# APPENDIX XIII

# 2010 

# CUMULATIVE 

# POCKET SUPPLEMENT

IDAHO CODE

Compiled Under the Supervision ofthe Idaho Code Commission

RICHARD F. GOODSON R. DANIEL BOWEN THOMAS A. 

### MILLER COMMISSIONERS

MAX M. SHEILS, JR. 

### EXECUTIVE SECRETARY

TITLES 39(44-89), 40



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### ISBN**978'Q.67!~;83l388.Q** 

### (Set) ISBN**9i8-Q~327'03!')7'7.8**

### TITLE 89


## HEALTHAND SAFETY

CHAPTER. 44. HAzARoous WASTE MANAGE"';'''', § 

## 39­ 4427. 45. THE MEDICA!) CO",mNT ANn NATOItAL DIlATIl AcT, §§ 39-4501

- .394515.

. 46.**l:nAj!O,DJ;OVELOP~AL** D.ni¥,ILrJ;IlllSSI\l;VICES A>iJ) FACIiITIEsACT §§ 39-4602,394604. t 48. lMMtrNizAT1ON, U 39-4808 -'- 39-4805. 50. EQUAL'OPPOltTiJNITY FOR; DISPtACED HOME­

_ ACT,. §§ 39-5901.- 39,,5004- 39­ 500B. 51. FAMILY SuProET AND IN-HOME AsslST,wCE, § 39-5102.

. 53. ADm.,,; ABusE, NEGLECT ANn Ex:JiI1rrATIol< ACT,

### U 39-53Qt'l9-531!)i

. 55.. CLEAN**~Am"** §§, 39-51i\l1 39-5594,

. 39-55G6, 39-5507, 39-5511. 56. PERSON";;AsilISTANCIO S!itViCllS, §§ 39C WOl -' 39'5603, 39-5606

- 39-5609, 

### 97. PREVENTION OF MINORS' ACCESS TO ToBACCDt §§ 39-5702, 39-5710, 39-5714

- 39­ 5718.

. . 59, IDAHO R1.IRA!; HllJALm CAREAccEss P!loORAM, §§ 39-5903 -,.39'.&905, 39-5909. 60.**(;J;n~~** TRUST.F'J.!ND,§ 1i9-60p7. 61. IDAHo' CONRAD 

### J-i VISA WAIVER AND NA

### TION"" llmJ

... ST

### wJ>.IVim P!loOltAMS, §§'39­ 6101

- 39-6118. 62. PCB 

### WAIimI Dlsros. • .:r

.. !REPI!ALEn.] 

### 63, DpM.i!TIo VIOLENCE Crw,m PRJ!VENTION, ,§§ 39-sa03, 39::6306; 39-6306A, 39­ 6316, 64. CLilAll> LAKEsAcT. (Rm>EArJrn.] 65. WASTE 'l'rllE DlsroSAL, §§ S9-Sti01

- 39­ 6508. 66. BIG PAYETrE LAKE W.TiR Qu,wTY ACT, § 39-6609. CHAPTEIl. 67. 'ThEAStJRE VALLEY AND REGIONALAlR QUALm CouNCIL AcT, §§ B9-670i'-,39-6717. 70. 8AL&. """D' DiSPOSAL 01' BATI'EIllES, § 39­ 7()03,. , . 71. .llAz.o.Jw6u. SUESTANCE EMERGENCY RESPONSE Ac", §§ 39-7102"- 39-7104, 39-7109­ 39"7l12.

. 72.

## rr;":1~3t~S,j~7iii.§§ 39-7202, 74; IDAHO SOLID WASTE-FAClL1TIEs ACT, §§ 39­ 7.4Q3, 311-7415, 39-7421,

. 78. ToBACCO**~R_ S~** **A~_,**

. §§ 39-1802

- 39'7805.

. -, . 80, UiIlPoRl>i PuBucScHOOLBfuwlNo 

# s....:-rv. §§ 39-80911,**39-300~A** - 39-'SQ08, 39­ 8010, 39-8011. 81. 

### BAsIlj' Em'lRO_AL**tMPRO~** ACT, § 39-8106. 82,**ID~O S~E'**  HAVEN AcT" §§ 3!),8)!01 -:­ 39c8207. 83. GENETIC ,!\<STlNG PRrVACY AbT, §§ 39-8301

- 39-8304. 84. ToBACCO 1L\.sTER SETTLEMENT AGREEM:6lNT**CO.l\';"'EME~i';'\<** ACT, §§ 39-!l401

. 39­ 8407. 85. LAKE PEND OREILI:.E, PEND ORErLLE RIvE., PRIEl>!',LAKE .AND.l'r!;>lST RIVER CQMMIllBION, §§ 39c8501

- 39-8504

... 86. IDAHO ELEVATOR 8AFE\:y CODE ACT. §§ 39­ 8601**~39-8623.** 87. .lnAHo. COMMONSENSE. CONsm,wrION ACT, §§ 39-8'701

- 39-8706. 88. !ruIioUiroERGROUND STollAGE 'JJ.NK ACT, §§ 39-8801 39-8812. 89. REDUCED ClGARETrE IGNlTION P!loPENsm, §§ 39-8901 39-81'111. 90. IDAHOHEALTHFuEnoMAc1, §§ 39-9001­ 39-9004.



### CIJAPTE:& 44 

### HAzARDous WASTE MANAGEMENT

.

SECTtON. 3!1-4427. Commercial disposal fees.


### 39·4427. Comm.ercial disposal fees. (1) 

### .There is imposed on the
owner or operatpr of**ev~ry** 

### commercial hazard.ous;waste disposalJacility or sitepermUted under section 39-4409, 

### Idaho Code, the lowest,applicable-fee for eachton·ofwaste orfraction thereof, as follows: (a) Thirtydollars ($30.00) 

### per gate ton Of

### fraction thereoffor all hazardous wastes as defined byRCRA or**se~tion** 

### 39-4407, 

### Idaho Code;



### 1

### 2 

### 39-4427 HEALTH AND SAFETY


### (b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all manifested wastes not otherwise defined in this subsection; (c) Two dollars ($2.00) per gate ton 01'

### fraction thereoffor all manifested remediation wastes not otherwise defined in this subsection; (d) Twenty dollars ($20.00) per gate ton or fraction thereoffor thellI'st**~o** 

### thous:mdfivehundred (2,500) gate tons or less ofwastes**t~ceiv~d** 

### lly
a facility or site from the sanie site, property or**hazardolils',~aste** 

### managelllent liInit if th.e wastes: (D aTe PCBs regulatedurrder Ida:ho or federaiiaw,and are in concentrations greater than fifty (50)'partS per million; (ii) 

### are hazari:lous debris; (iii) are h,azardouswastes thattiecome slilbject to :h\guIat.lon solely as a result of a removal or**remedial'~ction** 

### ta,ken ini-esponse to environmental contamination; or (iv) are-hazardous wastes that result from corrective action or closure of a regulate,d or nonregulaiedhazardous waste management unit; (e) Ten dolbirs ($10.00) per gate ton or fraction thereof for all wastes containedinparagraph(d) ofthissubsection,if'thewastesarereceivedby**~he** 

### samefacility orsiteandarefromthesl!llle site, ptope'rtyorhazardous waste management unit in an amount greate,rthan two thousand five hundred (2,500) gate to,ns ull to twelve thousand five hundred (12,500) gate tons; (f) 

### Five dollars ($5.00) per gate ton or fraction thereof for all wastes containedinparagraph(d) ofthissubsection,ifthewastesarereceivedby the samefacility orsiteandarefromthe samesite,propertyorhazardous was.te managementunit in an amount greater than twelve thousand five hundred (12,500) gatetons upto twenty-fiv<q thousand (25,000) gatetons; (g) '!\yo dollars ,ilnd fifty cents ($2.50) per gate ton or fraction thereoffor allwastes containedinparagraph(d) ofthis Bubsection;ifihewaSte!j! are received bythe same facility orsite and are from the same site, property**or'ha~ardous** 

### wastemanagementunitinan amountgreaterthantwentyfive thousand (25,000) gate tons; (bY Five dollars($5.00) per gateton or fraction thereoffor all haz/irdous wastes 

### :UlIiit: (i) 

### a,r.e delisted'or treated so that the wastes ar!;! no longer hazardous wastes; or (ii) are nonhazardous radiologically contaminated wastes including materiAls from the "Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites administeredby the government ofthe UnitedStates; or (iii) 

### arePCBsinconcentrationslessthanfifty (50) parts permillionandnototherwiseregulatedbyIdaho orfederal law; or (iv) are wastes not otherwise defined in this subsection. (2) Thefees setforthinsubsection(1)

### ofthissectionshallnotapplyto any ofthe following types ofwastes:

. 

## , (a) WaiJtes generated or'disposed ofby a public 'agency or other person operating a household hazardous waste collection program; (b), Wastes generated'Or disposed ofby any agency ofthe state ofIdaho. Any waste for which the fees are waived'under the provisions of this section mustbenoted:asfeB"waived waste onthereturnrequiredin section 39-4428, Idaho Code, and is subject to 

### all audit provisions of section 39-4429, Idaho Code

.. (3) For wastes disposed ofby any agency of the state of Idaho at any commercial hazardous waste disposal facility or site permitted under

### 3 THE MEDICAL CONSENTAND NATURAL DEATH ACT 

### 39.4501

section 39-4409;ldaho Code;, the director, pursuanttoawritteJ:). agreement with the, director;',the owner ,or operator ofany such facility or site, may crediton the returnrequiredin section 39-4428, Idaho Code, and inthe fee remitted, an amount equal to the actual cost charged by sucl1 owner or operator'per gate fun orfractio:Q thereoffor the characterization, coll!)ctioh, idlllltification,.trl;lnsPor.t;ation, treatment,.**~t6J:fige** 

### anddisPos!J.J**~f**

### was,tes at sucl1 facility or site,

Hist"ry. § 1, p, 522; am,2Q04,bh.117, § 1, p. 391. I,C., § 39-4427, as added by 1984, db, 205, Compiler'itNotes;.**Se~tion** 2'

## ofS,L, 20Q4, § 5,p, 502; amo 1992, db,251,§ l,p.735;arn. db, 117 declared an emergency: Approved and redesig, 1999, db. 290, § 2, p. 718;'am, March 19, 2004, 2001, db, 297, § 2,p. 1072; am. 2002, ch, 176,


### CHAPTER 45
THE MEDICAL C0NSENXAND NATURAL DEATHACT

SE<:1'lON, 39-450i. Purposes

- Applicatipn, 39-4502. DeJlI\itions. 39-4503. Persons who may OOI\Sent to their

own**~f:\re.** , 39-4504.**Person~** who may give consent to care for others.

. 39,4j'i05. Blood ·testing. ' 39-4506, Sufficiency ofconsent, 39-4507, Fqrm ofconsent,

. 39-4508'.**R~spori.ibility** for conseot and doc' umentation, 39-4509. Statel)lent.ofpolicy

- Pelinition. 39-4510. Living will and durable power of attorney for health Clire. SEC'l'toN. 39-4511. Revocation. 39-4512. Execution

### brUiting-will**ariddi.tra~lll** power of attorney 

## for health care."**39-4~12f..** PhysicijUl**or!l~rs.for** ,scope,oftreatment'(POST), 39'4512B. Adherence

## topl:iysiciall.'orders for scope: of tceatment (POST) prlltoCl;>i.**39~4512C:** Dutyto inspect. 39-4513. 

### Immunity. 39-4514. Gen'eraJ provisiol1B: 39-4515, Health care directiveregistry,


### 89-4501. Purposes

- Application.

