1988
 

CUMULATIVE
 

POCKET SUPPLEMENT
 

IDAHO CODE
 

Compiled Under the Supervision of the
 

Idaho Code Commission
 

PHILLIP M. BARBER
 

WILLIS E. SULLIVAN JESS B. HAWLEY, JR.
 

COMMISSIONERS
 

VOLUME 7A
 

For your convenience in reporting any errors in these supplements or suggested improvements or additions you will find 

postpaid cards in the back of the 1988 Replacement Index 

Volumes. 

Place this supplement in the pocket of the corresponding volume 

of the set 

COPYRIGHT © 1986, 1989;T988 

~/

r All Rights Reserved 

By 

THE MICHIE COMPANY 

Law Publishers 

CHARLOTrESVILLE, VIRCINIA 
13 

• t. ., 

t ' , .


AFETY 76 

.at state are transported into this' 

may certify personnel to inspect 

laches. If the director shall then 

77 HAZARDOUS WASTE MANAGEMENT 39-4403 

"advice 

Where 

and 

plaintiff 

disclosures" 

was challenging 

and the "level 

only 

of inthe section applies only to challenges regarding G

whether the patient consented to the furnishformed awareness," he was only required to ing of medical care, not to challenges to the overcome an ordinary presumption as to the sufficiency of the advice and disclosures and 

j
 rds of this state, the product shall 

'isignia for said modular building 

sufficiency of consent, Rook v. Trout, - Idaho the level of informed awareness. Rook v. -, 747 P.2d 61 (1987). . Trout, - Idaho -, 747 P.2d 61 (1987). 

added by 1975, ch. 180, §2, p. Convincing Proof. J The "convincing proof' requirement of this I

i

j

I 

I

I

I

I

u 

f 

ction 30 of S.L. 1988, ch. 264 provided 

the act should take effect on and after 

iary I, 1989. 

39-4306. Responsibility for consent and documentation thereof. 

Hospital. tal has no responsibility for consent. Keyser 

Since the responsibility for informed con­ v. St. Mary's Hosp., 662 F. Supp. 191 (D. 

sent regarding health care is statutorily Idaho 1987). 

placed upon the physician or dentist, a hospiCHAPTER 44 

ENT HAZARDOUS WASTE MANAGEMENT 

SECTION. SECTION.
 

39·4403. Definitions. 39-4411. Records - Reporting - Monitor­


39·4404. Consistency with federal law. ing.
 

39-4405. Rules and regulations in general. 39-4413. Enforcement procedures.
 

39·4408. Unauthorized treatment, storage, 39-4417B. Hazardous waste training, emer­


release, use or disposal of haz­ gency and monitoring acardous waste prohibited. count. 

39-4409. Permit requirements for hazard­ 39-4423.· Disposal of restricted hazardous ous waste treatment, storage, wastes prohibited. ) judgment as a matter of law. Rook v. 

- Idaho -, 747 P.2d 61 (1987). 

ises. 

; section sets forth two alternative "de. 

., which may be asserted by health care 

ers in informed consent cases. The first 

or disposal facilities. 39-4426. Appointment of health inspectors 

39-4410. Transportation of hazardous waste [Effective until January I, 

[Effective 

1989). 

until January I, 1989). c


39-4426. Appointment of health inspectors 

39-4410. Transportation of hazardous waste [Effective January 1, 1989). 

[Effective January 1, 1989). e provided by this section is a codifica­ 
 f the "material information" patient- ,


I. standard of disclosure; the second t 39-4401. Short title.

i
 is found in the second sentence of this 

. grounds the level of disclosure in the Sec. to sec. ref. This chapter is referred to cisting standard of medical care pracn the community. Rook v. Trout, _ 

-, 747 P.2d 61 (1987). 

in § 49-2508. 

nsibility of Hospital. 

.: the responsibility for informed conegarding health care is statutorily 

upon the physician or dentist, a hospino responsibility for consent. Keyser 

Mary's Hosp., 662 F. Supp, 191 (D. 

1987). 

.tes that the advice and level of in.
 

awareness are only "presumed sum­


To challenge this, the plaintiff need
 

ablish by convincing proof that the
 

was secured maliciously or by fraud.
 

. Trout, - Idaho -, 747 P.2d 61
 

39-4403. Definitions. - As used in this chapter: 

(1) "Board" means the Idaho board of health and welfare. 

(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 offsite by 

generators other than the owner and operator of the facility. 

(3) "Department" means the Idaho department of health and welfare. 

(4) "Director" means the director of the Idaho department of health and 

welfare or the director's authorized agent. 

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

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

that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged.into any waters, including 

ground waters. 

o
 
39-4403 HEALTH AND SAFETY 78 

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

creation of a hazardous waste. 

(7) "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: 

(a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or 

(b) Pose a substantial threat to human health or to the environment if 

improperly treated, stored, disposed of, or managed. Such wastes include, 

but are not limited to, materials which are toxic, corrosive, ignitible, or 

reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in 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 by-product material as defined by the Atomic Energy 

Act of 1954, as amended, 42 U.S.C., Section 2011 et seq. 

(8) "Hazardous waste management" means the systematic control of the 

collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes. 

(9) "Hazardous waste facility or site" means any property, structure, or 

ancillary equipment intended or used for the transportation, treatment, 

storage or disposal of hazardous wastes. 

(10) "Injection" means the subsurface emplacement of free liquids. 

(11) "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste identification coders), and destination of hazardous waste during any transportation from the point of generation to the 

point of treatment, storage or disposal. 

(12) "Person" means any individual, association, partnership, firm, joint 

stock company, trust, estate, political subdivision, public or private corporation, 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. 

(13) "RCRA" means the Resource Conservation and Recovery Act of 

1976 as amended in 1978, 1980 and 1984. 

(14) "Restricted hazardous waste" means either of the following: 

(a) Any hazardous waste which contains any of the following substances, 

in the following concentrations, as determined without considering any 

dilution which may occur, unless the dilution is a normal part of the 

manufacturing process: 

(i) Liquid hazardous wastes containing free cyanides or sulfides at 

concentrations greater than, or equal to, one thousand (1,000) parts per 

million. 

(ii) Liquid hazardous wastes containing any of the following metals or 

elements, or compounds of these metals or elements, at concentrations 

greater than, or equal to, any of the following: 
ETY 78 

, virtue of ownership, manageor allowing to be caused the 

imbination of wastes ofa solid, 

which, because of its quantity, 

.hemical or biological) may: 

1 increase in deaths or an intating reversible illnesses; or 

ealth or to the environment if 

nanaged. Such wastes include, 

e toxic, corrosive, ignitible, or 

itagenic, teratogenic, or carci­

:l or dissolved -material in doials in irrigation return flows 

irces subject to national polluunder the Federal Water PolSection 1251 et seq., or source, 

defined by the Atomic Energy 

.ion 2011 et seq. 

; the systematic control of the 

lent, transportation, process1S any property, structure, or 

ie transportation, treatment, 

placement of free liquids. 

tifying the quantity, composi­

.s), and destination of hazardre point of generation to the 

ation, partnership, firm, joint 

sion, public or private corpoent, agency, or instrumentalized by law as the subject of 

vation and Recovery Act of 

either of the following: 

y of the following substances, 

ned without considering any 

:ion is a normal part of the 

free cyanides or sulfides at 

ne thousand (1,000) parts per 

ny of the following metals or 

. elements, at concentrations 

.lowing: 

79	 HAZARDOUS WASTE MANAGEMENT 39-4403 

Arsenic 500 parts per million 

Cadmium 100 parts per million 

Chromium (VI) 500 parts per million 

Lead 500 parts per million 

Mercury :....... 20 parts per million 

Nickel 134 parts per million 

Selenium 100 parts per million 

Thallium 130 parts per million 

(iii) Liquid hazardous wastes having a pH less than or equal to two (2). 

(iv) Liquid hazardous wastes containing polychlorinated biphenyls at 

concentrations greater than, or equal to, fifty (50) parts per million. 

(v) Hazardous wastes containing halogenated organic compounds in 

total concentration greater than, or equal to, one thousand (1,000) 

milligrams per kilogram. 

(b) A hazardous waste may be classified as a restricted hazardous waste 

by the adoption of rules and regulations by the board, taking into account 

the hazardous wastes banned from land disposal by the U.S. environmen­

. tal protection agency. 

(15) "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. 

(16) "Transportation" means the movement of any hazardous waste to or 

from a hazardous waste facility or site. 

(17) "Transporter" means any person who transports a hazardous waste 

to or from a hazardous waste facility or site. 

