APPENDIX XIII 

2010 


CUMULATIVE 


POCKET SUPPLEMENT 


IDAHO CODE 


Compiled Under the Supervision of the 


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 9i8-Q~327'03!')7'7.8 
TITLE 89 


HEALTH AND 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, §§ 39CWOl 

-' 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 CARE AccEss 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 NATION"" 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> LAKEs AcT. (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 REGIONAL AlR 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. 	 IDAHO HEALTH FuEnoMAc1, §§ 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 disposal Jacility or 

site permUted 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 Of fraction thereof for all hazardous wastes as defined by RCRA or se~tion 39-4407, Idaho Code; 

1 
39-4427 HEALTH AND SAFETY 2 

(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 thereof for thellI'st 

~o thous:md five hundred (2,500) gate tons or less of wastes 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 that tiecome 

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 

nonregulaied hazardous waste management unit; 

(e) Ten dolbirs ($10.00) per gate ton or fraction thereof for all wastes 

contained in paragraph (d) ofthis subsection, if'the wastes are received by 

~he same facility orsite and are from the sl!llle site, ptope'rtyor hazardous 

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 

contained in paragraph (d) ofthis subsection, ifthe wastes are received by 

the same facility or site and are from the same site, property or hazardous 

was.te management unit in an amount greater than twelve thousand five 

hundred (12,500) gate tons up to twenty-fiv<q thousand (25,000) gate tons; 

(g) '!\yo dollars ,ilnd fifty cents ($2.50) per gate ton or fraction thereof for 

all wastes contained in paragraph (d) of this Bubsection;ifihe waSte!j! are 

received by the same facility or site and are from the same site, property 

or'ha~ardous waste management unit in an amount greater than twentyfive 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 administered by the government of the 

United States; or (iii) are PCBs in concentrations less than fifty (50) parts 

per million and not otherwise regulated by Idaho or federal law; or (iv) are 

wastes not otherwise defined in this subsection. 

(2) The fees set forth in subsection (1) ofthis section shall not apply to any 

of the following types of wastes: . , (a) WaiJtes generated or'disposed of by a public 'agency or other person 


operating a household hazardous waste collection program; 


(b), Wastes generated 'Or disposed of by any agency of the state of Idaho. 


Any waste for which the fees are waived' under the provisions of this 


section must be noted:as feB"waived waste on the return required in section 

39-4428, Idaho Code, and is subject to all audit provisions of section 

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 
3 THE MEDICAL CONSENT AND NATURAL DEATH ACT 39.4501 

section 39-4409; ldaho Code;, the director, pursuanttoa writteJ:). 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 sucl1 owner or 

operator 'per gate fun or fractio:Q thereoffor the characterization, coll!)ctioh, 

idlllltification,. trl;lnsPor.t;ation, treatment,. ~t6J:fige and disPos!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'it Notes;. Se~tion 2' of S,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 DEATH ACT 

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 of consent, 

39-4507, Fqrm of consent, . 

39-4508'. R~spori.ibility for conseot and doc' 

umentation, 

39-4509. Statel)lent.of policy - 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 to pl:iysiciall.'orders for 

scope: of tceatment (POST) 

prlltoCl;>i. 

39~4512C: Duty to inspect. 

39-4513. Immunity. 

39-4514. Gen'eraJ provisiol1B: 

39-4515, Health care directive registry, 

89-4501. Purposes - Application. - (1) The prim<U'Y purpoSI;lB of 

this chapter, are: 

(a) To provide and codif.y Idaho law concerning consent, for the furnishing 

of hospital, medical, dentafor surgical care,treatment or procedures, and 

concerning what constitutes an informed consent for such care,streatment 

, or' procedures; and 

(b) To provide certainty and clarity in the law of medical consent in·the 

furtherance of high standards ofhaalth care-imd its ready availability in 

proper, cases. " 

(2) Nothing in this chapter shall be deemed to amend or' repeal the 

provisions of chapter 3 or chapter 4, title 66, Idaho:Code, 'as those provisions 

pertafu to hospitalization ofthe mentally ill, nor the provisions of ehapter 6, 

title 18, Idaho Code, pertaining to the provision ofexaminations, presCriptions; devices and, informational materials regarding, prevention of pregnancy or pertainingtotherapeutic abortions and cons.ent to the performance 

thereof, 

(3) Nothing in this chapter shall be construed to permit or require ,the 

provision ofhealth' -care for a patient in contravention of the patient's stated 

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 

GENERAL LAWS 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 of the 


Idaho Code Commission 


R. DANIEL BOWEN 


THOMAS A. MILLER RICHARD F. GOODSON 


COMMISSIONERS 


MAX M. SHEILS. JR. 


