calibration, use, and maintenance of monitoring equipment; and (f) 

### The provision of relevant information to the department. (2) Sixty (60) days after promulgation of the criteria and lists specified under section 39-4407, 

### Idaho Code, and the rules and regulations required under section 39-4405, 

### Idaho Code, and subsection (1) 

### of this section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by ,any person without reporting such activity to the departmentasrequiredby theregulationsissuedpursuantto subsection (1) of this section shall be unlawful. (3) Information obtainedby the department or by agents, contractors, or otherrepresentatives ofthe department, under any provisions ofthis chapter, shall be available to the public, unless the director certifies such informationmustbe keptconfidential. Thedirectormaymake such certification upon a showing, to the satisfaction ofthe director, that the information, or parts thereof, ifmade public, would divulge methods, processes, or activities constituting trade secrets. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any officer, employee, or authorized representative of the state or the United 

# • States, as necessary to carry outthe provisions ofthis chapter orthe provisions of RCRA. The provisions of this section shall not limit the department's authority to release confidential information during an emergency involving hazardous waste, if the director determines that release of the information is necessary to safeguard the public interest.

## • 

# •

• :'i

. 

# • HAZARDOUS WASTE MANAG&NT 

### 39-4411

.**~,** : 

### (4) Each generator shall, at the discretion ofthe director, no later than thirty (30) days after the end of each calendar quarter submit a written report to the department including the following information: (a) The types and quantities of hazardous wastes generated; (b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; (c) The types and quantities of such wastes remaining in storage at the end of the reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state

. •**~_** -l. • 

### (5) The operator of each hazardous waste disposal facility or site in the state shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the department providing information
on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states. (6) Prior to December 31 of each year the department shall submit a report to the governor and the legislature detailing the types and quantities ofhazardouswastes generatedinthis state, thetypes and quantities of " 

### such'wastes shipped for treatment and disposal by landfilling or other

means of disposal, the types and quantities of such wastes remaining in storage at the end of the most recent reporting period and the types and quantitiesofhazardous waste generated outside this state and shippedinto this statefor storageor disposal. [I.C., § 

### 39-4411, as addedby 1983, ch. 154, § 

### 1, p. 416; am. 1984, ch. 258, § 

### 1, p. 618; am. 1986, ch. 148, § 

### 5, p. 415.]

Compiler's notes. For this section as ef- Sections 4 and 6 of S.L. 1986, ch. 148 are fectiveJuly 1, 1993, see the following section, compiled as §§ 39-4409 and 39-4413. also numbered § 39-4411.



### 39-4411. 

### Records

- Reporting

- Monitoring [Effective July 

### 1, 1993]. - (1)Pursuantto the provisions ofsection 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules and regulations 

## r· relating to records, reporting, and monitoring as maybe needed to achieve

f " 

### the purposes of this chapter. These rules may include, but shall not be limited to, prescribing procedures and requirements for: "

'. 

### .. (a) The establishment, maintenance, and format of records and reports; '(b) 

### The submittal of records and reports; , , t.e. ,



### ,

### - 

### , (c) The taking of samples'and the performing of tests and of analyses;

, 

### (d) The use of approved monitoring methodsand techniques;' I

y- : 

### (e) The installation, calibration, use,and maintenance'of monitoring**~.:-. ~.**  , I 

### equipment; and 

# • C' ," 

### (f) 

### The provision of relevant information to the department.

, 

### (2) Sixty (60) days after promulgation of the criteria and lists specified

I . r 

### under section 39-4407, Idaho Code, and the rules and regulations required

e. : 

### under section 39-4405, Idaho Code, and subsection (1) of this section, the generation, transportation, treatment, storage, or disposal of a hazardous -,


### waste in this state by any person without reporting such activity to the

## • 

# •

I



# I I 

## j 

# I 

# • I

j

# I I



# •

.... ­ 

### 39-4411 HEALTH AND SAFETY • 

### 168· . 

# •

- . . 

### departmentasrequiredby theregulations issuedpursuantto subsection (1) of this section shall be unlawful. (3) Information obtained by the department or by agents, contractors.tor i
., 

### other representatives ofthe department, under any provisions ofthis chap-

. ter, shall be available to the public, unless the information, or parts' '. thereof, ifmade public, would divulge methods, processes, or activities con- ., stituting trade secrets, in which case the information shall be subject' to '. disclosure according to chapter 3, title 9, Idaho Code. Nothing in this subsection shall be construed as limiting the disclosure of information by the**.c..~.:**

....... ' 

### department to any officer, employee, or authorized representative of the'" , state or the United States, as necessary to carry out the provisions ofthis
_._ chapter or the provisions ofRCRA. The provisions ofthis section shall not ','"

'-'" ...-._ ..... 

### limitthe department's authority to release confidential informationduring**~I':';.:',**

.**~""-~** 

### an emergency involving hazardous waste, ifthe director determines that=,..; release of the information is necessary to safeguard the public interest. (4) Each generatorshall, at the discretion of the director, no later than thirty (30) days after the end of each calendar quarter submit a written report to the department including the following information: (a) /I'he types and quantities of hazardous wastes generated; (b)' The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; (c) The types and quantities of such wastes remaining in storage at the end of the reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment out­ side this state. (5) The operator of each hazardous waste disposal facility or site in the state shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the department providing information'

on the types and quantities of wastes received which were generated in' Idaho, and information on the types and quantities of wastes received which were generated in other states.. . .: (6) Prior to December 31 of each year the department shall submit a report to the governor and the legislature detailing the types and quantitiesofhazardous wastes generatedinthis state, the types and quantities of such wastes shipped for treatment and disposal by landfilling or other

means of disposal, the types and quantities of such wastes remaining in storage at the end of the most-recent 'reporting period arid the types and quantities ofhazardouswaste generatedoutsidethis state and shipped into this stateforstorageor disposal. [I.e., § 

### 39-4111, as addedby 1975, ch. 180, § 

### 2, p. 486; am. 1978, ch. 160, § 

### 1, p. 348; am. 1983,ch. 153, § 

### 8, p. 407;
am

.. 1988; ch. 264, § 

### 16, p. 519; am. 1990, ch. 213, § 

### 43, p. 480.]

Compiler's notes. For this section as ef-. Section 42 of S.L. 1990, ch. 213 is compiled fective until July 1, 1993, see the preceding' as § 39-1393. . section, also numbered § 39-4411.

# • • -' 

# •

•

• 169 HAZARDOUS WASTE MANAGEMENT 

### 39-4412

9-4412. Inspections

- Right of entry [Effective July 1, 1993]. ­ (1) 11 

### inspections and searchesconductedunderthe authority ofthis cha

­ ter. s all be performed in conformity with the prohibitions against un asonab searches and seizures contained in the fourth amendment t the constit ion ofthe United States and article I, section 17, ofthe co stitution ofth state ofIdaho. The state shall not, under the authority granted by this ch ter, conduct warrantless administrative searches f 

### private property in e absence of either consent from the property ower or occu­

...

.: 

### pier or exige circumstances such as a public health

resentation of apor e vironmental emergency. (2) For the pu oses of developing or enforcing any ovision of this chapter or any ru or regulation authorized by this apter, any duly authorized state em oyee or representative may, upo propriate credentials, at any reasonable time: (a) Enter upon any ivate or public property were hazardous wastes
are or havebeen gener ted, transported, treate stored, or disposed of to inspect and to secure sa les of such wastes, eir containers, and their labels; (b) Enter into any aircraft, ehicle, vessel,

. ail car, trailer, van, or other

means ofconveyance where h zardous wa tes are or havebeen contained to inspect and to secure samp es of su wastes, their containers, and their labels; (c) Enter any private or public pr y, or means of conveyance, where

.records, reports,information or te results relating to the generation,

transportation, treatment, storag ,0 

### disposal ofhazardous wastes exist to inspect and copy such docu ents. (3) Upon request by an autho zed agen of a property owner or facility operator, the department shall rovide the p opertyowner or facility operator with a receipt for sample takenand a co of sample analysis.Duplicate samples shall similar be provided upo request if the requesting party agrees to have the mples analyzed and share the results of the analysis with the depa ment. (4) The right ofentr of a duly authorized state e ployee or representative shall not be subj ct to the waiver of any potenti 1

### tort liability of the facility owner or op rator. The right of entry of a dul authorized state or health district em oyee shall notbe subject to anyconfi entiality requirements other th those specified.in section 39-4411(3), daho Code, and chapter 3, titl 9, Idaho Code. The right of entry of a pri ate contractor working in a epresentative capacity for the department rna however, be made subje to additional confidentiality requirements so 

### 10 g as those requirem ts do not interfere unreasonably with the developmei t ofinformation the department or the transmission of information om the

t . :



## . '"'

..**.:..~** . 

### contra or to the department or the United States environmental rotection gency.

.

... :. 

### ( Any magistrate or district courtjudge is authorized to' issue admi istrative search warrant upon a .request from the director describ g asonable cause for issuance ofthe warrant or the existence of a reaso

­

# 1 

# •

• • ":-;.: .;.......

.**.:""~ ~r:r**  

### 39-4413 HEALTH AND SAFE. 

### 170 ·Jbt 

### ]f**-'~.** 

### able program ofinspection. [I.C., § 

### 39-4412, as added by 1983, ch. 15 

### 1,**-~** ::fJ 

### 416; am. 1990, ch. 213, § 

### 44, p. 480.]**";"~'** C piler's notes. For this section as in effect ntil July 1, 1993, see the bound volume.

Section 45 of S.L. 1990, ch. 213 is compiled
as § 39-5 1.