(18) "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. . 

(19) "Waste" means any solid, semisolid, liquid or contained gaseous 

material for which no reasonable use or reuse is intended or which is 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.] 

Compiler's notes. This section was 

amended by two 1986 acts which appear to be 

compatible and have been compiled together. 

The amendment by ch. 148, § 1 substituted a 

comma for "and" following "1978" and added 

"and 1984" in the present subdivision (13). 

The amendment by ch. 324, § 1 added the 

present subdivisions (10) and (14) and renumbered former subdivisions (10) to (12) as 

(11) to (13) and (13) to (17) as (15) to (l9). 

Section 2 of S.L. 1986, ch. 148, is compiled 

as § 39-4405. 

Section 2 of S.L. 1986, ch. 324, is compiled 

as	 § 39-4423. 

Sec. to sec. ref. This section is referred to 

I in § 39-4423. 

f 

"

C 

: 

" 
39-4404 HEALTH AND SAFETY 80 

39-4404. Consistency with federal law. - The legislature intends 

that the state of Idaho 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 et seq., and 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 or advantageously set forth in this chapter all the requirements of 

all of the regulations which have been or will be established under RCRA. 

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 and regulations 

which are in substance consistent with RCRA and the federal regulations 

adopted by the administrator of the United States environmental protection agency to implement RCRA. Until such time as the board has promulgated rules and regulations concerning mining and mineral wastes and 

materials under study by the administrator, those wastes and materials 

shall not be considered or defined as hazardous wastes under this chapter; 

provided, however, that spent potliners from primary aluminum reduction, 

or environmental protection agency hazardous waste number K088, shall 

be defined as hazardous waste. Farmers and ranchers who treat, store, or 

dispose of waste pesticides from their operations on lands owned or controlled by them shall not be required by board rules or regulations to do 

anything more than follow the instructions on the pesticide label and triple 

rinse empty containers in accordance with the RCRA regulations of the 

environmental protection agency. The board may not promulgate any rule 

or regulation that would impose conditions or requirements more stringent 

or broader in scope than RCRA and the RCRA regulations of the environmental protection agency. The board may, however, promulgate procedural 

rules and regulations and rules and regulations specifically authorized by 

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

regulations are required by RCRA or the regulations of the environmental 

protection agency; provided that those rules and regulations shall not conflict with this section, other sections of this chapter, RCRA, or the rules and 

regulations of the environmental protection agency. Any rule or regulation 

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

through the administrative process of section 67-5201, Idaho Code, et seq. 

[I.C., § 39-4404, as added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 182, 

§ 1, p. 479; am. 1988, ch. 6, § 1, p. 6; am. 1988, ch. 259, § 1, p. 498.] 

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

amended by two 1988 acts which appear to be the"; and in the sixth sentence of the third 

compatible and have been compiled together. paragraph, inserted "ReRA and." 

The amendment by ch. 6 deleted the second Section 2 of S.L. 1986, ch. 182, declared an 

and third sentences of the third paragraph as emergency. Approved April 1, 1986. 

they appear in the bound volume. The Section 2 of S.L. 1988, ch. 259 is compiled 

amendment by ch. 259, in the first sentence as § 39-4409. 
FETY 80 

aw, - The legislature intends 

a hazardous waste program that 

er hazardous waste control from 

.s amended, 42 U.S.C., Section 

uant thereto, establish complex 

those who generate, transport, 

3. The legislature cannot convechapter all the requirements of 

ill be established under RCRA. 

the legislature desires to avoid 

r conflicting state and federal 

nulgate rules and regulations 

1A and the federal regulations 

1 States environmental protec­

. time as the board has promulning and mineral wastes and 

r, those wastes and materials 

ous wastes under this chapter; 

primary aluminum reduction, 

rus waste number K088, shall 

:i ranchers who treat, store, or 

itions on lands owned or conard rules or regulations to do 

n the pesticide label and triple 

the RCRA regulations of the 

may not promulgate any rule 

r requirements more stringent 

regulations of the environwever, promulgate procedural 

ons specifically authorized by 

showing that those rules and 

ulations of the environmental 

and regulations shall not conapter, RCRA, or the rules and 

gency. Any rule or regulation 

til it is repealed or modified 

1 67-5201, Idaho Code, et seq. 

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

1988, ch. 259, § 1, p. 498.] 

.ird paragraph, inserted "RCRA and 

j in the sixth sentence of the third 

ih, inserted "RCRA and." 

1 2 of S.L. 1986, ch. 182, declared an 

sy. Approved April 1, 1986. 

1 2 of S.L. 1988, ch. 259 is compiled 

4409. 

81 HAZARDOUS WASTE MANAGEMENT 39-4408 

39-4405. Rules and regulations in general. - Pursuant to the procedures established by the Idaho administrative procedures act, chapter 52, 

title 67, Idaho Code, the board shall adopt such rules and regulations 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 and regulations as necessary to regulate persons who produce, burn, distribute, and market fuel 

containing hazardous waste. The rules and regulations promulgated by the 

board shall be a part of this code and shall have the force and effect oflaw. 

Such rules and regulations shall include, 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 and regulations for those who generate, transport, treat, store, 

or dispose of hazardous wastes; 

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

States environmental protection agency and the United States department 

of transportation, for containerization, labeling and manifesting of hazardous wastes; 

(4) Rules and regulations 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 and regulations 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 regulations applicable to 

all owners and operators ofunderground storage tanks, as may be necessary to protect human health and the environment. [I.C., § 39-4405, as 

added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 148, § 2, p. 415.] 

Compiler's notes. Sections 1 and 3 of S.L. 

1986, ch. 148 are compiled as §§ 39·4403 and 

39·4408. 

39·4408. Unauthorized treatment, storage, release, use 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 

A
 

cl
 

,[ 

Ii 

! 

c 
39-4409 HEALTH AND SAFETY 82 

RCRA, unless the owner or operator of the landfill demonstrates to the 

director that: 

(a) The only reasonable alternative is placement in a landfill or unlined 

surface impoundment which contains or may contain hazardous waste; 

and 

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

contamination of any existing or potential underground source of drinking water. 

(3) Waste or used oil or other material which is contaminated or mixed 

with any hazardous waste, other than wastes identified solely on the basis 

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

(4) The board shall have authority to prohibit: 

(a) Land disposal of any hazardous waste; and 

(b) Storage of any 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, ch. 154, § 1, p. 

416; am. 1986, ch. 148, § 3, p. 415.] 

Compiler's notes. Section 3005(c) or Section 2 of S.L. 1986, ch. 148 is compiled 

RCRA referred to in this section is compiled as § 39-4405. 

as 42 U.S.C., § 6925(c). 

39-4409. Permit requirements for hazardous waste treatment, 

storage, or disposal facilities. - (1) No person shall construct, operate, 

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

without a permit from the department. The owner or operator of the facility 

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

Permits may contain such conditions necessary to protect human health 

and environment. The board may exempt classes or categories of hazardous 

waste treatment, storage, or disposal facilities from the permit requirement 

if the exemption is in the p'ubl-i~ interest and consistent with RCRA requirements. The fact that a(dasse-V"0:ategory of such facilities is not required to obtain a federal permit-shall be persuasive evidence that an 

exemption is in the public interest. • 

(2) Interim status granted by RCRA or a permit issued by the United 

States environmental protection agency prior to the date that the state 

program is authorized by the administrator of that agency shall be adopted 

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

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

adopt such rules and regulations as necessary to: . 

(a) Allow other facilities to qualify for interim status; 

(b) Require existing interim status surface impoundments, new units, 

replacement of existing units and lateral expansions of existing interim 

status facilities to comply with all regulations which apply to new facilities; and 

(c) Provide for the termination of interim status. 
I 

SAFETY 82 

f the landfill demonstrates to the 

placement in a landfill or unlined 

or may contain hazardous waste; 

r's landfill will not present a risk of
 

ntial underground source of drink11 which is contaminated or mixed
 

.astes identified solely on the basis
 

st suppression or road treatment.
 

:0 prohibit:
 

waste; and
 

ohibited from land disposal, unless
 

.fthe accumulation of such quanti­


sary to facilitate proper recovery,
 

, as added by 1983, ch. 154, § 1, p.
 

Section 2 of S.L. 1986, ch. 148 is compiled 

§ 39-4405. 