EXECUTIVE SECRETARY 


TITLES 39 (44·83), 40 

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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...uaoe Aar.1f 39.a401- 39-5418. 

Am> FACllJ'I'IJS Aar. Of 39-4601 65. Wwm TuuI 0........., f§ 39-6801 

- 39­

- 39­

4608. 6507. 

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

A47. 	 If 39-6601- 39-5812. l'BIIeoNAL C_ SIRV1ClI8. (Aommw """ 

RmIsroN'm>.1 67-89.1~.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.....,IIICY 1I:csroN.. -39-4~. Aar, §t 39-7101 - 39-7115. (601 	 49. EQUAL 0PP0_ FOIl DIsP!.M:Io 

He""""",", Mr. §§ (39-50011 - 39- 72. lllAHO 1.00:1 _fA,..,.. Aar, n 39-7201

-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 .... 	_AL _ Aer. 5801 - 39-5820. 

59. 	 IOAHO Rutw. HEALTH CARE AcCESS PROORA.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 of entry. 39-4406. General powers and duties of direc>­ 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. 

1 
39-4401 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 of manif.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 of commercial disposal 


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

39-4401. Short title. - Thla act may be known and cited as the 

"Hazardous Waste Management Act of 1983." \I.C., § 39-4401, as added by 

1983. ch. 154. § 1. p. 416.1 

Compiler'. notes. The words "thia act" Collateral Reference•. 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 

of the State of Idaho finds: 

(a) That continuing technolOgical progress, increases in manufacturing. 


and the abatement of air and water pollution have resulted in ever· 


increasing quantities of hazardous 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 of great 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 of hazardous waste; 


(b) To establish a program to track and control hazardous wastes from 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. 4161 

3 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 of zoning regulations to waste 

CoUateral Refe-:encea. VaHdity and co.n~ disposal faciljti~8 of state 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 of environmental quality. 

(2) "Commercial hazardous waste facility or site" means any hazardous 

waste facility whose primary business is the treatment, storage or disposal, 

for a fee or other consideration, of hazardous waste generated offaite by 

generators other than the owner and operator of the facility. 

(3) "Department" means the Idaho department of environmental quality. 

(4) "Director"means the director of the Idaho department ofenvironmental quality or the director's authorized agent. 

(S) "Disposal" means the discharge, deposit, injection, dumping, spilling, 

leaking or placing of any hazardous waste into or on any land or water so 

that such hazardous waste or any constituent 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. This weigbt does not include any subsequent 

changes to the weight resulting from the management of the waste by the ) facility. 

(7) "Generator" means any person, who by virtue of ownership, management, or control, is responsible for causing or allowing to be caused the 

creation of a hazardous waste. 

(8) "Hazardous waste" means a waste or combination of wastes of a solid, 

liquid, semisolid, or contained gaseous form which, because of its 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, disposed of, or managed. Such wastes include, 

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 or dissolved 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 of the 

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 of hazardous wastes. 
39-4403 HEALTH AND SAFETY 4 

(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 of treatment, 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 

similar to that ofthe federal uniform hazardous waste manifest or by other 

manifest requirements designed to assure proper treatment. storage and 

disposal of such waste. 

(4) "PCB waste" means any waste or waste item which is not included 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 the resource conservation and recovery act of 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 of engineers and being disposed of pursuant to a 

contrsct in existence on ,July 1. 2001. and as may he renewed thereafter. 

(18) "Storage" means the containment of hazardous wastes, on a temporary basis or for a period of years, in such a manner as not to constitute 

disposal of such hazardous wastes. 

(19) "Transportation" meanS the movement of any 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 of a 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 is 
5 K~DOUSWASTE~~~AGEMENT 39.4404 

intended to be 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 "environmental quality" for "health and 

welfare" throughout the section; in subsection 

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 of g,L 1986, ch, 148 is compiled 

as § 39·4405. 

SeettOo 2 of S,L, 1986. ch. 324 is compHtXI 

as § ;;9-4423. 

Section 2 of S.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 of S.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 

that the state ofIdaho enact and carry out 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., and federal 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 of all ofthe regulations which have been or will be established under 

ReRA. However, by the provisions of this chapter. the legislature desires to 

avoid the existence of duplicative, overlapping or conflicting state and 

federal regulatory systems. 