Section 1 of S.L. 1990, ch. 213 as

### '~:~' amended by § 16 of S.L. 1991, h. 329 pro-**.!~** vided that §§ 3 through 45 a 

## a 48 through

.**.:.~** 110 of the act should take eff ct July 1, 1993**.~** and that §§ 1,2,46 and 47 ould take effect 

# :it . -'l July 1, 1990.
._**:'~**

-!:.''1: 

### 39-4413. nforcement procedures. - (A) Whene r the director de-**"~i!** 

### termines that ny person is in violation of any provisi n ofthis chapter

# or 

# i

1flJ 

### any permit, st ndard, regulation, condition, req rement, compliance 3[1

.**;~'!i"** 

### agreement or ord issued orpromulgated pursuan to this chapter, one or**'.'~** ::'J..**~'**...**?:'~** . 

### more of the follow' g actions may be taken: ' ., • ;:9**··r~** 

### (1) ADMINISTRA IVE ENFORCEMENT A IONS.**.,,~** 

### (a) Notice. The dire tor may commence an dministrative enforcement 

# -t action by issuing a itten notice of viol ion. The notice of violation .1 

### shall identify the aIle d violation with pecificity, shall specify each



# .. provision of the act, rul regulation, p rmit or order which has been .'j::j 

### violated, and shall state e amount civil penalty claimed for each :Of 

### violation. The notice of vio tion sha inform the person to whom it

# is'~ directed of an opportunity to confe with the director or the director's designee in a compliance confe en concerning the alleged violation. A'

..**~:** i 

### writtenresponse maybe require ithinfifteen (15) days ofreceiptofthe notice of violation by the pers n to whom it is directed. (b) Scheduling Compliance Co fere ceo Ifa recipient of a notice ofviola­ tion contacts the departmen within ifteen (15) days of the receipt of notice, the recipient shall e entitled 0 

### a compliance conference. The conference shall be held wrthin twenty ( 0) days ofthe date ofreceipt of notice, unless a laterdat is agreeduponb tweentheparties. If

### a compli­
ance conference is not equested, the direc r may proceed with a civil enforcement action a provided in subsectio (3) of this section. (c) Compliance Co renee. The compliance co erence shall provide 'an opportunityfor the ecipientofa'notice ofviolati to explainthe circum­ stances of the al eged violation and, where app opriate, to present a proposal forre edying damage caused by the aIle ed violation and for assuring futur compliance. If

### therecipient and the 'rector agree- on a plan to reme y damage caused by the alleged violat n and to assure

,future corny iance, they may enterinto'a consent order rmalizing their

agreemen

. The consent order may include a provision r payment of any agr d civil penalty.

. (d) Eff t of Consent Order. A consent order shall be effect! 'e immedi-' 'ately pon signing by both parties and shall preclude any civ enforce­

men action for the same alleged violation. If a party does no comply 

# • wi the terms ofthe consent order, the director may seek and 

### 00 ain in a y appropriate district court specific performance of the consent rder

nd such other relief as authorized in this chapter.

. (e) Failure to Reach Agreement on Consent Order. If

### the parties cann t reach agreement on a consent'order within sixty (60) days after th

# •

•

• 171 HAZARDOUS WASTE MANAGIENT 

# •

ceipt of the notice of violation, or if the recipient does not request
c plianceconferencepursuantto subsection (A)(l)(b) ofthis section, t e di ctor may commence and prosecute a civil enforcement action in istricf court, in accordance with subsection (A)(3) of this section.

, " 

### (2) P MIT SUSPENSION OR REVOCATION PROCEEDING

.. (a) Gro nds. The directormay revoke or temporarily suspendt permit of any h ardous waste facility or site pursuant to the ground provided in subsect n (6) of section 39-4409, Idaho Code. A violatio that is shown to have occurred as the result f an unforeseeable act 0 

### God despite a permitted party's reasonable fforts to comply with all a licable legal requirements shall not b grounds" for a suspension or r ocation. (b) Notice ofHea . g. The director shall commence
or revocation action y givinga permittedparty a ttennotice ofintent to suspend or revoke. he notice shall inform thep rmittedparty offacts

or conduct which war nt suspension or revoca on of the permit. The notice, hearing, andreco d requirements for co ested cases contained in the Idaho administrative rocedure act, chapt r 52, title 67, Idaho Code,

"and subsection (A)(2)(c) of his section shal apply to proceedings initiated under this subsection. evocation or suspension of a permit shall become final fifteen (15) day after deli ery of the notice of intent to revoke or suspend unless the ermitt party requests a hearing. (c) Administrative Hearing Pro isio . (i) 

### Upon a timely request by a it holder for a hearing to review thedirector's actionunder subsec n (A)(2)(b) ofthis section, the director shall promptly conduct a he rin open to the public. The contested
case provisions ofthe Idaho a inist tiveprocedure act shall apply to all hearings conducted und r this su section.

. (ii) 

### The director shall hav the authori to request from the district court in and for Ada coui 

### y or any other propriate district court the issuance ofan order in e nature of a sub ena compelling the attendance and testimony 0 

### witnesses and the pr duction before the director ofpapers, books, rawings, documents, tes results, and other evidence relevant to permit suspension or revo tion investigation or adjudication. (iii) After the haring, the director shall issue a ting forth fin . gs of fact, conclusions of law and n order. Anag­ -grieved 

### perso subject to the director's order may see itsreview as a final order i 

### a district court as provided by the Idaho dministrative procedure ct. District court review of the director's deci ion shall be limited the record developed before the director. ."" (3) CIV ENFORCEMENT ACTION. The attorney general ay comd prosecute in district court a civil enforcement act n. Civil enforc ent actions shall be commenced and prosecuted in the istrict cou in and for the county in which the alleged violation occurre and rna be brought against any person who is alleged to have violate any p vision of this chapter or any rule, regulation, permit, condition, e­ ."



### -

.. 

### uirement, consent order, or order which has become effective pursua t

### 172 

# , 

# ..



# •

•

• 39-4417A

# e HEALTH AND SAFEI



### ""to this chapter. Such action may be brought to compel compliance with 'any provision ofthis chapteror with any rule, regulation, permitorrder p;' ulgated hereunder, and for any reliefor remedies authorized in this chap r. The director shall not be required to initiate or pro cute an admini rative action before the attorney general may co ence and prosecute civil enforcement action. In addition, the atto ey general

.may delega this authority regarding civil enforceme9,( actions to the prosecuting at ey ofthe county where a civil

# 6nfor ment action may**ari~.** 

### .. . . " (B) ACTIONS AG ST GUARANTORS. If

### the er oroperatoris in bankruptcy, reorganizafi n or other arrangemexy pursuant to the federal bankruptcycode, or where isdiction cannot obtainedoyer anowneror operator likely to be solvent t the time of udgment, an action may be broughtdirectly against a guar torof fin cial responsibilityby the state
or any injured party for any claim lSI 

### from conduct for which guarantees offinancialresponsibility have n made. The'guarantormayinvoke'

. all rights and defenseswhich woul**.n:v~** 

### been. available to the owner or

. :'. -..'operator ana allrights':a:nd crefe' es no:' ·"Ily·'·av'aiTable**-t6.lhe··guaf~ntor** 

### . '(C) LIMITATION' OF ACTI FOR A INISTRATIVE AND CIVIL COURT PROCEEDINGS B bUGHT UND THE PROVISIONS OF THIS CHAPTER. No civil r administrative proc edingmay be brought to rec<?ver for a violation 0 

### his chapter or any perrm standard, regulation, condition, requireme or order issued or promulga d pursuant to this chapter more than 0 

### (2) years after the director had Ie 

### owledge orought reasonably to ha e had knowledge of the violation. [1. . 

### § 

### 39-4413, 

### as addedby 1983, . 154, § 

### 1, 

### p. 416; 

### am. 1986, 

### ch. 148, § 

### 6, 

### p. 5; 

### am. 1988, 

### ch. 259, 

## § 3 

### p. 498; 

### am. 1989, 

### ch. 38, § 

### 1, 

### p. 49.]

Compil s notes. The federal bankruptcy Section 2 of S.L. 1988, ch. 259 is mpiled code refe ed to in subsection (B) of this sec- as § 39-4409. tion is ompiled as 11 U.S.C., § 101 et seq.

S ion 5 of S.L. 1986, ch. 148 is compiled
as 39-4411.



### 3· 17B

.. Hazardous waste training, emergency and 

## monitormg account. l)

### Thereis herebycreated an 

### account inthe dedicated. fund in the state treas to be designated the hazardous waste-training, 'emergency and monitorin ccount. / /' 

### (2) The account shall c ist of:

. (a) Moneys appropriated to

.account· (b) 

### Moneys as provided in sectiori>:

- 432, 

### Idaho Code; (c) Donations, gifts and grants om an source; and (d) Any other moneys whi may hereafter provided by law

. .(3) Moneys in the ace t may be appropriated any or all of the following purposes: (a) Acquisitio property and equipment by the departmen health and welfa to analyze, monitor, contain, collector 

### dispose of haza wast ,. ..'. .' " '" ... ", . ',' " , ,'. 

# r

• I

Ii

" "

..... ...::,... :: 

# •

• 173 HAZARDOUS WASTE MANAGEMENT 

### 39-4423 

## (li mployment of or contracting with necessary personnel to analyze monito , contain, collect or dispose of hazardous wastes; or (c) Emplo t of individuals or contracting with individuals corporations to"respo throughout the state to health and ironmental problems whichmay ausedbyhazardous waste emergencies or spills, improperly packaged or 11 led hazardous waste-Sr the alleviation of damages to the people and en nment of t 'state ofIdaho caused by

"such emergencies or spills.