. hazardous waste treatment, 

To person shall construct, operate, 

storage, or disposal facility or site 

he owner or operator of the facility 

sponsible for obtaining the permit. 

ecessary to protect human health 

classes or categories of hazardous 

lities from the permit requirement 

st and consistent with RCRA reegory of such facilities is not re­

. be persuasive evidence that an 

or a permit issued by the United. 

prior to the date that the state 

or of that agency shall be adopted 

.erim status or as a state granted 

ew state permit. The board may 

cessary to: 

ir interim status; 

irface impoundments, new units, 

-al expansions of existing interim 

lations which apply to new faciIierim status. 

83 . HAZARDOUS WASTE MANAGEMENT 39-4409 

(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 be limited to: 

(a) Standards and procedures for the safe operation and maintenance of 

the facilities and sites; 

(b) Education and training qualifications of personnel at the facilities 

and sites; 

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

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

(d) 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 RCRA; 

(g) Emergency equipment and emergency response plans appropriate to 

the facilities and sites; 

(h) Public participation in the permitting process consistent with 42 

U.S.C. section 6974(b) . 

(4) Permits shall be issued for a period not to exceed ten (10) years or the 

maximum period allowed under RCRA, whichever is greater. However, 

permits may be reviewed at least every five (5) years and modified as 

necessary to take into account changes in this chapter or regulations promulgated pursuant to it and improvements in technology. Permits 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. 

; ~f) C!."Any permit issued after the effective date of this provision shall re­

; quire 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 time when the waste was placed in such unit. Permits issued from 

November 8, 1985, until the effective date of this provision shall be reissued to conform with this provision. 

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

pursuant to the provisions of section 39-4413, 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 this chapter. 

¥;,(..7) The department may issue a variance from the requirements of the 

niies 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 tothe 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 

01
 

I 

t. 

o
 

o
 
39-4409 HEALTH AND SAFETY 84 

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 permits shall: 

1. Provide for the construction of such facilities, as necessary, and for 

operation of the facility for not longer than one (1) year (unless renewed as provided below); and 

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

types and quantities 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 of such technology 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. 

(b) The director may apply the criteria set forth in paragraph (a) of this 

subsection in establishing the conditions of each permit without separate 

establishment of regulations implementing such criteria. 

(c) 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 there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of applicable public participation procedures. 

(d) The director may renew a research, development and demonstration 

permit which has been issued pursuant to this subsection. The renewal 

term shall be no longer than one (1) year. A permit shall not be renewed 

more than three (3) times. [I.e., § 39-4409, as added by 1983, ch. 154, 

§ 1,p. 416; am. 1986,ch. 148, § 4,p. 415; am. 1987,ch. 102, § 1,p. 204; 

am. 1988, ch. 7, § 1, p. 7; am. 1988, ch. 259, § 2, p. 498.J 

Compiler's notes. This section was The words in parentheses so appeared in 

amended by two 1988 acts which appear to be the law as enacted. 

compatible and have been compiled together. Section 5 of S.L. 1986, ch. 148 is compiled 

The amendment by ch. 7, in the first sentence as § 39-4411. 

of subsection (5), inserted "issued"; and added Sections 1 and 3 of S.L. 1988, ch. 259 are subdivision (8)(d). The amendment by ch. compiled as §§ 39-4404 and 39-4413, respec­ 259, in subdivision (2)(b), inserted "existing tively. interim status surface impoundments"; and Sec. to sec. ref. This section is referred to in the first sentence of subsection (5), in­ in § 39-4413. serted "issued." 
:
 ­ . .". .; 

f-i~

~ETY 84 

an opportunity for public comnay issue a research, developazardous waste treatment techrds for such experimental activpermit shall include such terms 

)f human health and the envifacilities, as necessary, and for 

. than one (1) year (unless re1t by the facility of only those 

j which the director deems neeefficiency and performance camd the effects of such technolthe environment; and 

85 HAZARDOUS WASTE MANAGEMENT 39-4410 

39-4410. Transportation of hazardous waste [Effective until January 1, 1989]. - (1) The board shall promulgate hazardous waste transportation rules and regulations to control the intrastate and interstate transportation of federally regulated types and quantities of hazardous 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 confer 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 4 ,t rector deems necessary to pro­ program. Rules and regulations so promulgated by the board shall prevail 

: (including, but not limited to, over conflicting rules and regulations of the commission. 

eration, insurance' or bonding, (2) The hazardous waste transportation rules and regulations shall apply 

I

! 

I

I 

I

f

I

I

emedial action); and 

'ector deems necessary regard­

\ to the director with respect to 

t forth in paragraph (a) of this 

f each permit without separate 

ng such criteria. 

and issuance of permits under 

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. 

' 

:

OJ I

(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 ship­ !

i

; 

istent with the protection of ments; 

fy or waive permit application (c) A hazardous waste tracking system requiring that:

.hed in the general permit reg­

:iification or waiver of regulaeluding insurance) or of appli­

.veloprnent and 'demonstration 

) this subsection. The renewal 

A permit shall not be renewed 

19, as added by 1983, ch. 154, 

am. 1987,ch. 102, § l,p. 204; 

. 259, § 2, p. 498.] 

vords in parentheses so appeared in . as enacted.
 

in 5 of S.L. 1986, ch. 148 is compiled
 

'-4411.
 

ins 1 and 3 of S.L. 1988, ch. 259 are 

d as §§ 39-4404 and 39-4413, respec­

.0 sec. ref. This section is referred to 

-4413. 

(i) All transporters of federally regulated types and quantities of hazardous waste obtain an identification number from the department, 

the environmental protection agency, or another approved state program, before accepting hazardous waste for transport; 

(ii) All shipments of federally regulated types and quantities of hazardous 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 and/or originator of the shipment and a copy be retained by the 

transporter for a minimum of three (3) years. 

(4) The hazardous waste transportation rules and regulations may provide for special routing of hazardous waste shipments in this state when 

necessary to protect the public health, the public safety, or the environment. 

(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 

c,
 
39·4410 HEALTH AND SAFETY 86 

transporter has obtained a special permit from the Idaho transportation 

department as provided in section 49·2504, Idaho Code. If an improperly 

documented shipment of hazardous 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 department and the 

Idaho department of law enforcement. [I.C., § 39·4410, as added by 1983, 

ch. 154,§ 1,p.416;arn. 1984,ch.205,§ 2,p. 502; am. 1986,ch.231,§ 1,p. 

627.] 

Compiler's notes. For this section as ef· Transportation Department shall be authofective January 1, 1989 see the following sec­ rized to permit any person renewing or purtion also numbered § 39·4410. chasing a vehicle registration on and after 

Section 2 of S.L. 1986, ch. 231, is compiled July 1, 1986, to acquire a vehicle registration as § 39-4417B. endorsement prior to January 1, 1987, and Section 5 of S.L. 1986, ch. 231, read: "An . any receipts therefrom shall be placed in the 

emergency existing therefor, which emer­ Hazardous MateriallHazardous Waste Transgency is hereby declared to exist, Section portation Enforcement Account which is cre­ 49-2512, Idaho Code, which is enacted by Sec­ ated in section 49-2507, Idaho Code, which is tion 4 of this act shall be in full force and enacted by Section 4, of this act and Section effect on and after this act's passage and ap­ 49·2507, Idaho Code, which is enacted by Sec­ proval. The remaining provisions of this act tion 4 of this act shall be in full force and shall be in full force and effect on and after effect on and after July 1, 1986. Approved January 1, 1987; provided, however, that the 

April 3, 1986." Idaho Transportation Board and Idaho 

39-4410. Transportation of hazardous waste [Effective January 1, 

1989]. - (1) The board shall promulgate hazardous waste transportation 

rules and regulations to control the intrastate and interstate transportation of federally regulated types and quantities of hazardous 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 confer 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 conflicting 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; 
it from the Idaho transportation 

)4, Idaho Code. If an improperly 

arrives at a permitted commerwner or operator of the facility or 

ansportation department and the 

C., § 39·4410, as added by 1983, 

, p. 502; am. 1986, ch. 231, § 1, p. 

asportation Department shall be autho­

:I to permit any person renewing or pursing a vehicle registration on and after 

. 1, 1986, to acquire a vehicle registration 

irsernent prior to January I, 1987, and 

receipts therefrom shall be placed in the 

ardous Material/Hazardous Waste Transation Enforcement Account which is erein section 49-2507, Idaho Code, which is 

-ted by Section 4, of this act and Section 

507, Idaho Code, which is enacted by Sec4 of this act shall be in full force and 

t on and after July 1, 1986, Approved 

I 3, 1986," 

.is waste [Effective January 1, 

. hazardous waste transportation 

state and interstate transportantities of hazardous waste. The 

with the rules and regulations 

f transportation and the United 

I'he rules and regulations shall 

lations of the Idaho public utili­

'ould impair the primacy or the 

management program. In that 

iission and endeavor to develop 

md regulations. If mutually acveloped, the board shall promulthat minimize conflict with the 

assuring the primary authority 

., waste management program. 

he board shall prevail over con­

:nission. 

ules and regulations shall apply 

pes and quantities of hazardous 

others. These rules and regula­

.gulated quantity of hazardous 

lity or site. 