Therefore, the board is directed to promulgate rules which are consistent 

with RCRA and the federal regulations adopted by the administrator of the 

United States environmental protection agency to implement ReRA. Farm· 

ers and ranchers who treat, store, or dispose of waste pesticides from their 

operations on lands owned or controlled by them shall not be reqUired by 

board rules to do anything more than follow the instructions on the pesticide 

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 ReRA or 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 of the environmental protection agency, Any rule 

promulgated by the board shall be valid until it is repealed or modified 

through the administrative process of chapter 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 amendment by ch. 291, § 2: in the first 

The amendment by ch. 216, § 27 in the nrst sentence of the third paragraph deleted "in 

sentence of the set:ond paragraph added "fed« substance" preceding "'consistent with ReRA" 

eral" following "6901 et seq., and"; in the 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 of S,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 of S,L. 1993, ch. 291 is compiled 

it appears and deleted "rules and" preceding as § 39·4406, 

"regulations of the em'ironmental protection Section 2 of S,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 of the generation, collection. transportation, treatment, storage. and disposal of hazardous wastes within the state, The board 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 of this code and shall have the force and 

effect oflaw. Such rules shall includl'. but not be limited to: 

(1) Criteria for the determination of whether any waste or combination of 

wastes is hazardous for the purposes of this chapter; 

(2) Rules for those who generate, transport. treat, store, or dispose of 

hazardous wastes; 

(3) Rules, consistent with those issued by the United States environmen· 

tal protection agency and the United States department of transportation. 

for containerization. labeling and manifesting of hazardous 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 of underground storage tanks, as may be necessary to 

protect human hee Ith 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 1 and 3 of S.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 of S.L. 2001, ch. 297, is compiled 


as § 39,4403, 


39-4406. General powers and duties of director. - The director: 

(1) Shall take all actions not inconsistent with this chapter as are 

necessary and feasible to enable the department to assume and continue 

primacy over hazardous waste management, pursuant to RCRA; 

(2) May conduct and publish studies of hazardous waste management in 

this state; 

(3) Shall develop, publish. and revise as necessary a 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 of hazardous waste treatment or disposal facilities or sites; 

(4) Shall exercise all powers and discharge all duties expressed in or 

implied from the other sections of this chapter, (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 of hazardous wastes. - (1) The board shall 

establish criteria for determining if any waste or combination of wastes is 

hazardous or nonhazardous, for the purposes of this 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 of a public hearing, list as hazardous any waste or combination of 

wastes determined to be hazardous by the United States environmental 

protection agency. Th accomplish this goal, the board may adopt by reference 

the regulations containing the lists of hazardous wastes and the set of 

characteristics for identifying hazardous wastes promulgated by the United 

States environmental protection agency pursuant to 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:' 
39-4408 HEALTH AND SAFETY 8 

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 

department has issued said person a permit or a variance as required for the 

specific activity involved or exempted the activity from permit requirements. 

(2) Effective six (6) months after the effective date [July 1, 1986] of this 

provision, nonhazardous liquids shall not be disposed of in a landfill for 

which a permit is required under section 39-4409, Idaho Code, or which is 

operating pursuant to interim status granted under section 3005(c) of 

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) Placement in the owner or operator's landfill will not present a risk of 

contamination of any existing or potential 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 

of ignitibility, shall not be used for dust suppression or road treatment. 

(4) The board shall have authority to prohibit: 

(a) Land disposal of any hazardous waste; and 

(b) Storage of any 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 owner or operator of the facility 

Of site rather than the builder shall be responsible for obtaining the permit. 

Permits may contam such conditions necessary to protect human 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 stHtc 
9 HA7..ARDOUS WASTE MA.'1AGEMENT 39-4409 

program is authorized by the administrator of that 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 of existing units and lateral expansions of existing 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 

terms and conditions for issuing permits to the 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) Education and training qualifications ofpersonnel at the facilities and 


sites; 