- (1) The prim<U'Y purpoSI;lB of this chapter,are: (a) 

### To provide andcodif.y Idaholawconcerningconsent,forthefurnishing ofhospital, medical, dentafor surgical care,treatmentorprocedures, and concerningwhatconstitutesaninformedconsentfor suchcare,streatment

, or'procedures; and

(b) 

### To provide certainty and clarityinthe law ofmedical consent in·the furtherance ofhigh standards ofhaalthcare-imd

### itsreadyavailabilityin proper,cases. " (2) Nothing in this chapter shall be deemed to amend or' repeal the provisions ofchapter3orchapter4, title66,Idaho:Code,'asthoseprovisions pertafutohospitalizationof

### thementallyill,

### northeprovisions ofehapter6, title 18, Idaho Code, pertainingto the provision ofexaminations, presCriptions; devices and, informational materials regarding, prevention of pregnancyorpertainingtotherapeuticabortionsandcons.enttotheperformance thereof, (3) Nothing in 

### this chapter shall be construed to permit or require,the provisionof health' -care for a patientin

### contraventionofthepatient'sstated
or implied objection thereto upon religious grounds nor shall anything in this chapter be construed to require:the granting of,permission for PI' on

## ) 

# IDAHO CODE

CONTAINING THE 

# GENERALLAWS OF IDAHO
ANNOTATED

ORIGINALLY PUBLISHED BY AUTHORITY OF L.AWS 1947. CHAPTER 224

REPUBLISHED BY AUTHORITY OF LAWS 1949. CHAPTER 167 AS AMENDED

Compiled Under the Supervision ofthe Idaho Code Commission



### R. DANIEL BOWEN THOMAS A. 

### MILLER RICHARD F. GOODSON COMMISSIONERS
MAX M. 

### SHEILS. JR. 

### EXECUTIVE SECRETARY



### TITLES 39 (44·83), 40

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## ) Federal Reporter, 3rd Series United States Supreme Court Reports. Lawyers' Edition. 2nd Series Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series, through Volume 93 American Law Reports, Federal Series, through Volume 173 Opinions ofAttorney General, 2001-3 Following is an explanation ofthe abbreviations ofthe**C~urt** Rules used throughout the Idaho Code,

tRCE Idaho Rules ofCivil Procedure 

### I.R.E. Idaho Rules ofEvidence I.C.R Idaho Criminal Rules M.e.R. Misdemeanor Criminal Rules 

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.

III\ TITLE 39 

### HEALTH AND SAFETY

CIW'I'U. 

## <­ .u. H.uAImous WJJm Mt"oA_. §§ 39· 62. PCB W

..... D_ It 39-6201

- 39­ _1

- 39-4432. 8218. 45. NA'I'Vl!AL 0

..", Aar. It**39-~501** - 39- 83. Do.....,c VIOl.Il'ICO 

### c.....o I'IuMomON. 4509. 

### If 39-8301- 39-6317. 46. lIwro Dm"..,.....,.,AL Dl&u!1L1TIJI! SiBYl"'"' 54. Cl.IAII J...uaoeAar.1f 39.a401- 39-5418. 65. Wwm TuuI 0........., f§ 39-6801

- 39­ Am> FACllJ'I'IJS Aar. Of 39-4601

- 39­ 4608. 6507. 58. B.o PAYJTI'I LAxI W."", QuALm Aar. 47. R'.,,",I C""" SuVlCM. [!luw.Bn.1 

### If 39-6601- 39-5812. A47. l'BIIeoNAL C_ SIRV1ClI8. (Aommw """**67-89.1~.1** RmIsroN'm>.1 48. 1......,,...'I'l0l<. If 39-4801

- 39-4604. 70. 8.wI

....

### D_

# 0' 13.,.,.,..... U 39­ 7001- 39-7004. 49. IDAHo lhAt.",**~o** Aer. It 39-4901 71. IiAzARoous SUBBrANCI E.....,IIICY1I:csroN

..**-39-4~.** Aar, §t 39-7101

- 39-7115. (601 49. EQUAL 0PP0_ FOIl DIsP!.M:Io He""""",", Mr. §§ (39-50011

- 39- lllAHO 1.00:1

# _fA,..,.. Aar, 

## n 39-7201 72. -39-7210. 5009. 73.**(~.I** 51. F.um.y SUPP()Jn' ANl)**IN~HOll£** AssurrANCI, 74. JIlAHO Soun WNm FACllJ'I'IJS Aar. II 89­ §§ 39-5100

- 39-5108. 7401- 39-7421. 52. 0_V'OWWKl'ooncr G

........

### Of 39­ 75. ADO"""" Am> MlIVIOAL AIiBlIIrANCI. §§ 39­ 5201

- 89-5213. 7501

- 89-7505. 53. ADULT ABUSE, NSGl..lC1' AND Em..olTATlON 76. I'!.rsuc 0_ WArn

_ 1.0

..... Aar. II 39-5301

- 3S·6312. If 39-7601- 39-7909. 54. AlmrIC!Al. I_NINA",,".if 3S-5401

- 39-

.77. VOWI<1'UIl lhAt.". C_ P!Jovmu 1Mw. 6408. Nmt; If 39-7701

- 39-7706. 55. c....,. lNOOOItAm. U 39-5501-39-5510. 78. 'lillw:co MAsru S8M'UINIIIiT
_. 56. l'BIIeoNAL C

... &lMc

... II 39-5601

­ ff 39-7801- 39-7806. 89-5909. 79. l.ocAt. 0m0tI SwIm FACllJ'I'IJS Sm!<o Aar. 

## ) 57. PturvltmON or MINORS'Accxss TO 'lbJJAGCO, If 89-7901- 89-7916. If 39-5701

- 39-5713. SO, UNlJ'Ob Puauc ScHOOl. BU1LlllNO SAP'STY, 58. H.uAImous W."... FACILITY Srmro. If 39- It 39-8001- 39-5012. 81. 

### e

.... Aer. 

# _AL

_ 5801

- 39-5820. 59. IOAHO Rutw.HEALTH CARE AcCESSPROORA.t4. 

### to 39·8101

- 39-8116. II 39-5901

- 39-5913. (821 81. IllAIIO S... HA_ Aar. §§ 1311­ 60. CH!l.DItBN's'litUST F'tnm. II 39-6001

- 39· 82011

- 139-6207J. 6008. 183l 81. '!itA

.... C

.... It 139-8301l. (39· 61. IlIK8J._.l 83021.
CHAPTER 44

HAZAROOUS WASTE MANAGEMENT

SltC'l10N'. 39-4401. Short title. wute treatment, storage, or <liepo",,) facilitie•.**39~4402,** LegiaJfitivE! findings and purpoaee, 39·4410. Transportation ofhlWlrdOWl wa.te. 39-4403. Dennitions. 39Mll. Reoordo

- Reporting

- Monitor·**39~«04,** ConsifJtency with federal law, ing. 39-4405. Rules in genera!. 39M12. JnspectiOllll

- Right ofentry. 39-4406. General powers and duties ofdirec>­ 39-1413. Em.""ment procedure.. tor. 39-1414. Remedies.**39~4407.** Identification ofhazard(lUB wastes. 39-4415. Vioitn.iona constituting**miademean~** 39·4408, liuauthorired treatment, storage, ora. release, use or disposa1 ofhaz­ 39-4416, Citizen Buits. ardoua wast£ prohibited. 39-4417. Hazardous waste emergency ac394409. Permit requirements for ht\ZaJ'dOUB count.

139-4401 HEALTH AND SAFETY 

### 2

SEC"I1Qtf, SECTlOH. 39-4417A. IReserved.1 39·4427C. Treatment, .torage or diapoaal ra­ 39-4417B. (Repe.led.1 cility fee. 39·« 18. Local government notice. 39·4427D. Hazardous wa.te 

### r

...- Duplica. 39-«19. Interstate """peroticn. tion. 39-442Cl. Employment oerurity. 39·4428. Collection of commercial disposal 39·«21. Good .amaritan protection. rees**~urnB.** 39·4422. Severability. 39·4429. Books and "",ord. to IH! pre••rved 39·4423. mspo

..) cf re.tricted hazardous

- Entry and inspection by de­ wastes prohibited. partmElnt of environmental 39-4,24. Disposal ofmanif.sted w

..... quality. 39-4425. [Reserved.) 39-4430. Additions and penalli

... 39-4426. Appointment orinspectnrs. 39

..4431. Collection and enforcement. 39-4427. Commercial disposal fHa. 39·4'27A. (Amended and Redesignated.1 39-4432. Distribution ofcommercial disposal 39·4427B

- 39-4427D. IRepealed.1 fee revenuea.


### 39-4401. Short title.

- Thla act may be known and cited as the "HazardousWaste ManagementAct of 1983." \I.C., § 39-4401, as added by 1983. ch. 154. § 1. p. 

### 416.1

Compiler'. notes. The words "thia act" CollateralReference•.Amount and charrerer t. S.L. 1983, <h. 154. § 1 which i. aeteri8tica or wastes as equitable facton in compiled

# a. §§ 39·.4401 through 39·4422. allocation or rNponse costs pursuant to

Bee. to ••c. ret.This ehapteT is referred to § 113(0(1} of Cornprehen&ive Environmental 

### ) in §t g·342A, 39-58Cl4, 39·5909, 39·5819, 39· ResponH. Compensation, and Liability Act 

### , 7403. 49·2206, 63·3029D and 63·602CC. (CERCLA). 42 U.S.C.A. § 9613(fXH multiple

Cited 1n: ldaho v, Hanna Mining Co., 699 waste streams. 162 A.L.R. Fad. 371. F. Supp. 827 !D. Idaho 1987).


### 39-4402. Legislative 

### findings and purposes.

- 

### (1) The legislature ofthe State 

### ofIdaho finds: (a) That continuing technolOgical progress, increases in manufacturing. and the abatement of air and water pollution have resulted in ever· increasing quantities ofhazardous waste; (b) That the public health and safety. and the environment, are threat· ened when hazardous wastes are not managed in an environmentally sound manner; (c) That the knowledge and technology necessary for alleviating adverse health. environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are generally avail· able; and (d) That the problem of proper management of hazardous waste has become 

### a maller 

### ofgreat statewide concern. (2) Therefore. it is hereby declared that the purposes of this act are: (a) Th protect the public health and safety. the health ofhring organisms, and the environment from the effects of the improper, inadequate, or unsound management ofhazardous waste; (b) To establish a program to track and control hazardous wastesfrom the time they are generated through transportation, treatment, storage, and disposal; and. (e) Th assure the safe and adequate management of hazardous wastes within the state. IIC., § 39·4402, as added 

### by 1983, rh. 154, § 1, p. 41613 HI\l.ARDOUS WASTE MANAGEMENT**CompUeJ'~.** notea. For words "this act," Se1& wastes into sewer systems, 47 A.LR.3d 1224. Complier's notes, § 39-4401, Applicability ofzoningregulations to waste

CoUateral Refe-:encea. VaHdity and**co.n~** disposal**faciljti~8** ofstate or local governmenstructjon of statutes, ordinances. 01" regula­ tal entities. 59 A.L.R.3d 1244. tiOns controlling discharge ()f mdustrial

39-4403. 