-ules and regulations shall prod labeling of hazardous wastes; 

·AFETY 86 87 HAZARDOUS WASTE MANAGEMENT 39-4411 

l 

(b) Standards for the handling and placarding of hazardous waste ship­


ments;
 

(c) A hazardous waste tracking system requiring that: 

(i) All transporters of federally regulated types and quantities of hazardous waste obtain an identification number from the department, 

the environmental protection agency, or another approved state program, before accepting hazardous waste for transport; 

(ii) All shipments of federally regulated types and quantities of hazardous 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 and/or originator of the shipment and a copy be retained by the 

transporter for a minimum of three (3) years. 

(4) The hazardous waste transportation rules and regulations may provide for special routing of hazardous waste shipments in this state when 

necessary to protect the public health, the public safety, or the environment. 

(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 section 49-433, Idaho Code. If an improperly 

documented 

cial hazardous 

shipment 

waste facility 

of hazardous 

or site, 

waste 

the owner 

arrives 

or operator 

at a permitted 

of the facility 

commeror o

site shall immediately notify the Idaho transportation department and the 

Idaho department of law enforcement. [I.C., § 39-4410, as added by 1983, 

ch, 154, § 1,p. 416; am. 1984,ch. 205, § 2,p. 502; am. 1986, ch. 231, § 1,p. 

627; am. 1988, ch. 265, § 568, p. 549.] 

Compiler's notes. For this section as ef­ Section 586 of S,L, 1987, ch. 265 provided 

fective prior to January 1, 1989 see the pre­ that the act should become effective on and 

ceding section also numbered § 39-4410. after January 1, 1989, 

. Sections 567 and 569 of S.L. 1988, ch, 265 

are compiled as §§ 36-1301 and 39-4426, 

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 and regulations relating to records, reporting, and 

monitoring as may be needed to achieve the purposes of this chapter, These 

rules may include, but shall not be limited to, prescribing procedures and 

requirements for: 

(a) The establishment, maintenance, and format of records and reports; 

(b) The submittal of records and reports;
 

(c).The taking of samples and the performing of tests and of analyses;
 

(d) The use of approved monitoring methods and techniques; 

(e) The installation, calibration, use, and maintenance of monitoring
 

equipment; and
 

c·
 
39-4411 HEALTH AND SAFETY 88 

(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 and regulations required 

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

generation, transportation, treatment, storage, or disposal of a hazardous 

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

department as required by the regulations 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 available to the public, unless the director certifies such information must be kept confidential. The director may make such certification 

upon a showing, to the satisfaction of the director, that the information, or 

parts thereof, if made public, would divulge methods, processes, or activities constituting trade secrets. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any 

officer, employee, or authorized representative of the state or the United 

States, as necessary to carry out the provisions of this chapter or the provisions of RCRA. The provisions of this section shall not limit the department's authority to release confidential information during an emergency 

involving hazardous waste, if the director determines that release of the 

information is necessary to safeguard the public interest. 

(4) Each generator shall; at the discretion of the director, no later than 

thirty (30) days after the end of each calendar quarter submit a written 

report to the department including the following information: 

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

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

disposal by landfilling or other means of disposal; 

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

end of the reporting period; 

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

state or whether such wastes are destined for disposal or treatment outside this state. 

(5) The operator of each hazardous waste disposal facility or site in the 

state shall, no later than thirty (30) days after the end of each calendar 

quarter, submit a written report to the department providing information 

on the types and quantities of wastes received which were generated in 

Idaho, and information on the types and quantities of wastes received 

which were generated in other states. 

(6) Prior to December 31 of each year the department shall submit a 

report to the governor and the legislature detailing the types and quantities 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 of such 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 or disposal. [I.C., § 39-4411, as added by 1983, ch. 154, 

§ I, p. 416; am. 1984, ch. 258, § 1, p. 618; am. 1986, ch. 148, § 5, p. 415.] 
I 

; 

!i~';'~ -, 

3AFETY 88 

jon to the department. 

of the criteria and lists specified 

he rules and regulations required 

subsection (1) of this section, the 

orage, or disposal of a hazardous 

ut reporting such activity to the 

, issued pursuant to subsection (1) 

.nent or by agents, contractors, or 

.mder any provisions of this chaps the director certifies such inforector may make such certification 

director, that the information, or 

ige methods, processes, or activiin this subsection shall be connation by the department to any 

.ative of the state or the United 

sions of this chapter or the proviction shall not limit the departiformation during an emergency 

r determines that release of the 

e public interest. .
 

.on of the director, no later than
 

endar quarter submit a written I
 

"allowing information:
 

lOUS wastes generated;
 I 

astes shipped for treatment and 

of disposal; I 

stes remaining in storage at the I 

I 

or disposal or treatment in this ! ed for disposal or treatment out­ ! 

.e disposal facility or site in the 

after the end of each calendar 

partrnent providing information 

eived which were generated in 

:. quantities of wastes received 

the department shall submit a 

detailing the types and quantitate, the types and quantities of 

isposal by landfilling or other 

is of such wastes remaining in 

rting period and the types and 

tside this state and shipped into 

4411, as added by 1983, ch. 154, 

am. 1986, ch. 148, § 5, p. 415.] 

89 HAZARDOUS WASTE MANAGEMENT 39-4413 

Compiler's notes. Sections 4 and 6 of S.L. 

1986, ch. 148 are compiled as §§ 39·4409 and 

39-4413. 

39-4413. Enforcement procedures. - (A) 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) ADMINISTRATIVE ENFORCEMENT ACTIONS. 

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

action by issuing a written notice of violation. 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 response 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 viola­


tion 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 (20) days of the date of receipt of
 

notice, unless a later date is agreed upon between the parties. If a compli­


ance conference is not requested, the director may proceed with a civil
 

(c) 

enforcement 

Compliance 

action 

Conference. 

as provided 

The compliance 

in subsection 

conference 

(3) of this 

shall 

section.
 

provide an c

opportunity for the recipient of a notice of violation to explain the circum­ ., 

. , stances 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 of Consent Order. A consent order shall be effective immedi­


ately upon signing by both parties and shall preclude any civil enforce­


ment 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.
 

(e) Failure to Reach Agreement on Consent Order. Ifthe parties cannot
 

reach agreement on a consent order within sixty (60) days after the
 

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

compliance conference pursuant to subsection (A)(I)(b) of this section, the
 

director may commence and prosecute a civil enforcement action in dis­


trict 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 permit 
39-4413 HEALTH AND SAFETY 90 

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

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

A violation that is shown to have occurred as the result of an unforeseeable act of God despite a permitted party'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 may commence a permit suspension 

or revocation action by giving a permitted party a written notice of intent 

to suspend or revoke. The notice shall inform the permitted party offacts 

or conduct which warrant suspension or revocation of the permit. 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)(2)(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 

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 general may commence and 
#~ • -, • ",. " 

.~ . 

AFETY 90 

oursuant to the grounds provided
 

.daho Code.
 

zurred as the result of an unfore­


party's reasonable efforts to comrents shall not be grounds for a 

y commence a permit suspension 

ed party a written notice of intent 

iform the permitted party of facts 

or revocation of the permit. The 

.s for contested cases contained in 

. chapter 52, title 67, Idaho Code, 

shall apply to proceedings initior suspension of a permit shall 

.livery of the notice of intent to 

ed party requests a hearing. 

it holder for a hearing to review 

(A)(2)(b) of this section, the direcopen to the public. The contested 

ative procedure act shall apply to 

ubsection, 

ority to request from the district 

her appropriate district court the 

;1 subpoena compelling the atteni the production before the direcrents, test results, and other evi­

-n or revocation investigation or 

hall issue a written opinion setns of law and an order. An ags order may seek its review as a 

ded by the Idaho administrative 

If the director's decision shall be 

re the director. 