(d) Taking removal or remedial ion lating to hazardous wastes which the department deems n essary to pre t, minimize or mitigate damage to the public he and welfare or t nvironment. "[I.C., § 

### 39-4417B, as added 1984, ch. 205, § 

### 3, p. 502; am. p. 627.]

""Compiler' • otes, Sections 

### 1 andS ofS.L."" 1986, ch 1 are compiled as §§ 39-4410 and 39-4 , respectively.



## -:

39-4423. Disposalofrestrictedhazardous wastesprohibited. - (1) Notwithstandingany otherprovisionoflawto the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or on any land or water at a commercial- hazardous waste facility or site. (2) 

### The departmentmay issue a variance froin the requirements of subsection (1) ofthis section, if, in thejudgment ofthe director, application of the"requirements would cause undue hardship and the" granting of the variance would not be harmful to the public interest or inconsistent with RCRA requirements. In issuing the variance, the director shall take into account: (a) The long-term uncertainties associated with land"disposal; (b) 

### The goal ofmanaginghazardous wastes in an appropriate manner in the first instance; and (c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents. (3) -Cal "The board shall promulgate rules and regulations specifying those levels or methods oftreatment, ifany, which substantially dimin­ "ish" the toxicity of the waste or- substantially reduce the likelihood of

.:migration of hazardous constituents from the waste so that short-term

and long-term threats to human health and the environment are minimized. (b) Ifsuchrestricted hazardous waste hasbeen treated to the level or by

a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to the prohibition in subsection (1) of this section and may be disposed of in a land disposal facility which meets therequirements ofthis chapter. [I.C., § 

### 39-4423, as added by 1986, ch. 324, § 

### 2, p. 794.]

# • 39-4424 HEALTH AND SAFETY
Compiler's notes. Section 1 of S.L. 1986, ch. 324 is compiled as § 39-4403. 

# .: )4**-'~::~1** 

### 39-4424.

.Disposal ofmanifested waste.

- Manifested waste, as that '-:?i 

### termis defined in section 39-4403, Idaho Code, shall only be treated, stored

## '~:tf or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning of such manifested waste to produce heat is otherwise lawful. [I.C., § 

### 39-4424, as added by.1989, ch. 253, § 

### 2, p. 626.]

'Compiler's notes. Section 1 of S.L. 1989, Section 3 ofS.L. 1989, ch. 253 declared an ch. 253 is compiled as § 39-4403. emergency. Approved March 29, 1989.



### 39-4425. [Reserved.]

e, 

### 9-4426. Appointmentofhealthinspectors.- (1) The department ';:;.. / 

### hea and welfare shall assign, a sufficient number of employees nd " _--l"" 

# • equip nt to inspect hazardous waste facilities or sites permittednder 

## .4; section 3 -4409, Idaho Code, and locatedinIdaho where disposal 0 

### azard- ."

ous waste curs for the purpose .of assuring the protection-of e .health**-~** 

### and safety of e public by monitoring the receipt and handli g of hazard­
ous wastes whi have been transported by common ca ier. '. -. '. (2) The employ ofthe department ofhealth and we aredesignated in subsection (1) 

### of thi ection shall be agents of the aho transportation department andthepu .cutilities commissionfor e purpose ofcollecting regulatory andregistrati fees pursuant to se ions 61-811 and .61-812, Idaho Code, and for collectin fees and permit pursuantto chapter 4, title 49, Idaho Code, which fees hav not otherwi e been lawfullypaidby trans­ ::./

..**".~ .~**  

### porters to the public utilities corn ission he Idaho transportation department or a county assessor in this sf e nd for issuingpermits pursuant to section49-22202 [49-2202], Idaho Co All moneys collectedby thedepartment's employees as agents ofthe aho ansportation department andthe public utilities commission sha be remitf to the state treasurer for deposit in the proper account s provided by aw. _ . ,-,,;.,

, (3) _ All employees of th epartment designa d pursuant to subsection (1) 

### ofthis section shall ert proper authorities 0 

### eace officers regarding violations pursuant t this chapter,'violations purse t to title '61" Idaho Code, and violatio pursuant

## to title 49, Idaho Code, a d violations to any rules and regul ons issued pursuant to any of theafo mentioned code sections. 

# • All actio roughtfor violationsoftheprovisions ofthis ch terorrules andregu tionspromulgatedpursuantthereto shallbe brought a: provided for in is chapter. All actions brought for violations of the prov ions of title 1, Idaho Code, or oftitle 49, Idaho Code, shall be brought as pr ided i ose titles. 

# u.c., § 

### 39-4426, as added by 1984, ch. 205, § 

### 4, p. 502;

986, ch. 231, § 

### 3, p. 627; am. 1988, ch. 265, § 

### 569, p. 549.] .:.**-~,** .

••J!';-­I

.....'-4 

# •

•

• 175 NATURAL DEATH ACT 

### 39-4432

Compiler's notes. The bracketed refer­ Sections 568 and 570 of S.L. 1988, ch. 265
ence "49-2202" in subsection (2) was inserted are compiled as §§ 39-4410 and 40-70l. by the compiler. Section 586 of S.L. 1987, ch. 265 provided Sections 2 and 4 of S.L. 1986, ch. 231 are that the act should become effective on and compiled as §§ 39-4417B and 44-2501

­ after January I, 1989. 44-2515, respectively.



### 39-4429. 

## Books.andrecordstobepreserved

- Entryandinspection by department of health and welfare.

"Water" and "Chemical" Distinguished.

The legislature has indicated by its use of the word "chemical" in several statutes that

. . . . watershould notbe considered

### tobe a "chemical." Moosman v. Idaho Horse· Racing Comm'n, 117 Idaho 949, 793 P.2d 181 (1990). '

. . .**~4432.** 

### Distribution-of hazardous waste. disposal feerevenues.

.,,,;, - T .revenues ,received from the

### fees imposed by .this chapter and-any

I' 

### penaltie interest, or deficiency additions,'shail be paid over 'to**~he** 

### state treasurer 

## B the department to be distributed as follows: -: ," (1) An amo t of money to maintain the hazardotis wastedisposal fee refund account, ich 

### is hereby created, and from which 

### allrefunds authorized to be paid by is act shall be paid, at a 

### monthly balance of ten thousand dollars 

### ($10, ) or at such greater**s~s** 

### in the opinion ofthe department may'be neede to meet reasonable/requirements imposed on the hazardous waste disposa fee refund efuunt. ' (2) 

### The balance remaining WI' 

### the te treasurer after deducting the amounts in (1) 

### above, shall be 

### rerm periodically but no less frequently thanquarterly as follows: ninety-fi e p cent 

### (95%) shallbe remittedto the hazardous waste training, e rgency an monitoring account created in section 

### 39-4417B, Idaho Co ,andthe rernai 

### ing five percent 

### (5%) shallbe remitted to the county asurer ofthe county 0 

### counties where the activity occurred which c sed the fees to be assessed p suant "to"

### this chapter. Moneys shallbe portioned to 

### the counties inthe sa proportional manner in which ey were collected. Moneys returned to 

### ounties shall be utilized b e county to 

### respond to health and'environm tal problems which ay be causedby hazardous waste emergencies or spill , or.improperly andled or packaged hazardous waste. [I.C.; § 

### 39-4432;' as ded by 

### 4, ch. 

### 205, § 

### 10, p. 

### 502; am. 

### 1989, ch. 419, § 

### 1, p. 

### "1023.] ,

CHAPTER 45
NATURAL DEATH ACT

SECTION

. ,39-4506. 39-4507. 39-4508. attorney for 39-4509. Revocation. Execution of directive. Immunity. General provisions. SECTION. 39-4502. Statement of policy. 39-4503. Definitions. 39c4504. Living will. 39-4505. Durable power of health care.

### VIr- ," """f"\.,'. " .l{,jl {} 

# 'J"

. .. . . . . 10, •

.**~~V** . .... . . • L .4 \ ' I _ t" 0 .' • . ;". ,... \ '.

. '. r v."jT


# IDAHO CODE

CONTAININGTHE 

# 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 ofthe Idaho Code Commission

PHILLIP M. BARBER JESS B. HAWLEY, JR. WILLIS E. SULLIVAN COMMISSIONERS



### VOLUME SEVEN A

THE MICHIE COMPANY Law Publishers CHARLOTIESVILLE, VIRGINIA 

# •I 39-4403 HEALTH AND SAFETY 300

(b) To establish a program to track and control hazardous wastes from the time they are generated through transportation, treatment,'storage, anddisposal; and, (c) To assure the safe and adequate-management of hazardous wastes within the state. [I.C;, § 39-4402, as lidded by 1983, ch. 154, § 1, p. 416.]
Compiler's notes. For words "this act,"

---Applicability of zoning regulations to see Compilersnotes, § 39-440l. waste disposal facilities of state or local

Collateral References. Validity and con­ governmental entities.59 A.L.R.3d 1244. struction of statutes, ordinances, or regulations controlling discharge of industrial wastes into sewer systems. 47 A.L.R.3d 1224.