### Definitions.

- AIl used in this chapter: (1) 

### "Board" means the Idaho board ofenvironmental quality. (2) "Commercial hazardous waste facility or site" means any hazardous wastefacility whose primary business is the treatment,storage ordisposal, for a fee or other consideration, of hazardous waste generated offaite by generators other than the owner and operator ofthe facility. (3) "Department"means the Idahodepartment ofenvironmental quality. (4) "Director"meansthedirector ofthe Idahodepartmentofenvironmen

### tal quality or the director's authorized agent. (S) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing ofany hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste materia!received at a facility. Thisweigbt does not include any subsequent changes to the weight resulting from the management ofthe waste by the 

## ) facility. (7) "Generator"means any person, who by virtue ofownership, management, or control, is responsible for causing or allowing to 

### be caused the creation ofa hazardous waste.

(8) "Hazardous waste"means a wasteor combinationofwastesofa solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (al 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, disposedof, or managed. Such wastesinclude, but are not limited to, materials which are toxic, corrosive, ignitibJe, 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 ordissolved materials in irrigation return flows
or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act, as amended, 33 U.S.C., section 1251 et seq

.. or source, special nuclear, or byproduct material as defined by 

### the atomic energy act of 1954, as amended, 42 C.S.C., section 2011 et seq, (9) "Hazardous waste management" means the systematic control ofthe collection, source separation, storage, treatment, transportation, process· ing, and disposal Qf hazardQus wastes (10) "Hazardous waste facility or site" means any property, structure, or ancillary equipment intended or used for the transportation, treatment, storage or disposal ofhazardous wastes.4 39-4403 HEALTHAND SAFETY
(1) "Injection" means the subsurface emplacement of free liquids. (2) "Manifest"means a form used for identifying the quantity, composition. origin. routing, waste identification code(s). and destination ofhazardous waste during any transportation from the point of generation to tl.e point oftreatment, storage or disposal. (13) "Manifested waste" means waste which at the point of origin or generation is required to be manifested for transportation in a manner similarto thatofthe federal uniform hazardous waste manifest or by other manifest requirements designed to assure proper treatment. storage and disposal ofsuch waste. (4) "PCBwaste"meansanywaste orwasteitem whichisnotincluded in the definition of "hazardous waste" and which is contaminated with polychlorinated biphenyls. (15) ·Person" means any individual. association. partnership. finn,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. (16) "ReRA"means theresourceconservation and recovery actof 1976 as amended from time to time. (17) "Restricted hazardous waste" means a waste or combination of wastes regulated as land disposal restricted pursuant to federal statutes and regulations, including 40 

### eFR part 268. Restricted hazardous waste also includes byproduct, source, special nuclear materials or devices or equipment utiliIing such materials regulated under the federal atomic energy act of 1954, as amended. Restricted hazardous waste shall not include radiologically 'contaminated waste materials from 'Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites administered by the United States army corps ofengineers and being disposed ofpursuant to a contrsct in existence on ,July 1. 2001. and as may he renewed thereafter. (18) "Storage" means the containment ofhazardous wastes, on a temporary basis or for a period of years, in such a manner as not to constitute disposal ofsuch hazardous wastes. (19) "Transportation"meanS the movement ofany hazardous waste to or from a hazardous waste facility or site. (20) "Transporter"means any person who transports a hazardous waste to or from a hazardous waste facility or site. (21) "Treatment" means any method, technique, or process. including neutralization. which is designed not to be an integral part ofa production process, but which is rather designed to change the physical, chemical, or biological character or composition of any hazardous waste prior to storage
or final disposal so as to neutralize such waste or so as to render such waste 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 of hazardous waste so as to render it nonhazardous. (22) "\Vaste" means any solid. semisolid. liqUId or contained gaseous material for which no reasonable use or reuse j, intended or which is5**K~DOUSWASTE~~~AGEMENT** 39.4404

intended tobe discarded. [I.C., § 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; am. 1993, ch. 291, § 1, p. 1082; am. 1994, ch. 419, § 1. p. 415; am. 2001, ch. 103, § 45, p. 253; am. 2001, ch. 297, § 3, p. 1072.1

Compiler"s notee. This section was amended by two 2001 acts wi,ich appear to be compatible and have been comptled together.

The amendment by ch. 103, § 45, substituted "environmentalquality" for "health and welfare"throughoutthesection; insubsection t7Xb), substituted "byptoduct" for "by prod. uct"; and made stylistic changes.

The amendment by ch. 29'1, § 3, in subsection (17), added the second aentence.

The Resource Conservation and Recovery Act of 1976, referred to in subdivision (15, of this seetlon, is compiled as 42 U.S.C, § 6901 et seq.

Section 2 of S,L. 1984, ch. 205 is compHed
as § 39·4410.

Section 2 ofg,L 1986, ch, 148 is compiled
as § 39·4405. SeettOo 2 ofS,L, 1986. ch. 324 is compHtXI
as § ;;9-4423.

Section 2 ofS.L. 1989. ch. 253 i. compiled 

## a. § 39·4424.

Section 2 of 9,L. 1994. ch. 419 is compiled

as

# *39·4427,

S«:tions 44 and 46 ofS,L. 2001, ch 103.r. compiled as §§ 39·3638 and 39-4426,**respec~** tively,

S«:tions 2 and 4 ofS.L, 2001. ch. 297, are wmpiled as §§ 39-4427 and**39~4405, respec~**  lively.

Cross**Te(~** Inspection of hazardous waste carri

....penalti•• §§ 67·2917.67,2918.

Sec. to see. ref. This section is referred to In §i 18-3905 and 39-4423.

394404. Consistency with federal law.

- The legislature intends thatthe state ofIdahoenact and carryout a hazardous waste program that will enable the state to assume primacy over hazardous waste control from the federal government.

The legislature finds that the RCRA, as amended. 42 U,S.C., section 6901 at seq., andfederal regulations adopted pursuant thereto, establish complex and detailed provisions for regulation of those who generate, transport. treat, store, and dispose of hazardous wastes. The legislature cannot conveniently Of advantageously set forth in this chapter all the require· menta ofall ofthe regulations which have been or will be established under ReRA. 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 boardis directed to promulgate rules which are consistent with RCRA and the federal regulations adopted by the administrator ofthe United States environmental protection agency to implement ReRA. Farm·
ers and ranchers who treat, store, or dispose ofwaste pesticides from their operations on lands owned or controlled by them shall not be reqUired by board rules to do anything more than follow the instructions on thepesticide label and triple rinse empty containers in accordance With the RCRlI, regulations of the environmental protection agency. The board may not promulgate any rule that would impose conditions or requirements more stringent or broader in scope than ReRA and the HeRA regulations of the environmental protection agency. The board may, however. promulgate procedural rules and rules specifically authorized by thiS chapter or other state statutes w,thout showmg that those rules are required by ReRAor the regulatlOns of the environmental protectIOn agency; provided that those rules shall not confllct wlth this section. other seCllOns of thiS chapter,39-4405 HEALTH AND SAFETY 6

RCRA. or the regulations ofthe environmental protection agency, Any rule promulgated by the board shall be valid until it is repealed or modified through the administrativeprocess ofchapter 52, title 67, Idaho Code, [I.e,. § 39-4404. as added by 1983. ch. 154, § 1, p. 416; am, 1986, ch. 182, § 1, p, 479; am, 1988, ch, 6, § I, p, 6; am, 1988, rh, 259, § I, p, 498; am, 1993. ch, 216, § 27, p, 587; am, 1993, ch, 291. § 2, p, 1082,]

Compiler'. notes. This section was deleted "or regulation" foHowing "Any rule" amended by two 1993 acts

- ch 216, § 27 and substituted "cha.pter 52, title 67. Idaho and ch. 291, § 2 both effective Ju\y 1. 1993-**Cod~"** for "section 67·5201, Idaho Code, et which do not oonflict and have been compiled seq." together. The amendmentby ch. 291, § 2: in the first

Theamendmentby ch. 216, § 27 in the nrst sentence of the third paragraph deleted "in sentence ofthe set:ond paragraph added "fed« substance" preceding "'consistent with ReRA" eral"following "6901 et seq., and"; inthe third and**del~ted** n former second sentence. paragraph in the present fint through the Seetion 2 of S,L, 1988. ch, 259 is compiled third sentenCes deleted "and :tegulat:ons"fol­ 

## a. § 39,.409. lOWing "rules"wherever they appeared; In [he Section 26 ofS,L. 1993. eh. 21618 compiled present fourth sentence deleted "and**regula~** as § 39-4120, and scction 28 was npealed. tiona" following "rules"in the first four places Section 3 ofS,L. 1993, ch. 291 is compiled it appears and deleted "rules and" preceding as § 39·4406, "regulations of the em'ironmental protection Section 2 ofS,L, 1986, 'h, 182, declared •• agency."; and in the present fifth sentence emergency. Approved April 1. 1986.

39-4405. Rules in general.

- Pursuant

### to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, 

# ) the board shall adopt such rules as are necessary and feasible for the management ofthe generation, collection. transportation, treatment, storage. and disposal ofhazardous wastes within the state, Theboard shall also adopt such rules as necessary to regulate persons who produce, burn. distribute. and market fuel containing hazardous waste, The rules promulgated by the board shall be a part ofthis code and shall have the force and effect oflaw. Such rules shall includl'. but not be limited to: (1) Criteria for thedetermination ofwhether any wasteorcombinationof wastes is hazardous for the purposes ofthis chapter; (2) Rules for those who generate, transport. treat, store, or dispose 

### of hazardous wastes; (3) Rules, consistentwith those issued by the United States environmen· tal protection agency and the United States department oftransportation. for containerization. labeling and manifesting 

### ofhazardous wastes; (4) Rules specifying the terms and conditions under which the department shall issue. modify. suspend, revoke. or deny such permits as shall be required by this chapter; (5) Lists of those wastes or combinations of wastes which are not compatible 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 establishing standards and procedures for the training of personnel at generation sites and at hazardous waste facilities and sites;

(8) Release detection, prevention and correction rules applicable to all

owners and operators ofunderground storage tanks, as maybe necessary to protect human heeIth and the enVlronment;7 HAZARDOUS WASTE MANAGEMENT 39-4407

(9) Rules specifYing radioactive materials or other radioactive materials occurring naturally that may be disposed of at a commercial hazardous waste facility 

### or site, )I.e,. § 39-4405, as added by 1983, ch, 154, § 1, p, 416; am, 1986, ch, 148. § 2, p, 415; am, 2001, ch, 297, § 4. p, 1072,)

Compiler's DotH.Sections 1and 3 ofS.L. See. to RC. ref. This section is referred to 1986, ch. 148 are compiled •• §§ 39-4403 and in § 39-4411. 39,4408.

Section 3 ofS.L. 2001, ch. 297, is compiled as § 39,4403,

39-4406. General powers and duties ofdirector.

- 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 RCRA; (2) May conduct and publish studies ofhazardous wastemanagement in this state; (3) Shall develop, publish. and revise as necessarya plan for 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 ofhazardous waste treatment or disposal facilities or sites; (4) Shall exercise all powers and discharge all duties expressed in or implied from the other sections ofthischapter, (I,C" § 39-4406, as added by 1983, ch, 154, § 1, p, 416; am. 1993, ch, 291, § 3, p. 1082.1 

## )**Compiler~s not~&.**  SectJOh 2 of S.L, 1993> ch, 291 is compIled as § 39,4404.

39-4407, Identification ofhazardous wastes.