The attorney general may com1 civil enforcement action. Civil 

.d and prosecuted in the district 

e alleged violation occurred, and 

o is alleged to have violated any 

egulation, permit, condition, reh has become effective pursuant 

.ught to compel compliance with 

. rule, regulation, permit or order 

ef or remedies authorized in this 

tired to initiate or prosecute an 

ley general may commence and 

I 91 HAZARDOUS WASTE MANAGEMENT 39-4417B 

prosecute a civil enforcement action. In addition, the attorney general
 

I
 

I

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 n

all rights and defenses which would have been available to the owner or E . r

operator and all rights and defenses normally available to the guarantor. 

(C) LIMITATION OF ACTION FOR ADMINISTRATIVE AND CIVIL 

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 after the director had knowledge or ought 

reasonably to have had knowledge of the violation. [I.C., §. 39-4413, as 

added by 1983, ch. 154, § 1, p. 416; am. 1986, ch. 148, § 6, p. 415; am. 1988, 

ch. 259, § 3, p. 498.] 

Compiler's notes. The federal bankruptcy Section 2 of S.L. 1988, ch. 259 is compiled 

code referred to in subsection (B) of this sec- as § 39-4409. 

tion is compiled as 11 U.S.C., § 101 et seq. 

as 

Section 

§ 39-4411. 

5 of S.L. 1986, ch. 148 is compiled o

39-4417B. Hazardous waste training, emergency and monitoring 

account. - (1) There is hereby created an account in the dedicated fund in 

the state treasury to be designated the hazardous waste training, emergency and monitoring account. 

(2) The account shall consist of: 

(a) Moneys appropriated to the account; 

(b) Moneys as provided in section 39-4432, Idaho Code; 

(c) Donations, gifts and grants from any source; and 

(d) Any other moneys which may hereafter be provided by law. 

(3) Moneys in the account may be appropriated for any or all of the 

following purposes: 

(a) Acquisition of property and equipment by the department of health 

and welfare to analyze, monitor, contain, collect or dispose of hazardous 

wastes; 

(b) Employment of or contracting with necessary personnel to analyze, 

monitor, contain, collect or dispose of hazardous wastes; or 

(c) Employment of individuals or contracting with individuals or corporations to respond throughout the state to health and environmental 

problems which may be caused by hazardous waste emergencies or spills, 

improperly packaged or handled hazardous waste or the alleviation of 

c 
93 39-4423 HEALTH AND SAFETY . 92

damages to the people and environment of the state of Idaho caused by 

such emergencies or spills. 

(d) Taking removal or remedial action relating to hazardous wastes 

which the department deems necessary to prevent, minimize or mitigate 

damage to the public health and welfare or the environment. [LC., 

§ 39-4417B, as added by 1984, ch. 205, § 3, p. 502; am. 1986, ch. 231, § 2, 

p. 627.] 

Compiler's notes. Sections 1 and 3 of S.L.
 

1986, ch. 231 are compiled as §§ 39-4410 and
 

39-4426, respectively.
 

39-4423. Disposal of restricted hazardous wastes prohibited. - (1) 

Notwithstanding any other provision oflaw to the contrary, no person shall 

discharge, deposit, inject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or on any land or 

water at a commercial hazardous waste facility or site. 

(2) The 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 interest or inconsistent with 

RCRA requirements. In issuing the variance, the director shall take into 

account: 

(a) The long-term uncertainties associated with land disposal; 

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

the first instance; and 

(c) The persistence, toxicity, mobility, and propensity to bioaccumulate 

of such hazardous wastes and their hazardous constituents. 

(3) (a) The board shall promulgate rules and regulations specifying 

those levels or methods of treatment, if any, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of 

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

and long-term threats to human health and the environment are minimized. 

(b) If such restricted hazardous waste 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.e., § 39-4423, as 

added by 1986, ch. 324, § 2, p. 794.] 

Compiler's notes. Section 1 of S.L. 1986, 

ch. 324 is compiled as § 39-4403. 

39-4426. Appointment of health inspectors [Effective until January 1, 1989J. - (1) The department of health and welfare 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 t 

recei 

com! 

(2: 

subs 

depa 

regu 

Idah 

49, I 

port! 

men 

secti 

ploy, 

utili 

the 

(3 

(1) 0 

viols 

Cod( 

rule: 

secti 

Al 

and 

for i 

title 

in tr 

198f 

Co' 

fectiv 

tion , 

3S 

198~

nun; 

or si 

whe: 

prot, 

and 

carr: 

(2 

SUbE 

de pc 

regu 

Idah 

49,1 

port, 

men 

sect: 
SAFETY 92 

ent of the state of Idaho caused by 

ion relating to hazardous wastes 

'y to prevent, minimize or mitigate 

-elfare or the environment. [I.C., I 

. § 3, p. 502; am. 1986, ch. 231, § 2, t 

l 

! 

.ardous wastes prohibited. - (1) 

aw to the contrary, no person shall 

ak, or place any restricted hazardIdaho Code, into or on any land or 

e facility or site. 

nce from the requirements of subnent of the director, application of 

rardship and the granting of the 

ublic interest or inconsistent with 

iance, the director shall take into 

.iated with land disposal; 

astes in an appropriate manner in 

and propensity to bioaccumulate 

nazardous constituents. 

rules and regulations specifying 

if any, which substantially dimin­

.antially reduce the likelihood of 

rom the waste so that short-term 

h and the environment are minihas been treated to the level or by 

imulgatsd under this subsection, 

It be subject to the prohibition in 

be disposed of in a land disposal 

if this chapter. [I.C., § 39-4423, as 

spectors [Effective until Januiealth and welfare shall assign a 

»ment to inspect hazardous waste 

39-4409, Idaho Code, and located 

te occurs/or the purpose of assur- . 

93 HAZARDOUS WASTE MANAGEMENT 39-4426 

ing 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) The employees of the department of health and welfare designated in
 

subsection (1) of this section shall be agents of the Idaho transportation
 

department and the public utilities commission for the purpose of collecting
 

regulatory and registration fees pursuant to sections 61-811 and 61-812,
 

Idaho Code, and for collecting fees and permits pursuant to chapter 1, title
 

. 49, Idaho Code, which fees have not otherwise been lawfully paid by transporters to the public utilities commission, the Idaho transportation department or a county assessor in this state and for issuing permits pursuant to 

section 49-2504, Idaho Code. All moneys collected by the department's employees as agents of the Idaho transportation department and the public 

utilities commission shall be remitted to the state treasurer for deposit in 

the proper account as provided by law. 

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

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

violations pursuant to this chapter, violations pursuant to title 61, Idaho
 

Code, and violations pursuant to title 49, Idaho Code, and violations to any
 

rules and regulations issued pursuant to any of the aforementioned code
 

sections.
 

All actions brought for violations of the provisions of this chapter or rules
 

and regulations promulgated pursuant thereto shall be brought as provided
 

for in this chapter. All actions brought forviolations of the provisions of
 

title 61, Idaho Code, or of title 49, Idaho Code, shall be brought as provided
 o 

in those titles. [I.C., § 39-4426, as added by 1984, ch. 205, § 4, p. 502; am.
 

1986, ch. 231, § 3, p. 627.]
 

Compiler's notes. For this section as ef­ Sections 2 and 4 of S.L. 1986, ch. 231 are
 

fective January 1, 1989 see the following sec­ compiled as §§ 39-4417B and 44-2501 ­


tion also numbered § 39-4426. 44-2515, respectively.
 

39-4426. Appointment of health inspectors [Effective January 1,
 

1989]. - (1) The department of health and welfare 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) The employees of the department of health and welfare designated in
 

subsection (1) of this section shall be agents of the Idaho transportation
 

department and the public utilities commission for the purpose of collecting
 

regulatory and registration fees pursuant to sections 61-811 and 61-812,
 

Idaho Code; and for collecting fees and permits pursuant to chapter 4, title
 

49, Idaho Code, which fees have not otherwise been lawfully paid by trans­


porters to the public utilities commission, the Idaho transportation depart­


ment or a county assessor in this state and for issuing permits pursuant to
 

section 49-22202 [49-2202], Idaho Code. All moneys collected by the departo
 

, ., 

c' 
39-4502 HEALTH AND SAFETY 94 

ment's employees as agents of the Idaho transportation department and the 

public utilities commission shall be remitted to the state treasurer for deposit in the proper account as provided by law. 

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

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

violations pursuant to this chapter, violations pursuant to title 61, Idaho 

Code, and violations pursuant to title 49, Idaho Code, and violations to any 

rules and regulations issued pursuant to any of the aforementioned code . 0 

sectIOns. 

All actions brought for violations of the provisions of this chapter or rules 

and regulations promulgated pursuant thereto shall be brought as provided 

for in this chapter. All actions brought for violations of the provisions of 

title 61, Idaho Code, or of title 49, Idaho Code, shall be brought as provided 

in those titles. [I.C., § 39-4426, as added by 1984, ch. 205, § 4, p. 502; am. 