(c) Contractual commitment or consent to each facility or site from atl 


holders of interests in the real property committed to that facility or site; 


ldl Monetary assurances in such form and amount as are necessary for 


effective management, maintenance, and monitoring of the 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 pursuant to it and improvements in technology. Pennits issued 

to hazardous waste facilities and sites by the department prior to the 

effective date of this chapter shall be reissued to conform with 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 of this prOVIsion shall be reissued 

to conform with this provision. 
394409 HEALTH AND SAFETY 10 

(6) Any permit issued under this section may be revoked by the director 

pursuant to the provisions of section 394413. Idaho Code, if the 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 of the 

rules and regulations promulgated under this section, if, in the judgment of 

the director, application of the requirements would cause unreasonable 

hardship and the granting of a 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 of the department may issue a research, development 

and demonstration permit for any hazardous waste treatment technology 

or process for which permit standards for 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 of the facility for not longer than one (1) year (unless renewed 

as provided below); and 

2. Provide for the receipt and treatment by the facility of only those 

types and quantities of hazardous waste which the director deems 

necessary for purposes of determining the efficiency and performance 

capabilities of the 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 of information to the director with respect to 

the operation of the facility. 

Ib) The director may apply the criteria sel forth in paragraph (a) of this 

subsection in establishing the conditions of each permit without separate 

establishment of regulations implementing such criteria. 

Ie) For the purpose of expediting review and issuance of permits under 

this subsection, the director may. consistent with the protection of human 

health and the environment, modify or waive permit application and 

permit issuance reqUirements established in the general permit regulations except that thl're may be no modification or waiver of regulations 

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 appear to 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 of subsection (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 in the Srst sentence in §§ 39-4413, 39-4426, 39·4427. of subsection an, ;nserted "issued!' 

39-4410. Transportation of hazardous waste. - (1) The board shall 

promulgate hazardous waste transportation rules and regulations to control 

the intrastate and interstate transportation offederally regulated types and 

quantities ofhazardous waste, The rules and regulations shall be consistent 

with the rules and regulations issued by the United States department of 

transportation and the United States environmental protection agency. The 

rules and regulations 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 with the commission and endeavor to develop mutually acceptable transportation rules and 

regulations, If mutually 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 of the state's hazardous waste 

management program. Rules and regulations so promulgated by the board 

shall prevail over conllicting rules and regulations of the commission, 

(2) The hazardous waste transportation rules and regulations shall apply 

to all transporters of federally regulated types and quantities of hazardous 

waste generated either by themselves or by others. These rules and 

regulations shall apply to any movement of a regulated quantity of hazardous 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 of hazardous wastes: 

(b) Standards for the handling and placarding of hazardous 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 of the shipment and a copy be retained by 


the transporter for a minimum of three {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. If an 

improperly documented shipment ofhazardous waste arrives 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 of its 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 Idaho Transportation Board and Idaho Trans39-4417B, 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 of S,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 Sectjon 586 of S.L. 1987, ch. 265 provided 

Section 4 of this 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 remaining proviSIOns ofthis act CroBs ref. Motor Camer Act. §§ 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 of records and reports: 


Ie) The taking of samples and the performing of tests and of analyses: 


I d I The use of approved monitoring methods and techniques; 


I e I The installation, calibration, use, and maintenance of monitoring 


equipment; and 

13 HAZARDOUS WASTE MANAGEMENT 39·4411 

(0 The provision of relevant information to the department. 

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

under section 39·4407, Idaho Code, and the rules required under section 

39-4405, Idaho Code, and subsection (1) of this section, the generation, 

transportation, treatment, storage, or disposal of a hazardous waste in this 

state by any person without reporting such activity to the department as 

required by the rules issued pursuant to subsection (1) of this 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 of each calendar 

year submit a written annual report to the department including the 

following infonnation: 

(a) The types and quantities of hazardous wastes generated; 

(b) The types and quantities of such wastes shipped for treatment and 

disposal by landfilling or other means of disposal; 

(e) The types and quantities of such wastes remaining in storage at the 

end of the reporting period; 

(d) Whether such wastes are destined for disposal or treatment in this 

state or whether such wastes are destined for disposal or treatment 

outside this state. 

(5) Effective January 1, 1996, the operator of each commercial hazardous 

waste disposal facility or site in the state shall, no later than thirty (30) days 

after the end of each 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 of wastes received which were generated in other states. 