- (1) The board shall establish criteria for determining ifany waste or combination ofwastes is hazardous or nonhazardous, for the purposes ofthis chapter, (2) The board may adopt, and amend from time to time a Jist or lists of hazardous wastes. The board may, with public notice but without the necessity ofa public hearing, list as hazardous any waste orcombination of wastes determined to be hazardous by the United States environmental protection agency. Th accomplish thisgoal, theboard mayadoptby reference the regulations containing the lists of hazardous wastes and the set of characteristics for identifyinghazardous wastes promulgated by the United Statesenvironmental protection agency pursuantto RCRA. The board shall update the regulations adopted pursuant to this section as needed to reflect regulatory amendments promulgated by the United States environmental protection agency, The board may adopt regulations for a state hazardous wasle delisting program equivalent to that set forth in 40 CF'R sections 260.201bl and 260.22, The state debsting program shall provide for public notice and opportunity for comment before granting or denying delisting requests. [I.C" § 39-4407, as added by 1983, eh. 154, § 

### 1. p. 416; am. 199:3, eh. 291, § 4, p 10821

Compiler's notes. Sectam S Df 5.L 1993, Sec. to**~ec.** ref. ThIS !J.('ctlOn !$ rdcn"l'd to ch 29115 ciJmplled as § 39-4-410 10**§~** 39·4411. :39·-14:.1:'8 39-4408 HEALTH AND SAFETY

39-4408. Unauthorized treatment. storage, release. use or disposal 

### 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 any constituent thereof, may enter the environment, unless the departmenthasissuedsaidperson a permitor a variance asrequired for the specific activity involved or exempted the activity from permit requirements. (2) Effective six (6) months after the effective date [July 1, 1986] ofthis 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 ReRA. 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 the owner or operator'slandfill will not present a risk of contamination ofanyexistingorpotential underground source 

### ofdrinking 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 ofignitibility, shall not be used for dust suppression or road treatment. (4) The board shall have authority to prohibit: (a) Land disposal ofany hazardous waste; and (b) Storage ofany hazardous waste prohibited from land disposal. unless such storage is solely for the purpose of the 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, th. 154, § 1, p. 416; am. 1986, ch. 148, § 3, p. 415.J
Compiler's**n()t~s,** SectiQn 300filcl of Section 2 of S.L 1986, ch 148 is compIled ReRA referred to in subs-ection (2) of this nl' § 39-4-105, section is compiled as 42 U.S.C

.. § 6925tct

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 without a permIt from the department. The owneror operator ofthe facility
Of site rather than the builder shall be responsible for obtaining the permit. Permits maycontam suchconditions necessaryto protecthuman health and enV]fonment. The board may exempt classes or categane. of hazardous waste treatment. storage, or disposal fac!lities from the permit reqUIrement if the exemptIOn is In the public interest and consistent WIth HeRA reqUIrements. The fact that a class or category of such facilities is not required to "btain a federal permit sholl be persuasive evidence that an exemption is In th public interest. (2) Interim status granted by HeRA or a permit issued by the UnIted States env:.ronnlC'ntal protecttOn agency prIor to the date that the stHtc9 HA7..ARDOUS WASTE MA.'1AGEMENT 39-4409

program is authorizedby the administratorofthat agency shall he 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 quaJiljr 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 whieh apply to new facilities; and (c) Provide for the tennination oflnterim status. (3) The board shall promUlgate rules and regulations establishing the termsand conditions for issuingpermitstothe described facilities and sites. The rules and regulations shall provide for, but not he limited to: (a) Standards and procedures for the safe operation and maintenance of the facilities and sites; (b) Educationand trainingqualifications ofpersonnel atthefacilities and sites; (c) Contractual commitment or consent to each facility or site from atl holders ofinterests in the real property committed to that facility orsite; ldl Monetary assurances in such form and amount as are necessary for effective management, maintenance, and monitoring ofthe facilities and sites during and after operation; (e) Evidence of financial responsibility for corrective action on·site and off·site; (f) Liability insurance in such form and amount as is necessary to compensate for potential damages caused by the facilities and sites; provided, that liability insurance shall not be required in the event that liability insurance is not required by the federal regulations adopted pursuant to the ReRA; (g) Emergency equipment and emergency response plans appropriate to the facilities and sites; (hl Public participation in the permitting process consistent with 42 U.s,C. section 69741bl, (4) Permits shall be issued for a period not to exceed ten (10) years or the maximum period allowed under RCRA, whichever is greater, Aowever, pennits may be reviewed at least every five (5) years and modified as necessary to take into account changes in this chapter or regulations promulgated pursuantto it and improvementsin technology. Pennitsissued to hazardous waste facilities and sites by the department prior to the effective dateofthischapter shall bereissued toconformwith the provisions of this 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 releases of hazardous waste or constituents, from any solid waste management unit at the treatment, storage, or disposal facility seeking the permit,regardless of the bme when the waste was placed in such unit. Permits issued from :--;ovember 8, 1985, until the effective date ofthis prOVIsion shall be reissued to conform with this provision.10 

### 394409 HEALTH AND SAFETY

(6) 

### Any permit issued under this section may be revoked by the director pursuant to the provisions ofsection 394413. 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 tills chapter. (7) 

### The department may issue a variance from the requirements ofthe rules and regulations promulgatedunder this section, if, in thejudgment

### of the director, application of the requirements would cause unreasonable hardship and the granting ofa variance would not be

### harmful to the public interest or inconsistent with 

### RCRA requirements. 

### A variance shall not exceed one (1) 

### year in duration and may be 

### renewed or extended only after the department provides public notice and an opportunity for public comment. (8)(a) The director ofthe department may issue a research, development and demonstration permitfor anyhazardouswaste treatmenttechnology
or process for which permitstandardsfor such experimental activity have not been promulgated. Any such permit shall include such terms and conditions as will 

### assure protection of human health and the environment. Such pennits shall: 1. 

### Provide for 

### the construction of

### such facilities. as 

### necessary. and for operation ofthe facility for notlonger than one (1)

### year (unless renewed
as provided below); and 2. 

### Provide for the receipt and treatment by the facility ofonly those types and quantities of hazardous waste which the director deems necessary for purposes ofdetermining the efficiency and performance capabilities ofthe technology or process and the effects ofsuch technol· ogy or process on human health and the environment; and 3. 

### Include such requirements as the director deems necessary to protect human health and the environment (including. but not limited to. requirements regarding monitoring, operation. insurance or bonding. financial responsibility. closure, and remedial action); and 4. 

### Include such requirements as the director deems necessary regarding testing and providing ofinformation to the director with respect to the operation ofthe facility. Ib) The director may apply the criteria sel forth in paragraph (a) of

### this subsection in establishing the conditions ofeach permit without separate establishment ofregulations implementing such criteria. Ie) 

### For the purpose ofexpediting review and issuance ofpermits under this 

### subsection, the director may. consistent with the protection ofhuman health and the environment, modify or waive permit application and permit issuance reqUirements established in the general permit regulations except that thl're may be no modification or waiver 

### ofregulations regarding financial responsibility lincluding insurance) or of 

### applicable publk participatIOn procedures. Id) The director may renew a research. development and demonstration pennit which has been issued pursuant to 

### this subsectIOn. The 

### renewal term shall be no longer 

### than one iii year. A 

### permit shall not 

### be renewed

more 

### than three (;3) times. 

### ILe

.. § 39-4409, as added 

### by 1983.eh. 154.**~** I, p. 416; 

### am. 1986, 

### rh. 148. § 4, P .\15; am 1987, 

### ch 102. § 1. p. 204; am. 1988,

# en 7, § 

### 1. p 7, am 1988, 

### eh. 259, § 

### 2. p. 49BI

### I '

, I 

## } 11 HAZARDOUS WAS1'E MANAGEMENT 39-4410
Compiler'. D.otes. This section was The words enclosed in panmtht'!'5es so apT amended by two 1988 acts which appearto be peared in the law as enacted. compatible and have been compiled together. Secti.n 5 or KL. 1966, ch 148 i. compiled

The**am~ndment** by th. 7, in the first .sen· as § ,19·4411. tence ofsubsection (5), inserted "issued", and Soot;o•• 1 and 3 of S.L. 1988, ch. 259

# .r.
added subdivision (8Xd). compiled as §§ 39-4404 and 39·4413, r••**~·**

The amendment by ch. 259. in subdivision tively. (2)(b), inserted "existing interim status sur­**Se.!~** to aec.**rer~** This section is referred to face impoundments"; and inthe Srstsentence in §§ 39-4413, 39-4426, 39·4427. ofsubsection 

### an, ;nserted "issued!'

39-4410. Transportationofhazardouswaste.

- (1) The board shall promulgatehazardouswastetransportationrules and regulationstocontrol theintrastateandinterstatetransportationoffederallyregulatedtypes and quantitiesofhazardouswaste,Therulesand regulations 

### shallbe consistent with the rules and regulations issued by the United States department of transportation and theUnited Statesenvironmental protection agency. The rules andregulations shall also be consistent with the rules and regulations of the Idaho public utilities commission unless such consistency would impair the primacy or the effectiveness of the state's hazardous waste management program. In that case the board shall coofer withthe commission and endeavor to develop mutually acceptable transportation rules and regulations, Ifmutually acceptable rules and regulations cannot be developed, the board shall promulgate transportation rules and regulations that minimize conflict with the commission's rules and regulations while assuring the primary authority and effectiveness ofthe state's hazardous waste management program. Rules and regulations so promulgated by the board shall prevail over conllicting rules and regulations 

### ofthe commission, (2) The hazardouswastetransportationrules andregulations shall apply to all transporters offederally regulated types and quantities ofhazardous waste generated either by themselves or by others. These rules and regulations shall apply to any movement 

### ofa regulated quantity ofhazardous wastes to or from a hazardous waste facility or site. (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: (b) Standards for the handling and placarding ofhazardous waste shipments; (e) 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 pro­ gram, before accepting hazardous waste for transport; (iil All shipments of fedemlly regulated types and quantitIes of haz­ ardous waste to be shipped off site or received from off site be accompanied by a manifest or similar form describing the hazardous waste being shipped and 

### Its destination; (iii) A copy of each manifest or similar form be returned to the generator andlor originator ofthe shipment and a copy be retained by the transporter for a minimum ofthree {3l years,39-4411 HEALTH AND SAFETY 12
(4) The hazardous waste transportation rules and regulations may provide for special routing of hazardous waste shipments in this state when necessary to protect the public health, the public safety, or the environment consistent with federal statutory, regulatory and constitutional requirements. (5) No commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, shall receive regulated quantities of hazardous waste as defined by federal law from a motor vehicle or trailer unless the hazardous waste is accompanied by a proper manifest and the transporter has obtained a special permit from the Idaho transportation department as provided in sections 49-2202 and 49-2203, Idaho Code. Ifan improperlydocumented shipmentofhazardous wastearrives at a permitted commercial hazardous waste facility or site, the owner or operator of the facility or site shall immediately notify the Idaho transportation depart-

. ment and the Idaho state police and follow the requirements ofits permits and licenses for notification of appropriate agencies. [I.C., § 39-4410, as added by 1983, ch. 154, § I, p. 416; am. 1984, ch. 205, § 2, p. 502; am. 1986, ch. 231,§ 1,p. 627; am. 1988,ch. 265, § 568, p. 549; am. 1993,ch. 291,§ 5, p. 1082; am. 2000, ch. 469, § 98, p. 1450.1

Compiler's notes. Sections 1 and 30fS.L. January 1. 1987; provided, however, that the 1984, ch, 205 are compiled as §§ 39·4403 and IdahoTransportation Board and IdahoTrans39-4417B, respectively. portation Department shall be authorized to 

## )

Section 2 of S.L. 1986, ch. 231 is compiled permit any person renewing or purchasing a as § 39-4417B. vehicle registration on and after July 1, 1986,

SectIOns 567 and 569 ofS,L. 1988,

## en. 265 to acquire a vehicle registration endorsement aTe compiled as §§ 36-1301 and 39·4426. prior to January 1, 1987, and any receipts

Section 4 of S.L. 1993, ch, 291 is compiled therefrom shall be placed in the Hazardous
as § 39·4407. MateriaVHazardous Waste Transportation

Sections 97 and 99 ofS.L. 2000. ch. 469, aTe Enforcement Account which is created in seccompiled as §§ 39-3562 and 39-5814. respec­ tion 49-2507, Idaho Code lamended and retively. designated aB § 49-2205J, which IS enacted by

Section f) of S L 1986, ch. 231, read: "An Section 4. of thi!'l act and Section 49-2507, emergency pXlstmg therefor, which emer­ Idaho Code, which is enacted by Section 4 of gency is hereby declared to exist, Section this act shall be in full force and effect on and 49-2512, Idaho Code lamended and redesig­ after July 1, 1986. Approved April 3, 1986." nated as § 49-22101. which is enacted by Sect jon 586 of S.L. 1987, ch. 265 provided Section 4 ofthis act shall be In full force and that the act should become effective on and effect on and after this act's passage and after January 1, 1989. approval. The remainingproviSIOns ofthis act CroBs ref. Motor CamerAct. §§ 61-801­ shall b(' in full force and effect on and after 61-818.
39-4411. Records

- Reporting

- Monitoring.