1986, ch. 231, § 3, p. 627; am. 1988, ch. 265, § 569, p. 549.] 

Compiler's notes. For the version of this Sections 568 and 570 of S.L. 1988, ch. 265 

section as effective prior to January I, 1989 are compiled as §§ 39-4410 and 40-701. 

see the preceding section also numbered Section 586 of S.L. 1987, ch. 265 provided 

§ 39-4426. that the act should become effective on and 

The bracketed reference "49-2202" in after January 1, 1989. subection (2) was inserted by the compiler. 

CHAPTER 45 

NATURAL DEATH ACT 

SECTION. SECTION. 

39·4502. Statement of policy. 39-4506. Revocation. 

39-4503. Definitions. 39-4507. Execution of directive. 

39-4504. Living will. 39-4508. Immunity. 

39-4505. Durable power of attorney for 39-4509. General provisions. 

health care. 

39-4502. Statement of policy. - The legislature finds that adult persons have the fundamental right to control the decisions relating to the 

rendering of their medical care, including the decision to have life sustaining procedures withheld or withdrawn. 

The legislature further finds that modern medical technology has made 

possible the artificial prolongation of human life beyond natural limits. 

The legislature further finds that patients are sometimes unable to express their desire to withhold or withdraw such artificial life prolongation 

procedures which provide nothing medically necessary or beneficial to the 

patient because of the patient's inability to communicate with the physician. 

In recognition of the dignity and privacy which patients have a right to 

expect, the legislature hereby declares that the laws of this state shall 

recognize the right of a competent person to have his wishes for medical 

treatment and for the withdrawal of artificial life sustaining procedures 

carried out even though that person is no longer able to communicate with 

the physician. 

,

f

. 
• IDAHO CODE 

CONTAINING THE 

GENERAL LAWS OF IDAHO
 

ANNOTATED
 

ORIGINALLY PUBLISHED BY AUTHORITY OF 

LAWS 1947, CHAPTER 224 

REPUBLISHED BY AUTHORITY OF 

LAWS 1949, CHAPI'ER 167 AS AMENDED 

• 

Compiled Under the Supervision of the 

Idaho Code Commission 

PHILLIP M. BARBER 

WILLIS E. SULLIVAN JESS B. HAWLEY, JR.

COMMISSIONERS 

VOLUME SEVEN A 

THE MICHIE COMPANY 

Law Publishers 

CHARLOTTESVILLE, VIRGINIA 

•
 
298 

nt is given. 

lidity of any 

dental care, 

.ther form of 

, recited or 

.reatment or 

'm has been 

rt for himself 

proof that it 

ralid for the 

advice and 

. the level of 

oe presumed 

,n thereof. ­

he attending 

on his or her 

or procedure; 

office lay or 

physician, or 

ch consent by 

t in which the 

)f a patient. In 

r dental office 

-ngaged in the 

299 HAZARDOUS WASTE MANAGEMENT 39-4402 

CHAPTER 44 

HAZARDOUS WASTE MANAGEMENT 

SECTION. SECTION. 

39-4401. Short title. 39-4416. CitiZensuits.
 

39-4402. Legislative findings and purposes. 39-4417. Hazardous waste emergency ac­
 39·4403. Definitions.
 count. 

39-4404. Consistency with federal law. 39-4417B. Hazardous waste training, emer­ 39-4405. Rules and regulations in general. gency and monitoring ac­ 39-4406. General powers and duties of di­ count. "r 

rector. ' 39-4418. Local government notice. 39-4407. Identification of hazardous wastes. 39-4419. Interstate cooperation. 39-4408. ' Unauthorized treatment, storage, 39-4420.. Employment security. release, or disposal of hazard­ 39-4421. Good samaritan protection. ous waste prohibited. 39-4422. Severability. 39-4409. Permit requirements for hazard­ .\ 39-4426. Appointment of health inspectors. ous waste treatment storage, 39-4427. Hazardous waste disposal fee. or disposal facilities. 

39-4428. Collection of fees - Returns. 39-4410. Transportation of hazardous 

waste. 39-4429. Books and records to be preserved 

39-4411. Records - Reporting 

- Entry and inspection by - Monitoring. department of health and wel39-4412. Inspections - Right of entry. fare. 

39-4413. Enforcement procedures. 39-4430. Additions and penalties. 

39-4414. Remedies. 39-4431. Collection and enforcement. 

39-4415. Violations' constituting misde­ 39-4432. Distribution of hazardous waste 

meanors. disposal fee revenues. 

39-4401. Short title. - This 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.] 

Compiler's notes. The words "this act" 

o

refer to S.L. 1983, ch. 154, § 1 which is 

compiled as §§ 39-4401 through 39-4422. 

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
 

threatened when hazardous wastes are not managed in an environment­


ally 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
 

available; and'
 

(d) That the problem of proper management of hazardous waste' has
 

become a matter of great statewide concern.
 

(2) Therefore, it is hereby declared that the purposes of this act are:
 

(a), To protect the public health and safety, the health of living
 

organisms, and the environment from the effects of the improper,
 

inadequate, or unsound management of hazardous waste;
 

o
 
39-4403 HEALTH AND SAFETY 300 

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

the time they are generated through transportation, treatment, storage, 

and disposal; and, 

(c) To assure the safe and adequate -rnanagement of hazardous wastes. 

within the state. [I.C., § 39-4402, as lidded by 1983, ch. 154, § 1, p. 416.]' 

Compiler's notes. For words "this act," "- Applicability of zoning regulations to 

see Compiler's notes, § 39-4401. waste disposal facilities of state or local 

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

wastes into sewer systems. 47 A.L.R.3d 1224. 

39-4403." Definitions. - As used in this chapter: 

(1) "Board" means the Idaho board of health and welfare. 

(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 offsite by 

generators other than the owner and operator of the facility. 

(3) "Department" means the Idaho department of health and welfare. 

(4) "Director" means the director of the Idaho department of health and 

welfare or the director's authorized agent. 

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

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

that such hazardous waste or any constituent thereof may enter the 

environment or be emitted into the air or discharged into any waters, 

including ground waters. 

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

creation of a hazardous waste. 

(7) "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: 

(a) Cause or significantly contribute to an increase in deaths or an 

increase in serious, irreversible or incapacitating reversible illnesses; or 

(b) Pose a substantial threat to human health or to the environment if 

improperly treated, stored, disposed of, or managed. Such wastes include, 

butare not limited to, materials which are toxic, corrosive, ignitible, or 

reactive, or materials which may have mutagenic, teratogenic, or 

carcinogenic properties but do not include solid or dissolved material in 

domestic sewage, or solid or dissolved materials in irrigation return flows 

or 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 by-product material as defined by the Atomic 

Energy Act of 1954, as amended, 42 U.S.C., Section 2011 et seq. 

(8) "Hazardous waste management" means the systematic control of the 

collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes. . 

,
 

lI 
300 

azardous wastes from
 

.n, treatment, storage,
 

t of hazardous wastes 

, 3, ch. 154, § 1, p. 416.] 

.' of zoning regulations to 

facilities of state or local
 

:ities. 59 A.L.R.3d 1244.
 

elfare. 

means any hazardous
 

nt, storage or disposal,
 

e generated offsite by
 

'acility,
 

)f health and welfare.
 

-artment of health and
 

ion, dumping, spilling,
 

1 any land or water so
 

iereof may enter the
 

rged into any waters,
 

of ownership, manage­


ving to be caused the
 

ion of wastes of a solid,
 

'e(:ause of its quantity,
 

r biological) may:
 

ease in deaths or an
 

reversible illnesses; or
 

to the environment if
 

;. Such wastes include,
 

corrosive, ignitible, or
 

renic, teratogenic, or
 

dissolved material in
 

irrigation return flows
 

s subject to national
 

der the Federal Water
 

·ction 1251 et seq., or
 

:iefined by the Atomic
 

2011 et seq.
 

sternatic control of the
 

ansportation, process301 HAZARDOUS WASTE MA-N'AGEMENT 39-4403 

(9) "Hazardous waste facility or site" means any property, structure, or 

ancillary equipment intended or used for the transportation, treatment, 

storage. or disposal of hazardous wastes. 

~l(n, "Manifest" means a form used for identifying the quantity, composition, origin, routing, waste identification codets), and destination- of 

" hazardous waste during any transportation from the point of generation to 

the point of treatment, storage or disposal. I 

(11) "Person" means any individual, association, partnership, firm, joint 

stock company, trust, estate, political subdivision, public or private 

corporation, state or federal governmental department, agency, or instru- ­

mentality, or any other legal entity which is recognized by law as the 

subject of rights and duties. 