-4403. Definitions.- As used in this chapter:. (1) "Board"means the Idaho board ofhealth and welfare. (2)" mmercial hazardous waste facility or site" means any hazardous waste fac ity whose primarybusinessis thetreatment, storage or disposal, for a fee 0 other consideration, of hazardous'waste generated off site by generators ot r thantheownerand operatorofthe facility. (3) "Depart nt" means the Idaho department of health and welfare. (4) "Director" eans the director of the Idaho department ofhealth and welfare or thedirec r's authorized agent.

(5) "Disposal" mea the discharge, deposit, injection, dumping, spilling, leaking or placing of a hazardous waste into or on any land or water so that such hazardous w te or any constituent thereof may enter the environment or be emitte into the air or discharged into any waters, includingground waters. (6) "Generator" means any p son, who by virtue ofownership, management, or control, is responsible causing or allowing to be caused the creationof a hazardous waste. (7) "Hazardous waste" means a wa e or combination ofwastes ofasolid, liquid, semisolid, or contained gaseous m which, because ofits quantity, concentrationor characteristics (physical, emical or biological) may: (a) Cause or significantly contribute to n increase' in deaths' or an increase in serious, irreversible or incapaci ting reversible illnesses; or (b) Pose a substantial threat to human heal or to the environment if improperly treated, stored, disposed of, or mana d. Such wastes include,

.but are not limited to, materials which are toxic, orrosive, ignitible, or

reactive, or materials which may have mutag ic, teratogenic, or carcinogenic properties but do not include solid or di olved material in domestic sewage, or solid or dissolved materials in irriga: .on return flows
or industrial discharges which are point sources subj t to national pollution discharge elimination system permits under the eral Water Pollution Control'Act, as amended, 33 U.S.C., Section 1251 t seq., or source, special nuclear, or by-product material as defined by th Atomic EnergyAct of1954, as amended, 42 U.S.C., Section 2011 et seq. (8) "Hazardous waste management" means the systematic control 0 the collection, source separation, storage, treatment, transportation, proce ­ ing, anddisposal ofhazardous wastes. -;-.­

.j302 39-4404 HEALTH AND SAFETY Consistency with federal law. - The legislature intends
e stateofIdaho enact and carry out a hazardous waste program that 3 -4404.

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

. . ' The Ie . lature finds that the RCRA, as amended, 42 U.S.C., Section -Q901 et se ,and regulations adopted pursuant thereto, establish complex .' and detaile provisions for regulation of those who generate, transport, 'treat, store, nd dispose of hazardous wastes. The legislature cannot conveniently 0 advantageously set forth in this chapter all the requirements of all oftH regulationswhich havebeen or will be establishedunder RCRA.However, theprovisions ofthis chapter, the legislaturedesires

### t<L avoid the existenc of duplicative, overlapping or conflicting state and federal regulatorysy ms.

Therefore, the boa is directed to promulgate rules and regulations which are in substance onsistent with federal regulations adopted by the administrator of the 

### Urated States environmental protection agency to implement RCRA. The bo rd may not promulgate rules and regulations governing activities affecte by such federal regulations until at least six (6) months after the promulg tion of such regulations by the environmental protection agency. The six (6) months' delay shall apply, but not be limited, to rules and regulat ns concerning mining waste, mineral processing waste, and all otherm erials under studyby the administrator of the environmental protection a ncy as required by 42 U.S.C. sections 6982(f) and 6982(p). Until such tim as the board has promulgated rules and regulations concerning mining nd mineral wastes and materials under study by the administrator, thos wastes and materials shall not be considered or defined as hazardous waste'underthis chapter. Farmers and ranchers who treat, store, or dispose waste pesticides from their operations on lands owned or controlled by hem shall not be required by board rules or regulations to do anything mor than followthe instructions
on the pesticide label and triple rinse emptyco tainers in accordance with the RCRA regulations ofthe environmental pro ection agency. The board may not promulgate anyrule or regulation thatw uld impose conditions or requirements more stringent or broader in scope an the RCRA regulations of the environmental protection agency. The oard may, however, promulgate procedural rules and regulations and' es and regulations specifically authorized by this chapter or other stat statutes without showing that those rules and regulations are required y RCRA or the regulations of the environmental protection agency; pro .ded that those rules and regulations shall not conflict with this section, ot er sections of this chapter, RCRA, or the rules and regulations of the e vironmental protection agency. Any rule or regulation promulgated by the oard shall be valid until it is repealed or modified through the administrat e process of section 67-5201, Idaho Code, et seq. [I.C., § 39-4404, as added y 1983, ch. 154, § 1, p. 416.]

39-4405. Rules and regulations in general.

- Pursuant to the procedures established by the Idaho administrative procedures act, chap er39-4408 HEALTH AND SAFETY 304

which meets the hazardous waste criteria establishedby the board shall be considered a hazardous waste regardless ofwhether or not it is included by theboard in a listofhazardouswastes.

(2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but without the necessity of a public hearing,listas hazardous any waste or combinationof wastes determined to be hazardous by the United States environmental protection agency. [I.C.; § 39-4407, as added by 1983, ch. 154, § 1, p. 416.]

Sec. to sec. ref. This section is referred to in § 39-4411.

Unauthorized treatment, storage, release, or disposal of hazardou te prohibited.- No person shall treat or store hasardous waste, nor shall a erson discharge, incinerate, release, spill, place, or dispose any hazardous w in such a manner that the waste, or any constituentthereof, may enterthe [ronment,unless thedepartmenthas issued said person a permit or a varra as required for the specific activity involved or exempted the activity from p itrequirements. [l.C., § 39-4408, as addedby 1983, ch. 154, § 1, p. 416.]

39 09. Permit·requirements for hazardous waste treatment storage, or disposal facilities.

- (1) No person shall construct, operate, or modify azardous waste treatment, storage, or disposal facility or site without a pe it from the department. The owner.or operator ofthe facility
or site ratherth thebuilder shallbe responsible for obtainingthepermit. The board may exe t classes or categories ofhazardous waste treatment, storage, or disposalfa ilities from the permitrequirement if the exemption is in the public interest d consistent with RCRA requirements, The fact that a class or category of ch facilities is not required to obtain a federal permit shall be persuasive e idence that an exemption is in the public interest. Interim status granted . RCRA or a permit issued by the United States environmental protection a ncy prior to the date that the state program is authorizedby the adminis tor ofthat agency shall be adopted by the department as a state granted in rim status or as a state granted permituntilthe departmentissues a new st epermit. (2) The board shall promulgate rules and gulations establishing the terms and conditions for issuing permits to tli described facilities and sites, The rules and regulations shall provide for, ut not be limited to:

(a) Standards and procedures for the safe operation nd maintenance of thefacilities and sites; (b) Education and training qualifications of personnel a the facilities and sites; (c) Contractual commitment or consent to each facility or sit rom all holders ofinterests in thereal property committed to thatfacility site; (d) Monetary assurances in such form and amount as are necessar or effective management, maintenance, and monitoring ofthe facilities an sitesduring and afteroperation;39-4410 HEALTH AND SAFETY 306

ate's hazardous waste management program. Rules and regulations so p mulgated by the board shall prevail over conflicting rules and regulatio ofthecommission. (2) he hazardouswastetransportationrules andregulations shall apply to all t ansporters offederally regulated types and quantities ofhazardous waste nerated either by themselves or by others. These rules and regulatio shall apply to any movement ofhazardous wastes to or from a hazardous astefacility or site.

(3) The h ardous waste transportation rules and regulations shall providefor bu ot be limitedto: (a) Standards or the containerization and labeling ofhazardous wastes; (b) Standards r the handling and placarding of hazardous waste shipments; (c) A hazardousw te trackingsystemrequiringthat:"

(i) All transport s of federal regulated types and quantities of hazardous waste ob in an identification number from the department, the environmentalprot ction agency, or anotherapproved stateprogram, before acceptinghazardo s waste for transport; (ii) All shipments of derally regulated types and quantities of hazardous waste to be sped off site or received from off site be accompanied by a manifest r similar form describing the hazardous wastebeingshipped anditsde ination; (iii) A copy of each manife or similar form be returned to the generator and/ororiginator ofthe hipment and a copy be retainedby the transporterfor a minimum ofthree )years. (4) The hazardous waste transpo tion rules and regulations may provide for special routing ofhazardous aste shipments in this state when necessary to protect the public health, t public safety, or the environment. (5) The owner or operator of a motor vehi le or trailer transporting on the highways or public roads ofthis state haz dous waste required to be manifested shall be required to purchase a ha rdous waste trip permit. The permit shall be issued by the Idaho transpo ation department upon the payment of a fee of twenty dollars ($20.0 for each single trip movement or transit of the vehicle or trailer betwe the point of origin and destination as set forth in the permit. No permit all be required for transportation of five hundred (500) pounds or less ofha rdous waste by a generator twenty (20) miles or less to an accumulation sit from which the hazardous waste will ultimately be transported for fina disposal. The permitmay be in the form of a single trip permit issued purs ntto section 49-125A, Idaho Code, but shall not be in lieu of any othe permits or registration requiredpursuantto title 49, Idaho Code. All mone collected pursuant to this section by the Idaho transportation departmen shall be remitted to the state treasurerfor deposit in the hazardous waste t ining, emergency and monitoring account created in section 39-4417B, daho Code. An amount of money equal to the actual and reasonable co of issuing the hazardous waste trip permit and collecting the mon s pursuant thereto as determined by the Idaho transportation departme 