- (1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules 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 ofrecords and reports: Ie) The taking of samples and the performing oftests and of analyses: Id I The use of approved monitoring methods and techniques; Ie I The installation, calibration, use, and maintenance of monitoring equipment; and13 HAZARDOUS WASTE MANAGEMENT 39·4411

(0 The provision ofrelevant information to the department. (2) Sixty (60) days after promulgation ofthe criteria and lists specified under section 39·4407, Idaho Code, and the rules required under section 39-4405, Idaho Code, and subsection (1) 

### of this section, the generation, transportation, treatment, storage, ordisposal ofa hazardous waste in this state by any person without reporting such activity to the department as required by the rules issued pursuant to subsection (1) ofthis section shall be unlawful. (3) Information obtained by the department or by agents. contractors, or other representatives of the department, under any provisions of this chapter, shall be subject to disclosure according to chapter 3, title 9, Idaho Code. (4) Effective January 1, 1996, each generator shall, at the discretIOn of the director, no later than thirty (30) days after the end ofeach calendar year submit 

### a written annual report to the department including the following infonnation: (a) The types and quantities ofhazardous wastes generated; (b) The types and quantities ofsuch wastes shipped for treatment and disposal by landfilling 

### or other means ofdisposal; (e) The types and quantities of such wastes remaining in storage at the end ofthe 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) EffectiveJanuary 1, 1996,theoperatorofeach commercial hazardous wastedisposalfacilityorsitein the stateshall, no laterthan thirty (30) days after the end 

### ofeach calendar year, submit a written annual report 

### to the department providing information on the types and quantities of wastes received which were generated in Idaho, and infonnation on the types and quantities ofwastes received which were generated in other states. (6) Priorto March 1ofeach year the department shall submit a report to the governor and the legislature detailing the types and quantities of hazardous wastes generated in this state, the types and quantities 

### ofsuch wastes shipped for treatment and disposal by landfilling or other means 

### of disposal, thetypes and quantities

### ofsuchwastesremainingin storage at the end of the most recent reporting period and the types and quantities of hazardouswaste generated outside this state and shipped intothis state for storage ordisposal.U.C., § 39·4411, 

### as added by 1983, ch. 154, § 1,**p.~16;** am. 1984, ch. 258, § I, p. 618; am. 1986, ch. 148, § 5, p. 415; am. 1990, ch. 213, § 43, p. 480; am. 1993, ch. 291, § 6, p. 1082; am. 1996, ch. 125, § 1. p. 439; am. 1998. ch. 125, § 4. p. 4611

Compilei"'$ notes. Sectwfls 4: and 6 ofS.L. SeetlOo 3 of S,L 1998, ch 125 IS complied 19"6, ch, 148 are compiled as §§ 39-4409 and as § :lS·H7. 39-4413. SectIOn 5 of S,L. 1998, ch ]2,1) dr.dared an

Section 42 ofS L 1990. c11. 213 1$ compiled emergency Approved Mar-ch 19, 1998

., § 39·,393. SectlOn 2 ofS L 1996. ch 125 dt:dared an

SectlOn i of 8,L 1993, 

### en. 291 IS compiled emergency and proVIded that the act should
as ! 39·4416. be In full force and ('fTeet on and after lts

### 14 39-4412 HEALTH AND SAFETY

passage and approvai and retroactive to Jan- Sec. to sec. ret. This section is referred to uaT)' I, 1991;. Approved March 8, 1996. in**~** 39-4429.
39-4412. Inspections

- 

### Right 

### ot entry.

- (1) 

### All inspections and searchesconductedundertheauthorityofthischaptershall be 

### performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution ofthe United States and article 

### I, section 

### 17. ofthe constitution ofthe state ofIdaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches ofprivate properly in the absence of eitherconsentfrom the propertyowneror occupierorexigentcircumstances such as a public health or environmental emergency, (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 any reasonable time: (a) Enter upon any private or public property where hazardous wastes
are orhave been generated, transported, treated, stored, or disposed ofto inspect and to secure samples ofsuch wastes, their containers. and their labels; (b) Enterinto any aircraft, vehicle, vessel. rail car, trailer, van, or other
means ofconveyance where hazardouswastesareorhave been contained to inspect and to secure samples of such wastes, their containers, and their labels; (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 such documents. (3) Upon request by 

### an authorized agent ofa 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 samplesshallsimilarlybeprovided upon requestIftherequesting party agrees to have the samples analyzed and to share the results ofthe analysis with the department.

(4) The right ofentry ofa 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 ofentry ofa duly authorized state or health district employee shall not be subject to any confidentiality require· ments other than those specified in section 39-4411(3), Idaho Code, and chapter 3, title 9, Idaho Code. The right of entry of a private contractor working in a representative capacity for the department may. however. he made subject to additional confidentiality requirements so long as those requirements do not interfere unreasonably with the development ofinformation by the department or the transmission of information from tbe contractor to thedepartment or the United Statesenvironmental protection agency. (5) Any 

### magistrate or district court judge is authorized to issue an administrative search warrant upon a request from the director describing

### 15 HAZARDOUS WASTE MANAGEMENT 39·4413

reasonable causefor issuance ofthewarrantortheexistence ofa reasonable program ofinspection, (I.C" § 39·4412, as added by 1983, ch. 154, § I, p. 416; am, 1990, 

### th. 213, § 44, p. 480.]

Compiler'. notes. Secti-on 45 of8.L. 1990, vidod that §§ 3 through 45 and 48 through ch. 213 is compiled as § 39·5211. 110 ofthe act should take effect July I, 1993

Section 111 of S,L, 1990. ch, 213 as and that §§ 1,2,46 and 41 should take effect amendod by § 16 of S.L, 1991. ch, 329 pro- July 1. 1990,

39·4413. Enforcement procedures.

- tAl Whenever the director determines that any person is in violation ofany provision ofthis chapteror anypermit. standard,regulation, condition,requirement,compliance agreement or order issued or promulgated pursuant to this chapter, one or more ofthe following actions may be taken: (1) ADMINISTRATNE ENFORCEMENTACTIONS. (a) Notice. The director may commence an administrative enforcement actionby issuing a written notice ofviolation. Thenotice ofviolation shall identify the alleged violation with specificity, shall specify each provision ofthe act, rule, regulation, permit or order which has been violated, and shall state the amount of civil penalty claimed for each violation. The notice of violation shall inform the person to whom it is directed of an opportunity to confer with the director or the director's designee in a compliance conference concerning the alleged violation. A written reo sponse may be required within fifteen (15) days ofreceipt ofthe notice of violation by the person to whom it is directed. (b) Scheduling Compliance Conference. If a recipient of a notice of violation contacts the departmentwithin fifteen (15) days ofthe receiptof notice, the recipient shall be entitled to a compliance conference, The conference shall be held within twenty (201 days ofthe date ofreceipt of notice. unless a later date is agreed upon between the parties. If a compliance conference is not requested, the director may proceed with a civil enforcement action as provided in subsection (3) offl1is section. (c) Compliance Conference, The compliance conference shall provide an opportunity for the recipient of a notice of violation to explain the circumstances ofthealleged violation and, where appropriate, to present
a proposal for remedying damage caused by the alleged violation and for assuring future compliance, If the recipient and the director agree on a plan to remedy damage caused by the alleged violation and to assure future compliance, they may enter into a consent order formalizing their agreement. The consent ordermay include a provision for payment ofany agreed civil penalty. (d) Effect ofGon.entOrder Aconsentordershall be effective immediately upon signmg by both parties and shall preclude any civil enforcement action for the same alleged violation, Ifa party does not comply with the terms of the consent order, the director may seek and obtain in any appropriate district court specific performance of the consent order and such other reliefas authorized in this chapter, te! Failure to Reach Agreement on Consent Order. If the parties cannot reach agreement on a consent order within sixty 1601 days after the\


### ,
39·4413 HEALTHAND SAFETY 

### 16 receipt of the notice of violation, or if the recipient does not request a complianceconferencepursuantto subsection (Al(IJ(b) ofthis section, the director may commence and prosecute a civil enforcement action In 

### district court, in accordance with subsection (A)(3) of this section. (2) PERMIT SUSPENSION OR REVOCATION PROCEEDINGS. (a) Grounds. Thedirectormayrevoke or temporarily suspend the pennit ofany hazardous waste facility or site pursuant to the grounds provided in suhsection (6) ofsection 39·4409, Idaho Code. A violation that is shown to have OCCUlTed as the result of an unforeseeableactofGod despitea pennittedpatty'sreasonable effortsto comply with all applicable legal requirements shall not be grounds for a suspension or revocation. 