(6) Prior to March 1 of each 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 of such 

wastes shipped for treatment and disposal by landfilling or other means of 

disposal, the types and quantities ofsuch wastes remaining in storage at the 

end of the most recent reporting period and the types and quantities of 

hazardous waste generated outside this state and shipped into this 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 of S.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 of S L 1990. c11. 213 1$ compiled emergency Approved Mar-ch 19, 1998 

., § 39· ,393. SectlOn 2 of S 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 
39-4412 HEALTH AND SAFETY 14 

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 

searches conducted under the authority ofthis chapter shall be performed in 

conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United 

States and article I, section 17. of the constitution of the state of Idaho. The 

state shall not, under the authority granted by this chapter, conduct 

warrantless administrative searches of private properly in the absence of 

either consent from the property owner or occupier or exigent circumstances 

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 or have been generated, transported, treated, stored, or disposed of to 

inspect and to secure samples of such wastes, their containers. and their 

labels; 

(b) Enter into any aircraft, vehicle, vessel. rail car, trailer, van, or other 

means of conveyance where hazardous wastes are or have 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 of conveyance, where 

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

transportation, treatment, storage, or disposal of hazardous wastes exist 

to inspect and copy such documents. 

(3) Upon request by an authorized agent of a property owner or facility 

operator, the department shall provide the property owner Or facility 

operator with a receipt for samples taken and a copy of sample analysis. 

Duplicate samples shall similarly be provided upon request If the requesting 

party agrees to have the samples analyzed and to share the results of the 

analysis with the department. 

(4) The right of entry of a duly authorized state employee or representative shall not be subject to the waiver of any potential tort liability of the 

facility owner or operator, The right of entry of a 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 of information by the department or the transmission of information from tbe 

contractor to the department or the United States environmental 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 cause for issuance of the warrant or the existence ofa reasonable 

program of inspection, (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 of the 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 of any provision of this chapter or 

any permit. standard, regulation, condition, requirement, compliance agreement or order issued or promulgated pursuant to this chapter, one or more 

of the following actions may be taken: 

(1) ADMINISTRATNE ENFORCEMENT ACTIONS. 

(a) Notice. The director may commence an administrative enforcement 

action by issuing a written notice ofviolation. The notice of violation shall 

identify the alleged violation with specificity, shall specify each provision 

of the 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 of receipt of the 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 department within fifteen (15) days of the receipt of 

notice, the recipient shall be entitled to a compliance conference, The 

conference shall be held within twenty (201 days of the date of receipt 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) of fl1is section. 

(c) Compliance Conference, The compliance conference shall provide an 

opportunity for the recipient of a notice of violation to explain the 

circumstances of the alleged 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 order may include a provision for payment of any 

agreed civil penalty. 

(d) Effect ofGon.ent Order A consent order shall be effective immediately 

upon signmg by both parties and shall preclude any civil enforcement 

action for the same alleged violation, If a 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 relief as 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 HEALTH AND SAFETY 16 

receipt of the notice of violation, or if the recipient does not request a 

compliance conference pursuant to subsection (Al( IJ(b) of this 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. The director may revoke or temporarily suspend the pennit 

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

in suhsection (6) of section 39·4409, Idaho Code. 

A violation that is shown to have OCCUlTed as the result of an unforeseeable act of God despite a pennitted patty's reasonable efforts to comply 

with all applicable legal requirements shall not be grounds for a suspension or revocation. 

(b) Notice of Hearing. 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 shall inform the permitted party of facts 

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) of this section shall apply to proceedings initiated 

under this subsection. Revocation or suspension of a permit shall become 

final fifteen (15) days after delivery of the notice of intent to revoke or 

suspend unless the permitted party requests a hearing. 

(c) Administrative Hearing Provisions. 

(i) Upon a timely request by a permit holder for a hearing to review the 

director's action under subsection (A)(Z)(b) of this section, the director 

shall promptly conduct a hearing open to the public. The contested case 

provisions of the 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 of witnesses and the production before the 

director of papers, books, drawings, documents, test results, and other 

evidence relevant to a permit suspension or revocation investigation or 

adjudication. 

(iii) After the hearing, the director shall issue a written opinion setting 

forth findings of fact, conclusions of law and an order. An aggrieved 

person subject to the director's order may seek its review as a final order 

in a district court as prOVided by the Idaho administrative procedure 

act. District court review of the director'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, consent order, 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 of this chapter or with any rule, regulation, permit or order 

promulgated hereunder, and for any relief or 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 of the county where a civil enforcement action may 

arise. 