# \ 

# I

## l

39-4412 HEALTH AND SAFETY 308

di losure of information by the department to any officer, employee, or aut rized representative ofthe state or the United States, as necessary to carry t the provisions of this chapter or the provisions of RCRA. The provisio of this section shall not limit the department's' authority to release co dential information during an emergency involving hazardous waste, if tH director determines that release of the information is necessaryto sa guardthepublicinterest. (4) Each gene tor shall, at the discretion ofthe director, no later than thirty (30) days r the end of each calendar quarter submit a written reportto thedepartm t includingthefollowing information: (a) The types andqu titiesofhazardouswastesgenerated; (b) The types and qua ities of such wastes shipped for treatment and disposal by landfillingor hermeansofdisposal; (c) The types and quantitie of such wastes remaining in storage at the end ofthereportingperiod; (d) Whether such wastes are tined for disposal or treatment in this state or whether such wastes a destined for disposal or treatment

.outsidethis state.

(5) The operator of each hazardous \V te disposal facility or site in the state shall, no later than thirty (30) day after the end of each calendar quarter, submit a written report to the dep ment providing information

on the types and quantities of wastes receiv which were generated in Idaho, and information on the types and qua ities of wastes received which were generatedin otherstates. (6) Prior to December 31 of each year the depa ent shall submit a report to the governor and the legislature detaih g the types and quantities of hazardous wastes generated in this stat the types and quantities of such wastes shipped for treatment and dispos by landfilling

or other means of disposal, the types and quantities of uch wastes remainingin storage atthe end ofthe most recent reportingper d and the types and quantities of hazardous waste generated outside this ate and shipped into this state for storage or disposal. H.C., § 39-4411, as a ed by 1983, ch. 154, § 1, p. 416; am. 1984, ch. 258, § 1, p. 618.)

Sec. to sec. ref. This section is referred to in § 39·4429.

39-4412. Inspections

- Right of entry. - (1) All inspections and searches conducted under the authority ofthis chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, ofthe constitution of the state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances such as a publichealthor environmental emergency.310 39-4413 HEALTH AND SAFETY

itten notice of violation. The notice shall state with reasonable s cificity the nature of the problem and likely actions which the
rec ient should take to remedy the alleged violation. The notice shall also ate that a civil penalty could be imposed againstthe recipient if the vi ation is not remedied within thirty (30) days. The notice shall inform e person to whom it is directed of an opportunity to confer with the irector concerning the alleged violation. The notice may requirea .ttenresponse withinfifteen (15) days. 2. Schedulin Compliance Conference. If a recipient of a notice of violation cont cts the department within fifteen (15) days ofthe time the recipient r eived the notice, the recipient shall be entitled to a compliance confe nee. Theconference shallbe held withintwenty(20) days ofthe dateth notice was delivered to therecipient, unless a later date is agreed to. T conference shall be held during normal working hours at the local fie office of the department's division of environment located closest to e recipient's place ofbusiness or at any other date, time and location utually agreeable to the recipient and the department. 3. Compliance Conference. e compliance conference shall provide an opportunity for a recipient f a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a proposal for future mpliance. If the recipient and the director agree on a plan to bring he recipient into compliance, they may enter into a voluntary compli nee agreement formalizing their understanding. The compliance agre ent may include provisions for the payment of state costs associated vith the alleged violation and monetary assessments in lieu of civil pe lties. All funds secured by a compliance agreement shall be paid into he hazardous waste emergency accountcreatedby section 39-4417, I ho Code. 4. Effect of Compliance Agreement. A comp . nee agreement shall be effective immediately upon its being signed. I party does notcomply with the terms ofthe compliance agreement the irector may seek and obtain in any appropriate district court specific erformance of the agreement and such other reliefauthorized by sec 'on 39-4414, Idaho Code, as the court considers to be just and reas able under the circumstances. (b) PermitSuspension or Revocation Proceedings. 1. Grounds. The director may revoke or temporarily permit of any hazardous waste facility or site if the pe itted party fails to meet the requirements of a compliance agreement or if the permittedpartycommits a violation of the law or a permitwhi (i) Createsor hascreated a substantial threatto the public he lthor to the environment; or (ii) Is repetitious of prior violations of the same or diffe nt provisions ofthelaw; or (iii) Is allowed to continue or is not corrected within thirty (30) day ofa notice ofviolation.39-4414 HEALTH AND Slu'ETY 312

reasona to have had knowledge of the violation. [I.C., § 39-4413, as added by 1983, 4, § 1, p. 416.]

Sec. to sec. ref. This section is re in §§ 39-4409,39-4429.

3	 14. 

### Remedies.

- The remedies specified in this section are tive andnonexclusive. (1) 

### NETARYPENALTIES. (a) An erson who makes 

### .a false statement or representation in any applicati**,lab~l,** manifest, record, report, permit or other document filed, mai

. ined, or used for the purpose of complying with the provisions 0 his chapter shall be liable for a civil penalty notto exceed tenthousand lIars ($10,000) for each separate violation or for each day of a continuing

. lation. (b) Any person 0 violates this chapter or any permit, standard, regulation, conditi ,requirement, compliance agreement, or order issued or promulgate pursuantto this chapter shall be liable for a civil penalty not to exceed n thousand dollars ($10,000) for each separate violationor for eachday a continuingviolation. (c) The imposition or com tation of monetary penalties may take into account the seriousness of t violation and good faith efforts to comply withthelaw. (2) ASSESSMENT OF COSTS. ny person who violates this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or orderissued or promul ted pursuantto thischaptermay be assessed for: (a) The state's costs for any nonro 

### hie investigations, inspections, monitoring, or surveyswhichlead to evi ce oftheviolation; (b) The state's costs, including the re onable value of attorneys' services, for preparingandlitigatingthe cas

.. (c) The state's costs for mitigating, removing, orrecting or terminating adverse effects upon soil, air, or water qua 'ty resulting from the violation;

. (d) The state's costs for impounding, storing, and [sposing of contaminatedproperty; (e) Compensation for damages to publicly held resour es including but not limited to, land, water, recreational uses, wildlife, h and aquatic life to restore theresource to its highestprevioususe; (0 Compensation for damages to privately held resources in luding, but not limited to, livestock, land, water, or other personal pro erty, and compensation for court costs allowed by statute, reasonable arney's· fees for trial preparation and trial ofthe case, and all other rea nable costs oftrialpreparation andtrial ofthecase; (g) Compensation for damages to personal health and .compensation or court costs allowed by statute, reasonable attorney's fees for hi preparation and trial of the case, and all other reasonable costs oftrial preparation andtrial ofthe case;

## ':.:

# ,?,'~;:,;)/**,~:,:;:::;:~ ?\Tr:;:~)~'~?!:,::"·;~~~X:(;;~::**  

# ':**~:;t::\?;'**

# r '}/:>::/,;':><:,**:~** ,:<';/:Y"

# ·:~:,S:}(.~~~~':;~::~:;~~~,\~:'~,r:'::;,·:\,~:~~·~.:,:}:,::r:,~·~'~' 

# ,:':',,':**:/:r~::?{,'~:<** ,>



## . " 

# •

•

• 39-4417 HEALTH AND SAFETY 

### 314 

## i i 

### a civil action on that person's own behalf against any person alleged to I ! 

### have committed the violation. A person commencing an action under this ,j 

### section shall be required to file a bond or equivalent securityin an amount 

### i not less thanone thousanddollars ($1,000):

,j I 

### (2) No action may be commenced under subsection (1) 

### of this section if

c
'f I 

### the department has commenced and is diligently prosecuting an adminis­ 'j 

### trative, civil,"or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) ofthis section 

# d

., unless the plaintiffhas given the department sixty (60) days' notice and 

## u



# I substantial evidence of the violation upon which the citizens' action is based. However, 

### ifthe department commences an action in a court ofthe state of Idaho, any interested person may intervene as provided in rule 24(a) oftheIdahoRulesof Civil Procedure. (3) 

### In any action underthis section, the department may intervene as a matterofright. (4) When issuing any final order in any action brought pursuantto this section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, whenever the court determines such an award is appropriate, except that the state of Idaho shall notbe required to pay such costs in any citizen suit where the statehasbecome a party. (5) Nothing in 

### this section shall restrict any right which a person, or class of persons, may have under any other statute or the common law. [I.C., § 

### 39-4416, 

### as addedby 1983, ch. 154, § 

### 1, p. 416.]

39-4417. Hazardous waste emergency account. ,(1) There is hereby createdanaccount inthe agency assetfund in the statetreasury

### to be designatedthehazardouswasteemergencyaccount. (2) The account shall consist of moneys appropriated 

### to the account by the legislature, moneys allottedto the account as a result ofdepartmental compliance proceedings, moneys allotted to the account in a court ordered award or judgment, moneys allotted to the account in a court approved settlement,andmoneys contributedto theaccount from othersources. (3) Moneys in the account may be used by the director in the case of a hazardous waste emergency 

### to pay the necessary costs of preventing, neutralizing, or mitigating any threat to the public health or safety, or 

### to theenvironmentcausedby thatemergency. (4) The board may promulgate regulations for the withdrawal and use of funds from the accountas specified in subsection (3) ofthissection. (5) All moneys placed in the account are hereby perpetually appropriated to the department for the purposes described in subsection (3) ofthis section. All expenditures from the account shall be paid out in warrants drawnby thestateauditorupon presentationof the propervouchers. (6) Pending use, surplus moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code. Interest earned on the investments shall be returned to the account. [I.C.; § 

### 39-4417, as added by 1983, ch. 154, § 

### I, p. 416.J

.'.':: :: ..::.:.!,:

..