### (b) Notice ofHearing. The director shall COmmence a permit suspension
or revocation action by giving a permitted party a written notice ofintent to suspend or revoke. The notice shallinform the permitted party offacts
or conduct which warrant suspension or revocation of the pennit. The notice, hearing, and record requirements for contested cases contained in the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and subsection (A)(2)(c) ofthis section shall applyto proceedings initiated under this subsection. Revocation or suspension ofa permit shall become final fifteen (15) days after delivery of the notice ofintent to revoke or suspend unless the permitted party requests a hearing. (c) Administrative Hearing Provisions. (i) 

### Upon a timelyrequestby a permitholderfor a hearingto review the director's action under subsection (A)(Z)(b) ofthis section, the director shall promptlyconduct a hearingopen to the public. The contested case provisions ofthe Idaho administrative procedure act shall apply to all hearings conducted under thIS subsection. (ii) The director shall have the authority to request from the district court in and for Ada county or any other appropriate district court the issuance of an order in the nature of a subpoena compelling the attendance and testimony ofwitnesses and the production before the director ofpapers, books, drawings, documents, test results, and other evidence relevant to a permit suspension or revocation investigation or adjudication. (iii) After the hearing, thedirector shall issue a written opinion setting forth findings offact, conclusions of law and an order. An 

### aggrieved person subjectto 

### thedirector'sorder mayseek itsreview asa final order in a district court as prOVided by the Idaho administrative procedure act. Districtcourt review ofthedirector's decision shall be limited to the record developed before the director. (3) CIVIL ENFORCEMENT ACTION. The attorney general may commence and prosecute in district court a civil enforcement action, Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person who is alleged to have violated any provision of this chapter or any rule, regulation, permit, condition, requirement, consentorder, or order which has become effective pursuant

## } 17 HAZARDOUS WASTE MANAGEMENT 

### 39-4414

to this chapter. Such action may be brought to compel compliance with any provision ofthischapterorwith any rule, regulation, permit ororder promulgated hereunder, and for any reliefor remedies authorized in this chapter. The director shall not be required to initiate or prosecute an administrative action before the attorney genera) may commence and prosecute a civil enforcement action. In addition, the attorney general may delegate this authority regarding civil enforcement actions to the prosecuting attorney ofthe county where a civil enforcement action may arise. (B) ACTIONS AGAINST GUARANTORS. Ifthe owner or operator is in bankruptcy, reorganization or other arrangement pursuant to the federal bankruptcy code, orwherejurisdiction cannotbeobtained over an owneror operator likely to be 

### solvent at the time ofjudgment, an action may be 

### brought directly against a guarantoroffinancial responsibility by the state
or any injured party for any claim arising from conduct for which guarantees offinancial responsibility have been made. The guarantor may invoke all 

### rights and defenses which would have been available to the owner or operator and all rights and defenses normally available to the guarantor. (C) LIMITATION OF ACTION FOR ADMINISTRATIVE AND CfV1L COURT PROCEEDINGS BROUGHT UNDER THE PROVISIONS OF THIS CHAPTER. No civil or administrative proceeding may be 

### brought to
recover for a violation of this chapter or any permit, standard, regulation, condition, requirement or order issued or promulgated pursuant to this chapter more than two (2) 

### years alter the director had knowledge or ought reasonably to have had knowledge of the violation. [I.C., § 

### 39-4413, as added by 19B3, 

### ch. 154. § 1, p. 416; 

### am. 1986, 

### ch. 148, § 6, p. 415; 

### am. 1988, 

### ch. 259, § 3, p. 49B; 

### am. 1989, 

### ch. 38, § 

### 1, p. 49.]

Compiler'snotes. The federal bankruptcy Sectton 2 ofS,L. 1988, ch 259 is compiled code referred to in .subsection fB} of this as f 39·4409. section is compited as 11 U.S.C" § 101 et seq. Sec. to sec. ref. TI1I3 sectlOn is referred to

Se<tion 5 ofS.L 1986. 

### en. 148 is compiled in §§ 39-4409.39-4429. as § 39-4411.



### 39-4414. Remedies.

- The remedies specified in this section are cumulative and nonexclusive. (1) MONETARY PENALTIES. 

### (a) Any person who makes a false statement or representation in any application, label. manifest, record. report. pennit or other document filed, maintained, or used for the purpose ofcomplying with theprovisions ofthis chaptershall be liable for a civil penalty nottoexceed ten thousand doHars 1$10,000) 

### for each separate violation or for each day ofa continuing vio1ation, 

### ,b 1 

### Any person who violates this chapter or any permit. standard. regulation. condition. requirement. compliance agreement, or order IS

### sued Dr 

### promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed ten thousand dollars 1$10,000) 

### for each separate violation or for each day of a continuing violation.
iC) 

### The imposition or computation of monetary penalties may take into account the seriousness ofthe violation, good faith efforts to comply with18 39-4414 HEALTH AND SAFETY

the law, and an enforceable commitmentby the person against whom the penalty is directed to implement Ii supplemental environmental project. Forpurposes ofthis section, "supplementalenvironmental project"means
a project which the person isnototherwiserequired 

### toperfonn and which prevents pollution, reduces the amount ofpollutants reaching the environment, contributes to public awareness of environmental matters, or enhances the quality of the environment. In evaluating a particular supplemental environmental projectproposal, preference may be given to those projects with an environmental benefit, which relates to the violationorthe objectives ofthe underlyingstatutewhichwasviolated, or which enhances the qualityofthe environment in the general geographic location where the violation occurred. (2) ASSESSMENT OF COSTS. Any person who violates this chapter or anypermit, standard,regulation,condition, requirement,complianceagree· ment, or order issued or promulgated pursuant to this chapter may be assessed for: (a) The state's costs for any nonroutine investigations, inspections, mon· itoring, or surveys which lead to evidence ofthe violation; (b) Thestate's costs, includingthereasonablevalueofattorneys'services, for preparing and litigating the case; Ic) The state's costs for mitigating, removing, correcting or terminating adverseeffects upon soil, air, orwaterqualityresultingfrom theviolation; (d) The state's costs for impounding, storing, and disposing ofcontami­ nated property: (e) Compensation for damages to publicly held resources including but notlimited to, land, water, recreational uses, wildlife, fish and aquaticlife to restore the resource to its highest previous use: 10 Compensation for damages to privately held resources including, but not limited to, livestock, land, water, or other Personal property, and compensation for court costs allowed by statute, reasonable attorney's fees for trial preparation and trial of the case, and all other reasonable costs oftrial preparation and trial ofthe case; Ig) Compensation for damages to personal health and compensation for court costs allowed by statute, reasonable attorney's fees for trial prepa­ ration and trial of the case, and all other reasonable costs of trial preparation and trial ofthe case; Ih) The imposition or computation of costs may take into account the seriousness ofthe violation and good faith efforts to comply with the law. (3) RESTRAINING ORDERS, INJUNCTIONS AND OTHER RELIEF. Ia I Any person who violates any provision ofthis chapter or any permit, standard, regulation, condition. requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be subject to a permanent or temporary injunction, restraining order, or other relief deemed appropriate. Upon a showing to the court that a violation is causing an imminent hazard to the public health, the public safety, 

### or to the environment, the department need not allege or prove at any stage of the proceeding that long-term irreparable damage will occur should the Injunction or order not be issued or that the remedy at law is inadequate.

### ) 19**~DOUSWASTE~UlliAGEMENT** 39-4416
(b) A receiver may be appointed to oversee or operate any hazardous 

### waste facility or site which is established or operated in violation ofthis chapter or any standard, regulation, condition, requirement, compliance agreement, 

### or order issued or promulgated pursuant to this chapter. 

### (4) PAYMENT TO HAZARDOUS WASTE EMERGENCYACCOUNT. All moneys collected by the department pursuant to subsections (1), (2) and (3) of this section to resolve any enforcement proceeding instituted under section 39-4413, Idaho Code, shall be paid into the hazardous waste emergencyaccountcreatedby section 39-4417, IdahoCode. [I.C., § 39-4414,
as added by 1983, ch. 154, § I, p. 416; am. 1984, ch. 157, § I, p. 383; am. 1997, ch. 94, § I, p. 219]

Complier', note•. Section 2 of S.L. 1997, ch. 94 i. compiled

... § 39-108.

39-4415, Violations constitutingmisdemeanors.

- (1) Any person who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained orused for the purpose ofcomplying with the provisions ofthis chapter shall be guilty ofa misdemeanor and subject to a fine 

### ofnot more than ten thousand dollars ($10,000) or to imprisonmentnotto exceed one (1) year, or to both, for each separate violation or for each day ofa continuing violation. (2) 

### Any person who knowingly violates any provision ofthis chapter or anypennit, standard,regulation, condition,requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be guilty ofa misdemeanor and subjectto a fine ofnot more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, 

### for each separate violation or for earh day ofa continuing violation. (3) 

### An action may

### be commenced and prosecuted by theattorneygeneral. The director shall notbe required to initiate or prosecute an administrative
or civil action before the attorney general may commence and prosecute a criminal action. [I.e., § 39-4415, as added by 1983, rh. 154, § 1, p. 416; am. 1984, rh. 54, § I, p. 94]

39-4416. Citizen suits.

- (1) Except as provided in subsection (2) of this section, any person who has been injured or damaged by an alleged violation of any permit, standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter, may commence
a civil action on thatperson's own behalfagainst any person alleged to have committed the violation. Aperson commencing an action under this section shall be required to file a bond or equivalent security in an amount not less thanone thousand dollars ($1,000,or Inconformance with the requirements 

### of rule 65(e) of the Idaho Rules of Civil Procedure if injunctive relief is sought.

(2) No action maybe commenced under subsection (llofthis sechon ifthe departmenthascommenced and is diligently prosecuting an administrative, CIvil, or criminal action to require compliance with the law Further, no action may be commenced under subsectIOn IIi of this 

### sectIOn unless the

### 20 39·4417 HEALTH AND SAFETY
plaintiff has given the department sixty (60) days' notice and substantial evidence ofthe violation upon which the citizens' action is based. However, ifthe department commences an action in a court ofthe state

### ofIdaho, any interested person may interveneas providedin rule24{a) 

### oftheIdaho Rules ofCivil Procedure. (3) In any action under this section, the department may 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 state has become a party. (5) Nothingin this section shall restrictanyrightwhich a person, orclass of persons, may have under any other statute or the common law. [I.e., § 39·4416, as added by 1983, ch. 154, § I, p. 416; am. 1993, ch. 291, § 7, p. 10821

Compilet"'$ notes. St:Ctions 6 and S ofS.L. 1993, ch. 291 are complIed as §§**39~441l** and 39-4427. respectivf;»y.

39·4417. Hazardous waste emergency account.

- (1) There is hereby created an account in the state treasury to be designated the hazardous waste emergency account. (2) The account shall consist of moneys appropriated to the account by the legislature, moneys allotted to 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, and moneys contributed to the account from other sources. 13) 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. ormitigatingany threat to thepublic health orsafety, ortothe environment caused by that emergency. (4) The board may promulgate regulations for the withdrawal and use of funds from the account as specified in subsection (3) ofthis section. (5) All moneys placed in the account are hereby perpetually appropriated to the department for the purposes descnbed in subsection (3) of this section. All expenditures from the account shall be paid out in warrants drAwn by the :;tate controller upon presentation ofthe proper vouchers. (6) Pending use. surpills moneys in the account shall be invested by the state treasurer In the sanIe manner as provided under section 67·1210. Idaho Code. Interest earned on the investments shall be returned to the account. II.C

..**~** .19·4417. a5 added by 1975. ch. 180. § 2. p. 486; am. 1994. ell. 180.**~** 74. p. 4201**CompU~r's** notes. :>('(tlon :2 n of S L amendmer.t to the ConstitutIOn of Idaho 199,1. ch H{O pru\',ded thaI such act f'hDuld I.:hungmg th(> namlo: of the statt' auditor to bf'(:ome l'fft'ct!vr;' 1m and I.lltt'r Hw first**~1onda\'** stat(- cuntroller**119~~** S ..1 R No 109. p. 14931 In Jaouar·r 199:">**~.JaO\lJr.\** L 1 99iiJ If**lh~ wa~**  adopted at the general**el~ctloo** held on21 HAZARDOUS Wi\STE MANAGEMENT 39-4421

November 8, 1994, Since such amendment compiled

.. §§ 39·422 and 39-7110, resp«:'
was adopted, the amendrnE'nt to this section lively. by § 74 ofS,L. 1994, ch, 180 became effective**~c.** to /lee. ret. This section is referred to January 2, 1995, in § 39-4414,

SectIons 73 and 75 ofS.L. 1994. ch. 180 are
39-4417A. [Reserved.]
39.44118, Hazardous waste management account. [Repealed.]

Complier's notes, §**3~·4417B,** which § 2, p, 627; am, 1997,ch. 313, § I, p,926, W •• comprised Le" § 39·4417B, •• added by repealed by g,L, 1999, ch, 200, i I, p, 718, 1984, th, 205, § 3. p, 502; am, 1966. rh, 231, effective July I, 1999,

39-4418. Local government notice

....A permit (or a new hazardous waste land disposal facility or site shall not be issued until the department has given ninety (90) days' notice to the board ofcounty commissioners o( the county in which the proposed facility or site is to be located. 