(B) ACTIONS AGAINST GUARANTORS. If the owner or operator is in 

bankruptcy, reorganization or other arrangement pursuant to the federal 

bankruptcy code, or where jurisdiction cannot be obtained over an owner or 

operator likely to be solvent at the time of judgment, an action may be 

brought directly against a guarantor of financial responsibility by the state 

or any injured party for any claim arising from conduct for which guarantees of financial 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's notes. The federal bankruptcy Sectton 2 of S,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 of S.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 of complying with the provisions 

of this chapter shall be liable for a civil penalty not to exceed ten thousand 

doHars 1$10,000) for each separate violation or for each day of a continuing vio1ation, 

,b 1 Any person who violates this chapter or any permit. standard. 

regulation. condition. requirement. compliance agreement, or order ISsued 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 of the violation, good faith efforts to comply with 
39-4414 HEALTH AND SAFETY 18 

the law, and an enforceable commitment by the person against whom the 

penalty is directed to implement Ii supplemental environmental project. 

For purposes ofthis section, "supplemental environmental project" means 

a project which the person is not otherwise required to perfonn and which 

prevents pollution, reduces the amount of pollutants reaching the environment, contributes to public awareness of environmental matters, or 

enhances the quality of the environment. In evaluating a particular 

supplemental environmental project proposal, preference may be given to 

those projects with an environmental benefit, which relates to the 

violation or the objectives ofthe underlying statute which was violated, or 

which enhances the quality of the environment in the general geographic 

location where the violation occurred. 

(2) ASSESSMENT OF COSTS. Any person who violates this chapter or 

any permit, standard, regulation, condition, requirement, compliance agree· 

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 of the violation; 


(b) The state's costs, including the reasonable value ofattorneys' services, 


for preparing and litigating the case; 


Ic) The state's costs for mitigating, removing, correcting or terminating 


adverse effects upon soil, air, or water quality resulting from the violation; 


(d) The state's costs for impounding, storing, and disposing of contami­


nated property: 


(e) Compensation for damages to publicly held resources including but 


not limited to, land, water, recreational uses, wildlife, fish and aquatic life 


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 of trial preparation and trial of the 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 of the case; 


Ih) The imposition or computation of costs may take into account the 


seriousness of the violation and good faith efforts to comply with the law. 


(3) RESTRAINING ORDERS, INJUNCTIONS AND OTHER RELIEF. 


I a I Any person who violates any provision of this 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 of this 

chapter or any standard, regulation, condition, requirement, compliance 

agreement, or order issued or promulgated pursuant to this chapter. 

(4) PAYMENT TO HAZARDOUS WASTE EMERGENCY ACCOUNT. 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 

emergency account created by section 39-4417, Idaho Code. [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 constituting misdemeanors. - (1) Any person 

who knowingly makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, 

maintained or used for the purpose of complying with the provisions of this 

chapter shall be guilty of a misdemeanor and subject to a fine of not 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 each day of a continuing 

violation. 

(2) Any person who knowingly violates any provision of this chapter or 

any pennit, standard, regulation, condition, requirement, compliance agreement, or order issued or promulgated pursuant to this chapter shall be 

guilty of a misdemeanor and subject to a fine of not 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 of a continuing violation. 

(3) An action may be commenced and prosecuted by the attorney general. 

The director shall not be 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 that person's own behalf against any person alleged to have 

committed the violation. A person commencing an action under this section 

shall be required to file a bond or equivalent security in an amount not less 

than one thousand dollars ($1,000, or In conformance with the requirements 

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

sought. 

(2) No action may be commenced under subsection (ll of this sechon ifthe 

department has commenced and is diligently prosecuting an administrative, 

CIvil, or criminal action to require compliance with the law Further, no 

action may be commenced under subsectIOn II i of this sectIOn unless the 
39·4417 HEALTH AND SAFETY 20 

plaintiff has given the department sixty (60) days' notice and substantial 

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

if the department commences an action in a court of the state of Idaho, any 

interested person may intervene as provided in rule 24{a) ofthe Idaho Rules 

of Civil Procedure. 

(3) In any action under this section, the department may intervene as a 

matter of right. 

(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) Nothing in this section shall restrict any right which a person, or class 

of persons, may have under any other statute or the common law. [I.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 of S.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 of departmental 

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. or mitigating any threat to the public health or safety, or to the 

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) of this 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 of the 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 on 
21 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 of S.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 of county 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. Interstate cooperation, ... The director shall have the power 

and the duty to encourage cooperative activities between the department 

and other states for the improved management ofhazardous wastes. and 80 

far aa is practical, to provide for uniform state regulations and for interstate 

agreements relating to hazardous waste management. The state may enter 

into such agreements with other states to accomplish the purposes as set out 

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 the employment testifies, provides information or otherwise assists 

in the enforcement or administration of the provisions of this chapter, 

(2) Any employer who knowingly violates the provisions of subsection (1) 

of this section shall be liable for damages. costs and attorneys' fees. in 

addition to any other liability for relief authorized by this chapter. by any' 

other statute, or by the common law. [I.C., § 39-4420, as added by 1983. ch. 