_ ..**:.~ .::":'~'.::,**  • -:">.**_,~",** .."';;"::'':.;'

.. :' _ : :.:.**:~:** -,**~:.: '-::.'"·:.:~:-r:._:** **::=~~.:~:** ,.::.'.**_~:** "_ ::_.:

..**~.** '.39-4420 HEALTH AND SAFETY 316

39-4420. Employment security.

- (1) No employee of a hazardous waste generator, transporter or treatment, storage, or disposal facility or site shall be dismissed, suspended, or otherwise discriminated against becausethe employmenttestifies, provides informationor otherwise assists in theenforcementor administration ofthe provisions ofthischapter. (2) Any,employerwho knowingly violates theprovisions ofsubsection (1) of this section shall be liable for damages;costs and attorneys' fees, in addition to any other liabilty for reliefauthorized by this chapter, by any otherstatute, or by the common law. [I.C, § 39-4420, as added by 1983, ch. 154, § 1,p. 416.]

39-4421. Good samaritan protection. - (1) Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened leakage, seepage, or other release of hazardous waste, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up or dispose ofany such leakage, seepage or otherrelease, shall be subject to civil liabilitiesor penaltiesof any type. (2) The immunities provided in subsection (1) ofthis section above shall not apply to anyperson: (a) Whose act or omission caused in whole or in part such actual or threatenedleakage, seepage or otherrelease and who would otherwise be liabletherefor; or (b) Who receives compensation other than reimbursement for out-ofpocket expenses for services in rendering such assistance or advice. (3) Nothing in section (1) above shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton, or intentional misconduct. [I.C., § 39-4421, as added by 1983, ch. 154, § 1, p. 416.]

39-4422. Severability.- The provisions ofthis act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity ofremaining portions ofthis act. [I.C., § 39-4422, as addedby 1983, ch. 154, § 1, p. 416.]

Compiler's notes. For words "this act" see Compiler's notes, § 39-4401.

39 Appointmentofhealthinspectors. - (1) The departmentof health and w e shall assign a sufficient number of employees and equipment to inspec rdous waste facilities or sites permitted under section 39-4409, Idaho Co , d located in Idaho where disposal of hazardous waste occurs for the pu of assuring the protection of the health and safety of the public by monitori e receipt and handling of hazardous wastes which havebeen transported by co n carrier.39-4429 HEALTH AND SAFETY 318

ofthe hazardous waste facility or site is liable for the preceding monthly period, and shall sign and transmit the same to the department, together with a remittance for such amountin theformrequired. (2) The department may relieve any person or class of persons from the obligation of filing monthly returns and may require the return to cover other reporting periods, but in no event shall returns be filed for a period. greater than three (3) months. [I.C., § 39-4428, as added by 1984, ch, 205, § 6, p. 502.]

39-4429. Books and records to be preserved

- Entry and inspection by department of health and welfare.

- Every person or entity subject to the imposttion of the fees specified in section 39-4427, Idaho Code, shallkeep complete andaccuraterecords, includingitemized invoices and manifests for federally regulated types and quantities of hazardous waste ultimately disposed ofat a hazardous waste facility or site in Idaho. All books, documents and papers,·computer tapes, discs, and other records required to be keptby this section shall be preserved for a period ofatleast five (5) years from the date of the records or the date of the entries appearing in the records, unless the department in writing, authorized their destruction or disposal at an earlier date. For purposes ofthis act, at any time during usual business hours, the department or duly authorized agents or employees, may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes or other chemicals contained therein, to determine whether or not all the provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret information obtainedby the departmentundertheprovisions ofthis section shall be treated in the same manner as such information obtained under section 39-4411, Idaho Code. If the department, or any of its authorized agents or employees is unreasonably denied free access or is unreasonably hindered or interfered with in making the examination' of a hazardous waste facility or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility or site's permit by the director of the department of health and welfare under subsection (b) of section 39-4413, Idaho Code. [I.C., § 39-4429, as added by 1984, ch. 205, § 7, p. 502.]

39-4430. Additions and penalties. - The additions, penalties, and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they may be subsequently amended, shall apply in the same manner and to the

same extent to this act as to the Idaho income tax act and shall cover such additions, penalties and requirements and shall, for this purpose, be described and be for acts, omissions, delinquencies, and requirements underthis chapter. [I.e., § 39-4430, as added by 1984, ch. 205, § 8, p. 502.]

# I .1988 

# CUMULATIVE POCKET SUPPLEMENT

IDAHO CODE

Compiled Under the Supervision ofthe Idaho Code Commission

PHILLIP M. BARBER WILLIS E. SULLIVAN JESS B. HAWLEY, JR. COMMISSIONERS

VOLUME 7A

For your convenience in reporting any errors in these supplementsorsuggestedimprovementsoradditionsyouwillfind postpaid cards in the back of the 1988 Replacement Index Volumes.

Place this supplementin the pocket ofthe corresponding volume ofthe set

COPYRIGHT © 1986, 1987, 1988

All Rights Reserved 

### By

THE MICHIE CaMPANY Law Publishers
CHARLOTI'ESVIu.E, VIRGINIA 

# I78 39-4403 HEALTH AND SAFETY

(6) "Generator"means anyperson; who by virtue ofownership, management, or control, is responsible for causing or allowing to be caused the creation of a hazardous waste.

(7) "Hazardouswaste"meansa waste or combinationofwastes of a solid, liquid, semisolid, or contained gaseous form which, because ofitsquantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or (b) Pose a substantial threat to human health or to the environment if improperlytreated, stored, disposed of, or managed. Suchwastes include, but are not limited to, materials which are toxic, corrosive, ignitible, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows
or industrialdischarges which are pointsources subjectto national pollution discharge elimination system permits under the Federal Water Pollution Control Act, as amended, 33 U.S.C., Section 1251 etseq., or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C., Section 2011 et seq. (8) "Hazardous waste management" means the systematic control ofthe collection, source separation, storage, treatment, transportation,'processing, and disposal of hazardous wastes.

(9) "Hazardous waste facility or site" means any property, structure, or ancillary equipment intended or used for the transportation, treatment, storage or disposal of hazardous wastes. (10) "Injection" means the subsurface emplacement of free liquids. (11) "Manifest" means a form used for identifyingthe quantity, composition, origin, routing, waste identificationcoders), and destinationofhazardous waste during any transportation from the point of generation to the point of treatment, storage or disposal. (12) "Person" means any individual, association, partnership, firm,joint stock company, trust, estate, political subdivision, public or private corporation, stateor federal governmental department, agency, or instrumentality, or any other legal entity which is recognized by law as the subject of rights and duties. (13) "RCRA" means the Resource Conservation and Recovery Act of 1976 as amended in 1978, 1980 and 1984.

(14) "Restricted hazardous waste" means either of the following: (a) Any hazardous waste which contains any ofthe following substances, in the following concentrations, as determined without considering any dilution 'which may occur, unless the dilution is a normal part of the manufacturing process:

(i) Liquid hazardous wastes containing free cyanides or sulfides at concentrations greaterthan, or equal to, one thousand (1,000) partsper million. (ii) Liquid hazardous wastes containing any ofthe following metals or elements, or compounds ofthese metals or elements, at concentrations greater than, or equal to, any of the' following:80 39-4404 HEALTH AND SAFETY

39-4404. Consistency with federal law. - The legislature intends thatthe stateof Idaho enact andcarryout a hazardouswaste programthat will enablethe stateto assume primacy over hazardouswaste control from the federal government.

The legislature finds that the RCRA, as amended, 42 U.S.C., Section 6901 et seq., and regulations adopted pursuant thereto, establish complex and detailed provisions for regulation of those who generate, 

### transport, treat, store, anddispose ofhazardous wastes. The legislature cannotconveniently or advantageously set forth in this chapter all the requirements of all ofthe regulations whichhavebeen or will be established underRCRA. However, by the provisions ofthis chapter, the legislature desires to avoid the existence of duplicative, overlapping or conflicting state and federal regulatory systems.