### (I.e., § 39-4418, as added by 1983, ch, 154, § 1. p. 416,]

39-4419. Interstatecooperation,

...The directorshall havethepower and the duty to encourage cooperative activities between the department 

### andother statesfor theimproved managementofhazardouswastes. and 80 far aa ispractical, to provide for uniform stateregulations and for interstate agreements relating to hazardous wastemanagement. The state mayenter intosuchagreementswith otherstatesto accomplish thepurposes as setout in this chapter. [I.C" § 39-4419. as added by 1983. ch. 154, § 1, p. 416.1

39-4420. Employment security

.... (ll No employee of a hazardous waste generator, transporter or treatment, storage. or disposal facility or site shall be dismissed. suspended, or otherwise discriminated against because theemploymenttestifies, provides information or otherwiseassists in the enforcement or administration ofthe provisions ofthis chapter, (2) Any employerwho knowinglyviolates theprovisions ofsubsection (1) 

### of this section shall be liable for damages. costs and attorneys' fees. in addition to any other liability for reliefauthorized by this chapter. by any' other statute, or by thecommon law. [I.C., § 39-4420, as added by 1983. ch. 154, § 1, p. 416,1

39·4421. Good samaritan protection.

- (1) Notwithstanding any provision oflawto thecontrary, noperson whoprovides assistanceoradvice in nlitigatingorattempting to mitigatetheeffectsofan actualorthreatened leakage, seepage, or other release of hazardous waste, or in preventing, cleaning up, or disposing ofor in attemptingto prevent, clean up ordispose of any such leakage. seepage or other release. shall be subject to civil liabilities or penalties of any type. (2) The immunities provided in subsection (1) ofthis section above shall not apply to any person: !a I "''hose act or omission caused in whole or in part such actual or threatened leakage, seepage or otherrelease and who would otherwise be liable therefor; or(



### 39-4422 HEALTH AND SAFETY 

### 22
(b) Who receives compensation other than reimbursement for out·of· pocket el<penses for services in rendering such assistance or advice. (3) Nothing in section (1) 

### above shall be construed to limit or otherwise affect the liability ofany person for damages resulting from such person's gross negligence, or from such person's recklesa, wanton, or intantional misconduct. [I.C., § 39-4421, 

### as added by 1983, 

### ch. 154, § 

### 1, p. 416.1



### 39-4422. Severability.

- The provisions ofthisact areherebydeclared to be 

### severable and if any provision ofthis act or the application ofsuch provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity ofremaining portions ofthis act. II.C., § 39-4422, 

### as added by 1983, 

### ch. 154, § 

### I, p. 416.1

CompiJtrr·11'10t-e

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


### 39-4423. 

### Disposal of restricted hazardous wastes prohibited.

­ (1) 

### Notwithstanding any other provision oflaw to the contrary, no person shall discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous wasta, 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 department may issue a variance from the requirements of subsection (1) 

### ofthis section, if, inthejudgmentofthe director, application ofthe requirements would cause undue hardship and the granting ofthe variance would not be harmful to the public intarest or inconsistant with RCRA requirements. In issuing the variance, the director shall take into account:

(a) The long·tarm uncertainties associated with land disposal; !b) Thegoal ofmanaginghazardous wastes in an appropriate mannerin the first instsnce; and (c) Thepersistence, toxicity, mobility, and propensity to bioaccumulata of such hazardous wastas and their hazardous constituents. (3)(a) The board shall promulgate rules and regulations specifYing those levels or methods oftreatment. if 

### any, which substantially diminish the toxicity ofthe waste or substantiallyreduce the likelihood ofmigration of hazardous constituents from the wasta so that short·term and long.tarm threats to human health and the environment are minimized. (b) Ifsuch restricted hazardous wasta has been 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) 

### ofthis section and may be disposed ofin a land disposal facility which meets the requirements ofthis chapter. [I.C., § 

### 39·4423. as added by 1986, 

### ch, 324, § 

### 2, p. 794.1
Compiler'. note•• Section 1 ofS.L 1966. ch. 324 IS comp.le<! as § 39·4403(



# ) 23 HAZARDOUS WASTE MA.\1AGEMENT 

### 39-4427

39-4424. Disposalofmanifestedwaste.

- Manifestedwaste, 88 

### that term is defined in section 39-4403, Idaho Code, shall onlybe treated, stored
of 

### disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning ofsuch manifested waste to proouceheatisotherwiselawful. [I.C., § 

### 39·4424, as added by 1989,ch. 253, § 2, p. 

### 626.]

Compiler'. Dole

.. Se<:tion I ofS.L. 1989, rh. 253 is compiled u f 39-4403, Section 3 ofS.L. 1989, eh. 253 declared an emergency. Approved March 29, 1989.
394425. 

### [Reserved.)

394426. 

### Appointmentofinspectors.

- (1) 

### The department ofenvironmental quality shall assign a sufficient number 

### of employees and equipment 

### to inspect hazardous waste facilities or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous waste occurs for the purpose of assuring the protection ofthe health and safety ofthe public by monitoring the receipt and handling of hazardous wastes which have been transported by common carrier. (2) All employees ofthe 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 49, Idaho Code, andviolationstoanyrulesissuedpursuantto section 67-2901A, Idaho Code. (3) All actions brought for 

### violations ofthe provisions ofthis chapter or rules promulgated pursuantthereto shall be

### brought as provided for in this chapter. All actionsbroughtfor

### violations ofthe provisions of

### title49, Idaho Code, shall be broughtas 

### provided inthattitle. !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; am. 1999, ch. 383, § 1, 

### p. 1051; am. 2001, ch. 103, § 

### 46, p. 253.J

Compiler's DOtH. Section 3 ofS.L. 1984, Sections 45 and 47 ofS.L. 2001. eh. 103 ar. 

### en. 205 was repealed compiled as §§ 39·4403 and 39·4428, rospecSection 4 of SL. 19B6. ch. 231 is compiled**tiv~ly,** as f**49~2201** -**49~2212,** and sectIOn 2 was Section 586 of S.L. 1987. eh. 265 provided repealed, that the act should b@coroe effective on and

Section. 568 and 570 ofS.L. 1988. eh 265 afterJanuary 1, 1989, are compiled as**~§** 39·HIO and 40·701.

Section 2 of S.L. 1999, ,h 383, 18 compiled

•• § 40-510.



### 39-4421. Commercial disposal fees.

- (1) 

### There is imposed on the
owner or operator ofevery commercial hazardous waste disposal facility or site permitted under section 39-4409. Idaho Code. the lowest applicable fee for 

### each ton ofwaste or fraction thereof. as follows:

(a) Thirty dollars ($30.00) per gate ton or fraction thereoffor all hazard·

ous wastes as defined by RCR.4. 

### or section 39·4407, Idaho Code; (bl 

### 'IWenty-five dollars ($2500) per gate ton or fraction thereof for all manifested wastes not otherwise defined in this subsection;24 39-4427 HEALTH AND SAFETY
(e) Twentydollars ($20.00)pergate ton or fraction thereoffor thefirst two thousand five hundred (Z,500) gate tons or less of wastes received by a facility or site in a calendar year from the Same initial generator ifthe wastes: (i) are PCBs regulated under Idaho or federal law and are in concentrations greater than fifty (50) partsper million; (ii) are hazardous debris; (iii) are hazardous wastes that become subject toregulation solely
as a result ofa removal or remedial action taken in response to environmental contamination: or (iv) are hazardous wastes that result from corrective action or closure of a regulated or nonregulated hazardous waste management unit; (d) Ten dollars ($10.00) per gate ton or fraction thereof for all wastes containedin paragraph(c) ofthis subseetion, ifthewastes are received by the same facility or site and are from the same initial generator in an amount greater than two thousand five hundred (2,500) gate tons in the

same calendar year; (e) Five dollars ($5.00) per gate ton or fraction thereoffor all hazardous wastes that: (i) are delisted or treated so that the wastes are no longer hazardous wastes; or <H) are nonhazardous radiologically contaminated wastes including materials from the "Formerly Utilized Sites Remedial Action Program (FUSRAPl"sites administered by the government ofthe United States: or (iii) arePCBs in concentrations less than fifty (50) parte permillion andnototherwiseregulated by Idahoorfederal law; or(iv) are wastes not otherwise defined in this subsection. (2) Thefees setforthin subsection (1)ofthis section shall notapplyto any ofthe following types ofwastes: (a) Wastes generated or disposed ofby a public agency or other person operating a household hazardous waste collection program; (b) Wastes generated or disposed 

### ofby any agency ofthe state ofIdaho. Any waste for which the fees are waived under the provisions of this section must be noted as fee-waived waste on the return required in section 39-4428, Idaho Code, and is subject to all audit provisions of seetion 39-4429, Idaho Code.

(3) For wastes disposed of by any agency of the state of Idaho at any commercial hazardous waste disposal facility or site permitted under section 39-4409, Idaho Code, the director, pursuant to a written agreement with the director, the owner or operator of any such facility or site, may credit on the return required in section 39-4428, Idaho Code, and in the fee remitted, an amount equal to the actual cost charged by such owner or operator per gate ton or fraction thereoffor the characterization, collection, identification, transportation, treatment, storage and disposal ofwastes at such facility orsite. [I.e., § 39-4427, am. and redesig. 1999, ch. 290, § 2, p. 718; am. 2001, ch. 297, § 2, p. 1072; am. 2002. ch. 176, § 1, p. 522.1

Compiler's notes, Former § 39·4427. ,gnat. as § 39·4427A by S L 1998. ch 229, which compnsed 1984, eh 205. § 5" p. 502, § 1, P 778,
am. 1992, ch 251, § t p, 735, am. 1993, en ThIs sedwn was formerly complied as § 39­ 291, § 8. P 1082. am 1994. rh -119.**~** 2. p. 4427A_ 1310. am 1995. rh. 127. § 1, p 8,,6, am. 199;. ScctlOn 3 r;f 5 L. 2001, ch 297, is complied ch 3U, q. 2, P 926,**W:H~** amcndrd and redcs-**,l~** §**3~-4-t03**

### 25 HAZARDOUS WASTE MANAGE"IENT 39-4427C

Section 2 ofS.L. 2002, cb. 354. UI compiled 

# a. ! 39·5909,


### 394427A. [Amended and Redesignated.!

Compiler'. notea. Former § 39-4427A Thissection wasformerlycomplIed as § Ss.­ 

## w., amended and redesignated as t 39-4427 4427A. by S.L. 1999, ch. 290, § 2.


### 394427B

- 3944270. Generator fees

- 1reatment. storage or disposal facility fee

- Hazardous waste fees

- Dupli. cation. [Repealed.)
Compilees note•• Thf' (anowing section! hazardous wasteas defined by40 CFRsection

were

...pealed by S.L. 1999, cb. 290, § 1, p, 261, in any calendar month, or generates 718, effective July 1, 1999: more than two thousand two hundred (2,200)

FQrmer section 39·44278. wbich comprised pounds ofha;zardous waste at any time in a S,L, 1998, ch. 229. § 2, p, 778. am S.L. 1999. (aJendar month. "haH be subject to an annual ch, 49, § 1, wa.amended by S.L, 1999,ch. 49, 

## ree oftwo thousand dollars 1$2,000); § 1. effective July 1. 1999 and was repealed "(b) A generator who generates between by S.L. 1999, ch. 290, § 1, .ffective July 1, two hWldred twenty (220) and two**thOU8~l"jd** 1999. two hundred (2,200) pounds of hazardous

39·4427C, which comprised SJ:

.. 1998, ch. waste in one U) calendar- month, shall be 229, ! 3, p, 778, was repealed by SJ

.. 1999, subject toan annual fee ofseven hundred fifty ch. 290, § 1, effective July 1, 1999. dollar. ($750).