154, § 1, p. 416,1 

39·4421. Good samaritan protection. - (1) Notwithstanding any 

provision oflaw to the contrary, no person who provides assistance or advice 

in nlitigating or attempting to mitigate the effects ofan actual or threatened 

leakage, seepage, or other release of hazardous waste, or in preventing, 

cleaning up, or disposing of or in attempting to prevent, clean up or dispose 

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) of this 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 other release 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 of any 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 ofthis act are hereby declared 

to be severable and if any provision of this act or the application of such 

provision to any person or circumstance is declared invalid for any reason, 

such declaration shall not affect the validity of remaining portions of this 

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 of law 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) of this section, if, in the judgment of the director, application 

of the requirements would cause undue hardship and the granting of the 

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) The goal of managing hazardous wastes in an appropriate manner in 

the first instsnce; and 

(c) The persistence, 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 of treatment. if any, which substantially diminish the 

toxicity ofthe waste or substantially reduce the likelihood of migration of 

hazardous constituents from the wasta so that short·term and long.tarm 

threats to human health and the environment are minimized. 

(b) If such 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) of this section and may be disposed of in a land disposal 

facility which meets the requirements ofthis chapter. [I.C., § 39·4423. as 

added by 1986, ch, 324, § 2, p. 794.1 

Compiler'. note•• Section 1 of S.L 1966. 

ch. 324 IS comp.le<! as § 39·4403 
( 

) 


23 HAZARDOUS WASTE MA.\1AGEMENT 39-4427 

39-4424. Disposal of manifested waste. - Manifested waste, 88 that 

term is defined in section 39-4403, Idaho Code, shall only be treated, stored 

of disposed of in this state at a permitted hazardous waste treatment, 

storage or disposal facility unless the burning of such manifested waste to 

proouce heat is otherwise lawful. [I.C., § 39·4424, as added by 1989, ch. 253, 

§ 2, p. 626.] 

Compiler'. Dole.. Se<:tion I of S.L. 1989, 

rh. 253 is compiled u f 39-4403, 

Section 3 of S.L. 1989, eh. 253 declared an 

emergency. Approved March 29, 1989. 

394425. [Reserved.) 

394426. Appointment of inspectors. - (1) The department of environmental 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 of the 

health and safety of the public by monitoring the receipt and handling of 

hazardous wastes which have been transported by common carrier. 

(2) All employees of the department designated pursuant to subsection 

(1) of this section shall alert proper authorities or peace officers regarding 

violations pursuant to this chapter, violations pursuant to title 49, Idaho 

Code, and violations to any rules issued pursuant to section 67-2901A, Idaho 

Code. 

(3) All actions brought for violations of the provisions of this chapter or 

rules promulgated pursuant thereto shall be brought as provided for in this 

chapter. All actions brought for violations of the provisions oftitle 49, Idaho 

Code, shall be brought as provided in that title. !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 of S.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 of S.L. 1988. eh 265 after January 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 of every commercial hazardous waste disposal facility or 

site permitted under section 39-4409. Idaho Code. the lowest applicable fee 

for each ton of waste or fraction thereof. as follows: 

(a) Thirty dollars ($30.00) per gate ton or fraction thereof for 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; 
39-4427 HEALTH AND SAFETY 24 

(e) Twenty dollars ($20.00) per gate ton or fraction thereof for the first 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 if the 

wastes: (i) are PCBs regulated under Idaho or federal law and are in 

concentrations greater than fifty (50) parts per million; (ii) are hazardous 

debris; (iii) are hazardous wastes that become subject to regulation solely 

as a result of a 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 

contained in paragraph (c) ofthis subseetion, ifthe wastes 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 thereof for 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 of the 

United States: or (iii) are PCBs in concentrations less than fifty (50) parte 

per million and not otherwise regulated by Idaho or federal law; or (iv) are 

wastes not otherwise defined in this subsection. 

(2) The fees set forth in subsection (1) ofthis section shall not apply to any 

of the following types of wastes: 

(a) Wastes generated or disposed of by a public agency or other person 

operating a household hazardous waste collection program; 

(b) Wastes generated or disposed of by any agency of the state of Idaho. 