(12) "RCRA" means the Resource Conservation and Recovery Act of 

1976 as amended in 1978 and 1980. 

(13) "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. 

(14) "Transportation" means the movement of any hazardous waste to or 

from a hazardous waste facility or site. 

(15) "Transporter" means any person who transports a hazardous waste 

to or from a hazardous waste facility or site. 

(16) "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. 

(17) "Waste" means any solid, semisolid, liquid or contained gaseous 

material for which no reasonable use or reuse is intended or which is 

intended to be discarded. [I.C.,§ 39-4403, as added by 1983, ch. 154, § 1, p. 

416; am. 1984, ch. 205, § 1, p. 502.] 

Compiler's notes. The Resource Conservation and Recovery Act of 1976, referred to 

in subdivision (12) of this section, is compiled as 42U.S.C. § 6901 et seq. 

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

Cross ref. Inspection of hazardous waste 

carriers, §§ 67-2929,67·2930. 

Sec. to sec. ref. This section is referred to 

in §§ 18-3905,67-2929. I 
39-4404 HEALTH AND SAFETY 302 

39-4404. Consistency with federal law. - The legislature intends 

that the state of Idaho 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 

-(?901 et seq., and 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 or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under 

RCRA. 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 and regulations 

which are in substance consistent with federal regulations adopted by the 

administrator of the United States environmental protection agency to 

implement RCRA. The board may not promulgate rules and regulations 

governing activities affected by such federal regulations until at least six 

(6) months after the promulgation of such regulations by the environmental protection agency. The six (6) months' delay shall apply, but not be 

limited, to rules and regulations concerning mining waste, mineral 

processing waste, and all other materials under study by the administrator 

of the environmental protection agency as required by 42 U.S,C. sections 

6982(f) and 6982(p). Until such time as the board has promulgated rules 

and regulations concerning mining and mineral wastes and materials 

under study by the administrator, those wastes and materials shall not be 

considered or defined as hazardous wastes under this chapter. Farmers and 

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

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

board rules or regulations to do anything more than follow the instructions 

on the pesticide label and triple rinse empty containers in accordance with 

the RCRA regulations of the environmental protection agency. The boa~d

may not promulgateany rule or regulation that would impose conditions or 

requirements more stringent or broader in scope than the RCRA regulations of the environmental protection agency. The board may, however, 

promulgate procedural rules and regulations and rules and regulations 

specifically authorized by this chapter or other state statutes without 

showing that those rules and regulations are required by RCRA or the 

regulations of the environmental protection agency; provided that those 

rules and regulations shall not conflict with this section, other sections of 

this chapter, RCRA, or the rules and regulations of the environmental 

protection agency. Any rule or regulation promulgated by the board shall 

be valid until it is repealed or modified through the administrative process 

of section 67-5201, Idaho Code, et seq. [I.C., § 39-4404, as added by 1983, 

ch. 154, § I, p. 416.) 

39-4405. Rules and regulations in general. - Pursuant to the 

procedures established by the Idaho administrative procedures act, chapter 
'ETY 302 

. w. - The legislature intends 

hazardous waste program that 

r hazardous waste control from 

; amended, 42 U.S.C., Section 

ant thereto, establish complex 

hose who generate, transport, 

istes. The legislature cannot 

1 this chapter all the requireen or will be established under 

ipter, the legislature desires to 

ping or COnflicting state and 

.ulgaee rules and regulations 

~al regulations adopted by the 

rmental protection agency to 

.rulgate rules and regulations 

regulations until at least six 

gulations by the environmenielay shall apply, but not be 

ling mining waste, mineral 

ler study by the administrator 

equired by 42 U.S.C. sections 

board has promulgatsd rules 

ineral wastes and materials 

:es and materials shall not be 

der this chapter. Farmers and 

waste pesticides from their 

hem shall not be required by 

'e than follow the instructions 

containers in accordance with 

protection agency. The board 

at would impose conditions or 

cope than the RCRA regulay. The board may, however,
 

s and rules and regulations
 

other state statutes without
 

°e required by RCRA or the
 

agency; provided that those
 

this section, other sections of
 

ations of the environmental
 

rmulgated by the board shall
 

jh the administrative process
 

. 39-4404, as added by 1983, 

neral. - Pursuant to the 

'ative procedures act, chapter 

303 HAZARDOUS WASTE MANAGEMENT 39-4407 

52, title 67, Idaho Code, the board shall adopt such rules and regulations as 

are necessary and feasible for the management of the post generation 

handling, collection, transportation, treatment, storage, and disposal of 

hazardous wastes within the state. The rules. and regulations promulgated 

. by the board shall be a part of this code and shall have the force and effect 

of law. Such rules and regulations shall include, 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 and regulations 'for those who generate, transport, treat, store, 

or dispose of hazardous wastes; 

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

States environmental protection agency and the United States department 

of transportation, for containerization, labeling and manifesting of hazardous wastes; 

(4) Rules and regulations 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 and regulations establishing standards and procedures for the 

training of personnel at generation sites and at hazardous waste facilities 

and sites. [I.C., § 39-4405, as added by 1983, ch. 154, § 1, p. 416.] 

Sec. to sec. ref. This section is referred to 

in § 39-4411. 

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

(1) Shall take all actions not inconsistent with this chapter as are ..
 necessary and feasible to enable the department to assume and continue .:\
 

primacy over hazardous waste management, pursuant to the RCRA as
 

amended, 42.U.S.C., Sections 6901-6987; .
 

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

tl 

, this state; .r 

(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.] 

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. Any waste 

c 
39·4408 HEALTH AND SAFETY 304 

which meets the hazardous waste criteria established by the board shall be
 

considered a hazardous waste regardless of whether or not it is included by
 

the board in a list of hazardous wastes.
 

(2) The board may adopt, and amend from time to time a list or lists of
 

hazardous wastes. The board may, with public notice but without the
 

necessity of a public hearing, list as hazardous any waste or combination of
 

wastes determined to be hazardous by the United States environmental
 

protection agency. [I.C., § 39-4407, as added by 1983, ch. 154, § 1, p. 416.]
 .' 

Sec. to sec. ref. ·This section is referred to
 

in § 39-4411.
 

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

hazardous waste prohibited. - 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. [1.C., 

§ 39·4408, as added by 1983, ch. 154, § 1, p. 416.] 

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 

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

The board may exempt classes or categories of hazardous waste treatment, 

storage, or disposal facilities from the permit requirement if the exemption 

is in the public interest and consistent with RCRA requirements. The fact 

that a class or category of such facilities is not required to obtain a federal 

permit shall be persuasive evidence that an exemption is in the public 

interest. Interim status granted by RCRA or a permit issued by the United 

States environmental protection agency prior to the date that the state 

program is authorized by the administrator of that agency shall be adopted 

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

permit until the department issues a new state permit. 

(2) 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 be limited to: 

(a) Standards and procedures for the safe operation and maintenance of
 

the facilities and sites;
 

(b) Education and training qualifications of personnel at the facilities
 

and sites;
 

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

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

(d) 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;
 
. ., . 

i:' . 

.. . '.'. . 

304 

board shall be 

: is included by 

l list or lists of 

It without the 

combination of 

environmental 

4, § 1, p. 416.] 

-r disposal of 

'ore haZardous 

spill, place, or 

waste, or any 

-partment has 

r the specific 

-ements. [I.C., 

e treatment 

ruct, operate, 

acility or site 

of the facility 

g the permit. 

:e treatment, 

ie exemption 

nts, The fact 

ain a federal 

"1 the public '.. the United 

at the state 

I be adopted 

:ate granted 

ilishing the 

cilities and 

limited to: 

ntenance of 

ie facilities 

te from all 

lity or site; 

cessary for 

cilities and' 

:(r\ ('V 305 HAZARDOUS WASTE Mfu'lAGEMENT 39-4410 

(e) 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 RCRA;
 

(1) Emergency equipment and emergency response plans appropriate to
 

the facilities and sites;
 

(g) Public participation in the permitting process consistent with 42 

U.S.C. section 6974(b). 

(3) Permits shall be issued for a period not to exceed ten (10) years or the 

maximum period allowed under RCRA, whichever is' greater. Permits 

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

effective date [July 1, 1983] of this chapter shall be reissued to conform 

with the provisions of this chapter and the rules and regulations promulgated under this chapter. 