39·4427D, which comprised S.L. 1998, <h. "(2) The 

## ree !let forth in lfubsection (1) of 

# ) 229, § 4, p. 778, was repealed by S.L. 1999, this seetion shall not apply to generators who: ch. 290, § 1, effective July 1, 1999, "(a) Are public or governmental entitles;

Section 39¥4427B 8a amended by S,L. 1999, "(b) Are dry cleaners; OT ch. 49, § 1 read: "Generator fee•• (1) For "(c) Demonstrate, to the satisfaction ofthe anygenerator generatingwute during**calen~** director ofthe department, aninability topay dar year 1998, there is imposed a generator all or a portion ofthe fee, fee to be remittedto the department ofhealth "(d) For purposes of this section, "dry and welfare no later than thirty (SO) days cleaners" means any generator

.....ho (}wns or after the end of calendar YI;'Ilr 1998, as fol· operates II business the primary purpose of lows: which is to dry clean apparel and fabriC$ for

"(,a) A generator who generates two and the genera) public, as described in standard two·te-nths (2.2) pounds or more of acutely industrial classification no, 72HL"

39-4427C. 

### Treatment, storage or disposal facility fee.

- (1) Any hazardous waste treatment, storage and disposal facility subject to regulation by the department of health and welfare during calendar year 1998, shall be subject to a five thousand dollar ($5,000) fee to be remitted to the departmentofhealth and welfarenolaterthan thirty (30)days aftertheend ofcalendar year 1998. (2) 'The fee 

### set forth in subsection !l) of this section shall not apply to facilities which; (a) Are owned or operated by public Or governmental entities; or Ib) Demonstrate. to the satisfaction 

### ofthe director 

### ofthe department, an inability 

### to pay all or 

### a portion ofthe fee. 

## II.C. § 39·4427C, 

### as added by 1998, ch. 229, § 3, p. 778.)

Compiler's note8. Se<:tion 8 ofS.L 1998. Sec, to**8~.** ref. This section 15 referred to ch 229 declared an emergency. Approved 1fl S 39·4427D March 20. 1998

### 26 39·44270 HEALTH AND SAFETY



### 39-44270. Hazardous waste fees

- Duplication.

- (1) Any 

### owner or operator, generator or treatment, storage or disposal facility subject to
more than one 

### (1) fee under section 

### 39·4427A, 39·4427B or 39·4427C, Idaho Code, shall only be 

### required to

### pay the highest applicable fee under anyone (1) 

### ofthose sections. (2) Forpurposes ofthis section, the fee for section 39-4427A, 

### Idaho Code, shall be 

### the total amount required to be 

### paid under subsection (1)

### ofsection 39-4427A. 

### Idaho Code. [I.C., § 39-44270. 

### as added by 1998. 

### ch. 229, § 4, 

### p. 

### 778.1

Compiler'.**D()te~** Section 8 ofS.L. 1998. th, 229 dEclared aD emergency. Approved Mareh 20. 1998.

39-4428. 

### Collection of commereial disposal fees

- 

### Returns.

­ (1) 

### The fees 

### imposed under section 39-4427, 

### Idaho Code, shall be 

### due and payable in monthlyinstallmentsby the owner, agent, employee, or operator ofsuch hazardouswaste facility or site and remittanceshall be made to 

### the Idahodepartment ofenvironmental qualityon orbefore thefifteenth day of 

### the month next succeeding the end ofthe monthly period in which the fee accrued. The owner, operator or designated employee or agent of the hazardous waste facility or site, on or before the fifteenth day ofthe month, shall make out a return, upon sueh forms settingforth such information as the department may require, showing the amount ofthe fee for which the
owner or operator 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 amount in the form required_ (2) 

### The department mayrelieve any person or class ofpersons from the obligation of filing monthly returns and may require the return to cover other reporting periods. but in no event shall returns be tiled for a period greater than three (3) 

### months. [I.C., § 39-4428, 

### as added by 1984, 

### ch. 

### 205, § 

### 6,p.502;am. 1998,ch. 

### 229.9 5,p. 778; am. 

### 1999, ch. 

### 290.§ 3,p.716;am. 2001, 

### ch. 103, § 47, p. 253.1

Compiler's notes. Section 46 ofS,L, 200l, emergen<:y. Approved March 20, 1998. ch. 103 i. compiled as**~** 39-4426 See. to sec. ref. This section is referred to

Seetion 8 ofS,L, 1998, ch 229 dedared an In § 39-4427.


### 39-4429. Books 

### and records tobe preserved

- 

### Entry and inspec

### tionby

### departmentofenvironmentalquality.

- Every person orentity subject to theimposition oftnefees specified in section 39·4427, 

### Idaho Code, shall keep complete and accurate records, including itemized invoices and manifests for federally regulated types and quantities ofhazardous waste ultimately disposed of at II 

### hazardous waste facility or site in Idaho. All books, documents and papers, computer tapes, discs, and other records required to be kept by this section shall be preserved for a period ofat least five (5) years from thedate afthe records orthe date ofthe entries appearing in the records, unlpss the department in writmg, authorized their destruction or disposal at an earher date. For purposes ofthis chapter, at any time27 HAZARDOUS WASTE MA.'1AGEMENT 39-4431
during usual business hours. the department or duly authorized agents or employees. may enter any place ofbusiness ofthe owner OT operator of a hazardous waste facility or site where hazardous wastes are disposed and inspectthepremises.therecordsrequired tobe keptunderthischapter. and the hazardous wastes or other chemicals contained therein. to determine whetherornot alltheapplicableprovisions 

### ofsections39-4427and 39-4428, Idaho Code. are being fully complied with. Trade secret information obtained by the department under the provisions of this section shall be treated in the same manner as such information obtained under section 39-4411, Idaho Corle. Ifthe department. or any ofits authorized agents or employees is unreasonablydenied free accessoris unreasonablyhindered or interfered with in making the examination ofa hazardous waste facility or site, thathindrance or interference shall constitutegrounds ror suspension
orrevocation ofthefacility orsite'spermitby thedirector

### ofthedepartment of environmental quality under subsection (b) of section 39-4413. Idaho Code. (I.C.• § 39-4429. as added by 1984. ch. 205. § 7. p. 502; am. 1998. eh. 229. § 6.p. 778;atn. 1999.ch. 290.§ 4,p. 718; arn. 2001,ch. 103.§ 48. p. 253.j

Compiler'. note

... Section 7 ofS.L. 1998, emergency. Approved Match 20, 1998. ch. 229 is compiled

## a. § 39·4432. "Water"and -Chemical"DjatiDguished.

Section 5 of S.L. 1999, eh. 290 is compiled The legislature has indicated by its Utie of

.. § 39-4431. the word "chemica)" in several litatutes that

Section 49 ofS.L. 2001. ch. 103 is**~ompned** watershould notbe cOMidered to be a "chem­ as § 39·443l. ical." Moosman v. ldaho Hone Raang

Section

### aofS.L. 1998. ch. 229 declared an Comm'n. 117 Idaho 949. 793 P2d 181 (1990). 39-4430, Additions and penalties_

- The additions. penalties. and requirements provided by the Idaho income tax act, sections 63-3046, 63-3075, 63-3076 and63-3077, IdahoCode, astheynow exist orastheymay 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 reqlrirements and shall. for this purpose, be described andbe for acts. omissions. delinquencies, and requirements under this chapter. II.C

.. § 39-4430. as added by 1984, ch. 205. § 8. p. 502.J

39·4431, Collection and enforcement.

- (1) The collection and enforcement procedures avltilable to the Idaho state tax commission provided by the Idaho income tax act. sections 63-3030A, 63.3038, 63-3039, 63-3040, 63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3070, 63-3071, 63-3072. 63-3073 and 63-3078, Idaho Code, as they now exist or as they may subsequently 

### be amended. shall apply and be available to the department ofenvironmental quality for the enforcement ofthe commercial disposal fee and for the assessment and collection of any amounts due thereunder. Said sections shall, for the aforementioned purposes, be considered part of this chapter and wherever liens or any other proceedings are defined as mcome tal< liens or proceedmgs, they shall. ,,'hen applied in enforcement Or collection under this chapter. be described as commercial disposal fee liens and proceedings.HEALTH AND SAFETY 28 39-4432
(2) The department of environmental quality may be made a party defendant in any action at law or in equity by any person aggrieved by the unlawful seizureorsaleofhisproperty,orinany suitfor refund ortorecover anoverpayment,butonly the stateofldahoshall beresponsiblefor anyfinal judgment secured against the department of environmental quality and saidjudgmentshall be paid or satisfied out ofthe general fund ofthe state. [I.e., § 39-4431, as added by 1984, ch. 205, § 9, p. 502; am. 1997, ch. 313, § 3, p. 926; am. 1999, ch. 290, § 5, p. 718; 

### am. 2001, ch. 103, § 49, p. 253.J

Compiler'. DOte.. Section 63·3070 reo. Section" ofS.L. 1999, ch. 290. is compiJed ferred to In this section was repealed by S.L. as § 39·4429, 1989, ell. 363. § 2. SC<tions 48 and 50ofS,L. 2001. eh. 103 are

Seetion 2 ofS.L. 1997, ch. 313 i. compiled compiled as §§ 39-4429 and 39-5803. r

..pee· as § 39·4427, tively.


### 39-4432. Distribution ofcommercialdisposal fee revenues.

- The
revenues received from the commercial disposal fees imposed by this chapter and any penalties, interest, or deficiency additions, shall be paid
over to the state treasurer by the department tobe distributed periodically but no less frequently than quarterly as follows: (1) An amountequal toninety-fivepercent (95%) shall be remitted tothe general fund ofthe state; and (2) An amount equal totheremaining live percent (5%) shall be remitted to the countytreasurerofthecountyorcounties wherethe activityoccurred which caused the fees to be assessed pursuant to this chapter. Moneys shall be apportioned to the counties in the slime proportional manner in which they were collected. Moneys returned to counties shall be utilized by the county to respond to health and environmental problems which may be caused by hazardous waste emergencies or spills, or improperly handled or packaged hazardous waste. 1l,C., § 39-4432, as added by 1984, ch. 205, § 10, p, 502; am, 1989, ch. 419, § 1, p. 1023; am. 1997, ch. 313, § 4, p. 926;
am. 1998, ch. 229, § 7, p. 778; am, 1999, ch. 290, § 6. p. 718.)

Compiler's notes.**S~tion** 11 ofS.L. 1984, emergency. Approved April 3, 1984. ch. 205 is complied as § 67·291i. Section 8 

## or S,L, 1998. ch, 229 declared on

SectlOn 6 ofS.L. 1998, ch. 229 is compiled emergency. Approved March 20. 1998

. •s § 39-4429, Sec. to sec. ret. Thia seetion is referred to

Section 14 afS,L, 1984. ch 205 declared an in § 39·7204,

CHAPTER 45

NATtJRAL DEATH ACT**~FrtI01'l, ~P;I"T!N".**  39·4501, Short title.**,19~4506** Revocation_ 39·4502. Statement of poliCy. 39·41507 ExeeutlOP ofd!rectivC'. 39·4503. 39·4504 39·4505 DefinitlOna. Livmg WIU Durable powpr of attorney for 39·450B, 39·4609 Immunaty. General pnwlslOns,
heJ.lth car<: (



### )**~**