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 thereof for the characterization, collection, 

identification, transportation, treatment, storage and disposal of wastes at 

such facility or site. [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 of S.L. 2002, cb. 354. UI compiled a. ! 39·5909, 

394427A. [Amended and Redesignated.! 

Compiler'. notea. Former § 39-4427A This section was formerly complIed 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 waste as defined by 40 CFR section 

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 of ha;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 of two 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 to an annual fee of seven 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 of the 

any generator generating wute during calen~ director of the department, an inability to pay 

dar year 1998, there is imposed a generator all or a portion of the fee, 

fee to be remitted to the department of health "(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 

department ofhealth and welfare no later than thirty (30) days after the end 

of calendar 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 of the director of the department, an 

inability to pay all or a portion of the fee. II.C. § 39·4427C, as added by 

1998, ch. 229, § 3, p. 778.) 

Compiler's note8. Se<:tion 8 of S.L 1998. Sec, to 8~. ref. This section 15 referred to 

ch 229 declared an emergency. Approved 1fl S 39·4427D 

March 20. 1998 
39·44270 HEALTH AND SAFETY 26 

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) of those sections. 

(2) For purposes of this 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 of S.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 monthly installments by the owner, agent, employee, or operator 

ofsuch hazardous waste facility or site and remittance shall be made to the 

Idaho department of environmental quality on or before the fifteenth day of 

the month next succeeding the end of the 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 of the month, 

shall make out a return, upon sueh forms setting forth such information as 

the department may require, showing the amount of the fee for which the 

owner or operator of the 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 may relieve any person or class of persons from the 

obligation of filing monthly returns and may require the return to cover 

other reporting periods. but in no event shall returns be 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 of S,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 of S,L, 1998, ch 229 dedared an In § 39-4427. 

39-4429. Books and records to be preserved - Entry and inspection by department ofenvironmental quality. - Every person or entity 

subject to the imposition oftne fees specified in section 39·4427, Idaho Code, 

shall keep complete and accurate records, including itemized invoices and 

manifests for federally regulated types and quantities of hazardous 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 of at least 

five (5) years from the date afthe records or the date of the entries appearing 

in the records, unlpss the department in writmg, authorized their destruction or disposal at an earher date. For purposes of this chapter, at any time 
27 HAZARDOUS WASTE MA.'1AGEMENT 39-4431 

during usual business hours. the department or duly authorized agents or 

employees. may enter any place of business of the owner OT operator of a 

hazardous waste facility or site where hazardous wastes are disposed and 

inspect the premises. the records required to be kept under this chapter. and 

the hazardous wastes or other chemicals contained therein. to determine 

whether or not all the applicable provisions ofsections 39-4427 and 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. If the department. or any of its authorized agents or 

employees is unreasonably denied free access or is unreasonably hindered or 

interfered with in making the examination of a hazardous waste facility or 

site, that hindrance or interference shall constitute grounds ror suspension 

or revocation ofthe facility or site's permit by the director ofthe department 

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 of S.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 water should not be cOMidered to be a "chem­ as § 39·443l. ical." Moosman v. ldaho Hone Raang Section a of S.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 and 63-3077, Idaho Code, as they now exist or as they may 

be subsequently amended. shall apply in the same manner and to the same 

extent to this act as to the Idaho income tax act and shall cover such 

additions. penalties and reqlrirements and shall. for this purpose, be 

described and be 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 of environmental quality for the enforcement of the 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. 
39-4432 HEALTH AND SAFETY 28

(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 seizure or sale ofhis property, or in any suit for refund or to recover 

an overpayment, but only the state ofldaho shall be responsible for any final 

judgment secured against the department of environmental quality and 

said judgment shall be paid or satisfied out of the general fund of the 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" of S.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 50 of S,L. 2001. eh. 103 are 

Seetion 2 of S.L. 1997, ch. 313 i. compiled compiled as §§ 39-4429 and 39-5803. r ..pee· 

as § 39·4427, tively. 

39-4432. Distribution ofcommercial disposal 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 to be distributed periodically 

but no less frequently than quarterly as follows: 

(1) An amount equal to ninety-five percent (95%) shall be remitted to the 

general fund of the state; and 

(2) An amount equal to the remaining live percent (5%) shall be remitted 

to the county treasurer ofthe county or counties where the activity occurred 

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 of S.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 of S.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 of d!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<: 

( 

) 

~