Therefore, the board is directed to promulgate rules and regulations which are in substance consistent with RCRA and the federal regulations adopted by the administrator ofthe United States environmental protection agency to implementRCRA. Until such time as theboard haspromulgated rules and regulations concerning mining and mineral wastes and materials under study by the administrator, those wastes and materials shall notbe considered or defined as hazardous wastes under this chapter; provided, however, thatspentpotliners from primary aluminum reduction,
or environmental protection agency hazardous waste number K088, shall be defined as hazardous waste. Farmers and ranchers who treat, store, or .dispose of waste pesticides from their operations on lands owned or controlled by them shall not be required by board rules or regulations to do anythingmore thanfollowthe instructions on thepesticide label andtriple rinse empty containers in accordance with the RCRA regulations of the environmental protection agency. The board may not promulgate any rule
or regulationthatwould impose conditions or requirements more stringent
or broader in scope than RCRA and the RCRA regulations ofthe environmental protection agency. The board may, however, promulgateprocedural rules and regulations and rules and regulations specifically authorized by this chapter or other state statutes without showing that those rules and regulations are required by RCRA or the regulations ofthe environmental protection agency; provided that those rules and regulations shall not conflict withthissection, othersections ofthischapter,RCRA, or therulesand regulations ofthe environmental protection agency. Any rule or regulation promulgated by the board shall be valid until it is repealed or modified through the administrative process of section 67-5201, Idaho Code, et seq. [I.C., § 39-4404, as added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 182, § I, p. 479; am. 1988, ch. 6, § I, p. 6; am. 1988, ch. 259, § I, p. 498.]

Compiler's notes. This section was of the third paragraph. inserted "RCRA and amendedby two 1988 acts which appearto be the"; and in the sixth sentence of the third compatible and have been compiled together. paragraph, inserted "RCRA and." The amendment by ch. 6 deleted the second Section 2 ofS.L. 1986, ch. 182. declared an andthird sentencesofthe third paragraph as emergency. Approved April 1, 1986. they appear in the bound volume. The Section 2 of S.L. 1988, ch. 259 is compiled amendment by ch. 259. in the first sentence as § 39-4409.39-4409 HEALTH AND SAFETY 

### 82
RCRA, unless the owner or operator of the landfill demonstrates to the director that: (a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and (b) Placementin theowneror operator'slandfillwill notpresenta riskof contamination ofany existing or potential underground source of'drinking water. (3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment. (4) The board shall have authority to prohibit: (a) Land disposal of any hazardous waste; and , (b) Storage of any hazardouswaste prohibitedfrom landdisposal, unless

such storage is solely for thepurpose ofthe accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, " treatment or disposal. [I.C., § 39-4408, as added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 148, § 3, p.415.]

Compiler's notes, Section 3005(c) or Section 2 of S.L. 1986, ch, 148 is compiled RCRA referred to in this section is compiled as § 39-4405. as 42 U.S.C., § 6925(c).

39-4409. Permit requirements for,hazardous waste treatment, storage, or disposal facilities.

- (1) No person shall construct, operate, or modify a hazardous waste treatment, storage, or disposal facility or site withouta permitfrom the department. The owner or operatorofthefacility
or siteratherthanthe buildershallberesponsible for obtainingthepermit. Permits may contain such conditions necessary to protect human health and environment. The board may exemptclasses or categories ofhazardous wastetreatment, storage, or disposal facilities from thepermitrequirement if the exemption is in the public interest and consistent with RCRA requirements. The fact that a class or category of such facilities is not'required to obtain a federal permit shall be persuasive evidence that an exemption is in the public interest. • (2) Interim status granted by RCRA or a permit issued by the United States environmental protection agency prior to the date that the state program is authorizedby the administrator ofthatagency shall be adopted by the department as a state granted interim status or as a state granted permit until the department issues a new state permit. The board may adopt such rules and regulations as necessary to:

(a) Allow other facilities to qualify for interim status; (b) Require existing interim status surface impoundments, new units, replacement ofexisting units and lateral expansions ofexisting interim status facilities to comply with all regulations which apply to new facilities; and (c) Provide for the termination of interim status.84 39-4409 HEALTH AND SAFETY

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

. (8) (a) The director of the department may issue a research, developmentand demonstration permitfor any hazardous waste treatmenttechnology or processfor which permitstandardsfor such experimental activityhave notbeenpromulgated. Any such permitshallinclude suchterms and conditions as will assure protection ofhuman health and the environment. Such permits shall: 1. Provide for the construction of such facilities, as necessary, and for operation of the facility for not longer than one (1) year (unless renewed as provided below); and. 2. Provide for the receipt and treatment by the facility of only those types and quantities ofhazardous waste which the director deems necessary for purposes ofdetermining the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and 3. Include such requirements as the director deems necessary to protect humanhealth and the environment (including, but not limitedto, requirements regarding monitoring, operation, insurance or bonding, financial responsibility, closure, and remedial action); and 4. Include such requirements as the director deems necessary regardingtesting andproviding ofinformation to the director with respectto the operation of the facility.

. (b) The director may apply the criteria set forth in paragraph (a) ofthis subsection in establishingthe conditions of each permitwithout separate establishment of regulations implementing such criteria. (c) For the purpose of expediting review and issuance ofpermits under this subsection, the director may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements established in the general permitregulations except that there may be no modification or waiver of regulations regarding financial responsibility (including.insurancefor of applicable public participation procedures. (d) The director may renew a research, development and demonstration permit which has been issued pursuant to this subsection. The renewal term shall be no longerthan one (1)year. A permit shall notbe renewed
more than three (3) times. 

### [I.e., § 39-4409, as added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 148, § 4,p. 415; am. 1987,ch. 102, § 1,p. 204; am. 1988, ch. 7, § 1, p. 7; am. 1988, ch. 259, § 2, p. 498.]

Compiler's notes. This section was The words in parentheses so appeared in amendedby two 1988 actswhich appearto be the law as enacted. compatible and have been compiled together. Section 5 of

### S.L. 1986, ch. 148 is compiled The amendmentby ch. 7, in the first sentence as § 39-4411. ofsubsection (5), inserted "issued"; and added Sections 1 and 3 of S.L. 1988, ch. 259 are subdivision (8)(d). The amendment by ch. compiled as §§ 39-4404 and 39-4413, respec­ 259, in subdivision (2)(b), inserted "existing tively. interim status surface impoundments"; and Sec. to sec. ref. This section is referred to in the first sentence of subsection (5), in­ in § 39-4413. serted "issued."86 39-4410 HEALTH AND SAFETY
transporter has obtained a special permit from the Idaho transportation department as provided in section 49-2504, Idaho Code. If an improperly documented shipment ofhazardous waste arrives at a permitted commercial hazardous waste facility or site, the owner or operator ofthefacility or site shall immediately notify the Idaho transportation department and the Idaho department of law enforcement. [l.C., § 39-4410, as added by 1983, ch. 154, § l,p.416;8ln.1984,ch.205,§ 2,p. 502; am. 1986,ch.231,§ l,p. 627.]

Compiler's notes. For this section as ef­ Transportation Department shall be authofective January I, 1989 see the following sec­ rized to permit any person renewing or purtion also numbered § 39-4410. chasing a vehicle registration on and after

Section 2 of S.L. 1986, ch, 231, is compiled July I, 1986, to acquire a vehicle registration as § 39-4417B. endorsement prior to January I, 1987, and

Section 5 of S.L. 1986, ch. 231, read: "An any receipts therefrom shall be placed in the emergency existing therefor, which emer­ Hazardous MateriallHazardous Waste Transgency is hereby declared to exist, Section portation Enforcement Account which is cre­ 49-2512, Idaho Code, which is enactedby Sec­ ated in section 49-2507, Idaho Code, which is tion 4 of this act shall be in full force and enacted by Section 4, of this act and Section effect on and after this act's passage and ap­ 49-2507, Idaho Code, whichis enactedby Sec­ proval. The remaining provisions of this act tion 4 of this act shall be in full force and shall be in full force and effect on and after effect on and after July I, 1986. Approved January I, 1987; provided, however, thatthe April 3, 1986." Idaho Transportation Board and Idaho

39-4410. Transportation ofhazardous waste [Effective January I, 1989]. 

### -H) The board shall promulgate hazardous waste transporta . n rules and re lations to control the intrastate and interstate tr ortation of federal regulated types and quantities of hazardou aste. The rules and regulat ns shall be consistent with the rules d regulations issued by the Unite tates department oftranspo on and the United States environmental tection agency. The and regulations shall also be consistent with th les and regula' ns of the Idaho public utilities commission unless such nsistenc ould impair the primacy or the effectiveness ofthe state's haz 0 aste management program. In that
case the board shall confer wi commission and endeavor to develop mutually acceptable trans tion es and regulations. Ifmutually acceptable rules andre ions cannotbe eveloped, theboardshallpromulgate transportatio les and regulations at minimize conflict with the commission's es and regulations while as ring the primary authority and effec . eness of the state's hazardous wa management program. Rule nd regulations so promulgated by the boar hall prevail over con­

. ing rules and regulations of the commission. ,_,_",e. hazardouswastetransportationrules and regulations**sh.~a;;ll**.......-r'J to all transpo federally regulated types and 0 azardous waste generated either e 0 ers. These rules andregulations shall a I ovement 0 lated quantity of hazardous**UTJ:I~~f.i\or** from a hazardous waste facility or . ,

(3) The hazardous waste transportation rules and regulations shall provide for but not be limited to: (a) Standards for the containerization and labeling ofhazardous wastes;88 39-4411 HEALTH AND SAFETY

(f) The provision of relevant information to the department. (2) Sixty (60) days after promulgation ofthe criteria and lists specified under section 39-4407, Idaho Code, and the rules and regulations required under section 39-4405, Idaho Code, and subsection (1) ofthis section, the generation, transportation, treatment, storage, or disposal of a hazardous waste in this state by any person without reporting such activity to the departmentas requiredby theregulationsissuedpursuant

### to subsection (1) of this section shall be unlawful. (3) Information obtainedby the department or by agents, contractors, or otherrepresentatives ofthe department, underanyprovisions ofthis chapter, shall be available to the public, unless the director certifies such informationmustbe keptconfidential. The director may makesuchcertification upon a showing, to the satisfaction ofthe director, thatthe information, or parts thereof, ifmade public, would divulge methods, processes, or activities constituting trade secrets. Nothing in this subsection shall be construed as limiting the disclosure ofinformation by the department to any officer, employee, or authorized representative of the state or the United States, as necessary to carryoutthe provisions ofthis chapteror the provisions of RCRA. The provisions of this section shall not limit the department's authority to release confidential information during an emergency involving hazardous waste, if the director determines that release of the information is necessary to safeguard the public interest.

(4) Each generator shall, at the discretion ofthe director, no later than thirty (30) days after the end of each calendar quarter submit a written report to the department including the.following information: (a) The types and quantities of hazardous wastes generated; (b) The types and quantities of such wastes shipped for treatment and disposal by landfilling or other means of disposal; (c) The types and quantities of such wastes remaining in storage at the end of the reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state.

.. (5) The operator of each hazardous waste disposal facility or site in the state shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the department providing information
on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states.

(6) Prior to December 31 of each year the department shall submit a report to the governor and the legislature detailing the types and quantities ofhazardous wastes generatedin this state, the types and quantities of such wastes shipped for treatment and disposal by landfilling or other
means of disposal, the types and quantities of such wastes remaining in storage at the end ofthe most recent reporting period and the types and quantities ofhazardous waste generated outside this state and shipped into this statefor storage or disposal. [I.C.,§ 39-4411, as addedby 1983, ch. 154, § 1, p. 416; am. 1984, ch. 258, § 1, p. 618; am. 1986, ch. 148, § 5, p. 415.]i 90 39-4413 HEALTH AND SAFETY

f any hazardous waste facility or site pursuant to the grounds provided

subsection (6) of section 39-4409, Idaho Code.

violation that is shown to have occurred as the result of an unforeseea e act of God despite a permitted party's reasonable efforts to comply all applicable legal requirements shall not be grounds for a suspens n or revocation. (b) Notic of Hearing. The director may commence a permit suspension

or revocati actionby givinga permittedpartya Writtennoticeofintent to suspend 0 revoke. The notice shall inform thepermittedpartyoffacts
or conduct w .ch warrant suspension or revocation of the permit. The notice, hearing, nd recordrequirements for contested cases containedin the Idaho admini trative procedure act, chapter 52, title 67, Idaho Code, and subsection (A )(c) of this section shall apply to proceedings initiated under this sub ction. Revocation or suspension of a permit shall become final fifteen 5) days after delivery of the notice of intent to revoke or suspend unl s the permitted party requests a hearing. (c) Administrative Hear g Provisions. (i) Upon a timely reque by a permit holder for a hearing to review thedirector's actionunder ubsection (A)(2)(b)ofthis section,the director shall promptly conduct hearing open to the public. The contested

case provisionsoftheIdaho a inistrativeprocedure act shallapply to all hearings conducted under his subsection. (ii) The director shall have the uthority to request from the district court in and for Ada county or an other appropriate district courtthe issuance of an order in the nature 0 a subpoena compelling the attendance and testimony ofwitnesses an the production before the director ofpapers, books, drawings, docume ts, test results, and other evidence relevant to a permit suspension revocation investigation or adjudication. (iii) After the hearing, the director shall i ue a written opinion setting forth findings of fact, conclusions of la and an order. An aggrieved person subject to the director's order. y seek its review as a final order in a district court as provided by the daho administrative procedure act. District court review of the direc 's decision shall be limited to the record developed before the directo

. (3) CIVIL ENFORCEMENT ACTION. The attorney neral may commence and prosecute in district court a civil enforceme t action. Civil enforcement actions shall be commenced and prosecuted the district court in and for the county in which the alleged violation 0 urred, and may be brought against any person who is alleged to have VI lated any provision of this chapter or any rule, regulation, permit, con ition, requirement, consent order, or order which has become effective p rsuant to this chapter. Such action may be brought to compel complianc with any provision ofthis chapteror with anyrule, regulation, permitor der promulgated hereunder, andfor any reliefor remedies authorized in t is chapter. The director shall not be required to initiate or prosecute a administrative action before the attorney general may commence andHEALTH AND SAFETY 92 39-4423

damages to the people and environment of the state of Idaho caused by such emergencies or spills. (d) Taking removal or remedial action relating to hazardous wastes which the department deems necessary to prevent, minimize or mitigate damage to the public health and welfare or the environment. [I.C., § 39-4417B, as addedby 1984, ch. 205, § 3, p. 502; am. 1986,

### ch. 231, § 2, p. 627.]

Compiler's notes, Sections 1 and 3 of S.L. 1986, ch. 231 arecompiled as §§ 39-4410 and 39-4426, respectively.

39-4423. Disposal ofrestricted hazardous wastes prohibited.

- (1) Notwithstandinganyotherprovision oflawto the contrary, no personshall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as definedin section 39-4403, Idaho Code, into or on any land or water at a commercial hazardous waste facility or site. (2) The department may issue a variance from the requirements of subsection (1) ofthis section, if, in thejudgment ofthe director, application of the" requirements would cause undue hardship and the granting of the variance would not be harmful to the public interest or inconsistent with RCRA requirements. In issuing the variance, the director shall take into account: (a) The long-term uncertainties associated with land disposal; (b) The goal ofmanaginghazardous wastes in an appropriate manner in the first instance; and (c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents. (3) (a) The board shall promulgate rules and regulations specifying those levels or methods of treatment, ifany, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste SQ that short-term and long-term threats to human health and the environment are minimized. " (b) Ifsuch restricted hazardous waste hasbeen treated to the level or by

a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to the prohibition in subsection (1) of this section and may be disposed of in a land disposal facility which meets the requirements ofthis chapter. [I.C., § 39-4423, as added by 1986, ch. 324, § 2, p. 794.]

Compiler's notes, Section 1 of S.L. 1986, ch. 324 is compiled as § 39-4403.**39=2M~_A~pointment** of health inspectors [Effective until January I, 1989]. - artment of health and welfare shall assign a sufficient number of employees a . ment to inspect hazardous waste facilities or sites permitted under section 39- , Code, and located in Idaho where disposal ofhazardous waste occurs for the pu sur93
ing t
rece: corm (2' subs depa regu Idah 49, I port.
men secti ploy' utili the 

### (3 (1) 0 viola Code rule: secti Al and for i title in tl 198E

Co: fectiv tion ;
39 198£
nurn or si whe: prot, and
carr: (2 subs depc reg<; Ida}: 49,1 port'
men sect;ment's employees as agentsofthe Idahotransportation departmentand the public utilities commission shall be remitted to the state treasurer for deposit in the proper account as provided by law.

(3) All employees of the department designated pursuant to subsection (1) ofthis section shall alert proper authorities or peace officers regarding violations pursuant to this chapter, violations pursuant to title 61, Idaho Code, andviolations pursuantto title 49; Idaho Code, and violations to any rules and regulations issued pursuant to any of the aforementioned code sections.

All actions broughtfor violations oftheprovisions ofthis chapteror rules and regulations promulgatedpursuantthereto shallbe broughtas provided for in this chapter. All actions brought for violations of the provisions of title 61, Idaho Code, or oftitle 49, Idaho Code, shall be brought as provided in those titles. [I.C., § 39-4426, as added by 1984, ch. 205, § 4, p. 502; am. 1986, ch. 231, § 3, p. 627; am. 1988, ch. 265, § 569, p. 549.) 94

SECTION. 39-4506. Revocation. 39·4507. Executio of directive. 39·4508. Imm ity, 39·4509. Ge ral provisions.

Sections 568 and 570 of S.L. 1988, ch. 265 are compiled as §§ 39-4410 and 40-701.

Section 586 of S.L. 1987, ch. 265 provided that the act should become effective on and after January 1, 1989. HEALTH AND SAFETY

Statement of policy. Definitions.

iving will. Du ble power of attorney for h th care. 39-4502

Compiler's notes. For the version of this section as effective prior to January 1, 1989 see the preceding section also numbered § 39-4426.

The bracketed reference "49-2202" in subection (2) was inserted by the compiler.

CHAPTER 45
NATURAL DEATH ACT

39-4502. Statem t ofpolicy. - T legislature finds that adult persons have the fundame I right to ntrol the decisions relating to the rendering oftheir medical c e, in ding the decision to have life sustaining procedures withheld or WI drawn.

The legislature further fin tha odern medical technology has made possible the artificial pro ngation 0 uman life beyond natural limits.

The legislature furt finds that patie are sometimes unable to express their desire to ithhold or withdraw su artificial life prolongation procedures whic rovide nothing medically nece ary or beneficial to the patient becau of the patient's inability to comrnufti ate with the physician.

In rec ition of the dignity and privacy which patients ve a right to expec , the legislature hereby declares that the laws of this ate shall

re gnize the right of a competent person to have his wishes for dical

eatment and for the withdrawal of artificial life sustaining proce es carried out even though thatperson is no longer able to communicate wit the physician.