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

pursuant to the provisions of section 39-4413, 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 this chapter. 

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

Sec. to sec. ref. This section is referred to 

in §§ 39-4426,39-4427. 

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

promulgate hazardous waste transportation rules and regulations to 

control the intrastate and interstate transportation of federally regulated 

types and quantities of hazardous 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 confer 

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 
39-4410 HEALTH AND SAFETY 306 

state's hazardous waste management program. Rules and regulations so 

promulgated by the board shall prevail over conflicting 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 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; 

(c) A hazardous waste tracking system requiring that: 

(i) All transporters of federal regulated types and quantities of 

hazardous waste obtain an identification number from the department, 

the environmental protection agency, or another approved state program, 

before accepting hazardous waste for transport; 

(ii) All shipments of federally regulated types and quantities of 

hazardous 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 and/or originator of the shipment and a copy be retained by the
 

transporter for a minimum of three (3) years.
 

(4) The hazardous waste transportation rules and regulations may 

provide for special routing of hazardous waste shipments in this state when 

necessary to protect the public health, the public safety, or the environment. 

(5) The owner or operator of a motor vehicle or trailer transporting on 

the highways or public roads of this state hazardous waste required to be 

manifested shall be required to purchase a hazardous waste trip permit. 

The permit shall be issued by the Idaho transportation department upon 

the payment of a fee of twenty dollars ($20.00) for each single trip 

movement or transit of the vehicle or trailer between the point of origin 

and destination as set forth in the permit. No permit shall be required for 

transportation of five hundred (500) pounds or less of hazardous waste by a 

generator twenty (20) miles or less to an accumulation site from which the 

hazardous waste will ultimately be transported for final disposal. The 

permit may be in the form of a single trip permit issued pursuant to section 

49-125A, Idaho Code, but shall not be in lieu of any other permits or 

registration required pursuant to title 49, Idaho Code. All moneys collected 

pursuant to this section by the Idaho transportation department shall be 

remitted to the state treasurer for deposit in the hazardous waste training, 

emergency and monitoring account created in section 39-4417B, Idaho 

Code. An amount of money equal to the actual and reasonable cost of 

issuing the hazardous waste trip permit and collecting the moneys 

pursuant thereto as determined by the Idaho transportation department 

I 
.---~

: I.' '.' • • 

:~ . . <' !. ;.. . 

306 

'egulations so 

·s and regulans shall apply 

of hazardous 

:;e rules and 

s to or from a 

lations shall 

dous wastes; 

rdous waste 

uantities of 

department, 

.te program, 

rantities of 

off site be 

hazardous 

ned to the 

ined by the 

tions may 

state when 

e environporting on 

tired to be 

ip permit. 

rentupon 

.ngle trip 

of origin 

quired for 

/aste by a 

.vhich the 

isal, The 

:0 section 

-rmits or 

collected 

shall be 

training, 

3, Idaho 

! cost of 

moneys 

artment 

, 

I 

I 307 HAZARDOUS WASTE MANAGEl\IENT 39-4411 • 

and certified quarterly by the state auditor, shall be transferred from the 

account to the Idaho transportation department. 

(6) No commercial hazardous waste disposal facility or site permitted 

under section 39-4409, Idaho Code, shall receive hazardous waste from a 

motor vehicle or trailer unless the waste is accompanied by a proper 

manifest and the transporter has obtained a special trip permit from the 

Idaho transportation department as provided in subsection (5). If an 

improperly documented shipment of hazardous 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 

department and the Idaho department of health and welfare. [I.C., 

§ 39-4410, as added by 1983, ch. 154, § 1, p. 416; am. 1984, ch. 205, § 2, p. 

502.J 

Compiler's notes. Sections 1 and 3 of S.L. Sec. to sec. ref. This section is referred to 

1984, ch. 205 are compiled as §§ 39-4403 and in §§ 39.4417B.39.4426. 

39-4417B, respectively. 

Cross ref. Motor Carrier Act, §§ 61·801­


61-818.
 

39-4411. Records - Reporting -Monitoring. - (1) Pursuant to the 

provisions of section 3~-4405, Idaho Code, the board shall adopt, and amend 

as necessary, such rules and regulations relating to records, reporting, and 

monitoring as may be needed to achieve the purposes ofthis chapter. These 

rules may include, but shall not be limited to, prescribing procedures and 

requirements for: 

(a) The establishment, maintenance, and format of records and reports; 

(b) The submittal of records and reports; 

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

(d) The use of approved monitoring methods and techniques; 

(e) The installation, calibration, use, and maintenance of monitoring 

equipment; and 

(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 and regulations required 

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

generation, transportation, treatment, storage, or disposal of a hazardous 

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

department as required by the regulations issued pursuant to subsection (1) 

of this section shall be unlawful. !i (3) Information obtained by the department or by agents, contractors, or . other representatives of the department, under the provisions of this 

section and under section 39-4412, Idaho Code, shall be available to the 

public, unless the director certifies such information must be kept 

confidential. The director may make such certification upon a showing, to 

the satisfaction of the director, that the information, or parts thereof, if 

made public, would divulge methods, processes, or activities constituting 

trade secrets. Nothing in this subsection shall be construed as limiting the 

'0 
39-4412 HEALTH AND SAFETY 308 

disclosure of information by the department to any officer, employee, or 

authorized representative of the state or the United States, as necessary to 

carry out the provisions of this chapter or the provisions of RCRA. The 

provisions of this section shall not limit the department's' authority to 

release confidential information during an emergency involving hazardous 

waste, if the director determines that release of the information is 

necessary to safeguard the public interest. 

(4) Each generator shall, at the discretion ofthe director, no later than 

thirty (30) days after the end of each calendar quarter submit a written 

report to the department including the following information: 

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

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

disposal by landfilling or other means of disposal; 

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

end of the reporting period; 

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

state or whether such wastes are destined for disposal or treatment 

outside this state. 

(5) The operator of each hazardous waste disposal facility or site in the 

state shall, no later than thirty (30) days after the end of each calendar 

quarter, submit a written report to the department providing information 

on the types and quantities of wastes received which were generated in 

Idaho, and information on the types and quantities of wastes received 

which were generated in other states. 

(6) Prior to December 31 of each year the department shall submit a 

report to the governor and the legislature detailing the types and 

quantities 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 of such 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 or disposal. H.C., § 39-4411, as added by 

1983, ch. 154, § 1, p. 416; am. 1984, ch. 258, § 1, p. 618.] 

Sec. to sec. ref. This section is referred to . 

in § 39-4429. 

39-4412. Inspections - Right of entry. - (1) All inspections and 

searches conducted under the authority of this chapter shall be performed 

in conformity with the prohibitions against unreasonable searches and 

seizures contained in the fourth amendment to the constitution of the 

United States and article I, section 17, of the constitution of the state of 

Idaho. The state shall not, under the authority granted by this chapter, 

conduct warrantless administrative searches of private property in the 

absence of either consent from the property owner or occupier or exigent 

circumstances such as a public health or environmental emergency. 
::' :~

. . 

:- ... 

~~~. . 

308 

" employee, or 

as necessary to 

of RCRA. The 

s authority to 

ling hazardous 

.nformation is 

. no later. than 

imit a written 

I·, 

:reatment and 

storage at the 

tment in this 

or treatment 

or site in the 

-ach calendar 

information 

. generated in 

stes received 

all submit a 

? types and 

e types and 

.y landfilling 

such' wastes 

-riod and the 

lis state and 

as added by 

-ections and
 

e performed
 

-arches and
 

ition of the
 

the state of
 

lis chapter,
 

erty in the
 

. or exigent
 

lCY· 

309 HAZARDOUS WASTE MANAGEMENT 39-4413 rry (2) For the purposes of developing or enforcing any provision of this 

chapter or any rule or regulation authorized by this chapter, any duly i 

authorized state employee or representative may, upon presentation of 

I 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 I 

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 orpublic.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 

requirements other than those specified in section 39-4411(3), Idaho Code. 

The right of entry of a private contractor working in a representative 

capacity for the department may, however, be 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 the 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 

reasonable cause for issuance of the warrant or the existence of a 

reasonable program of inspection. [I.C., § 39-4412, as added by 1983, ch. 

154, § 1, p. 416.] . 

39-4413. Enforcement procedures. 

- 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, the dirctor 

may commence one or more of the following: 

(1) ADMINISTRATIVE ACTIONS. 

(a) Departmental Negotiated Compliance Proceedings. 

1. Notice. The director may commence a departmental enforcement
 

action by giving a person believed to be in violation of the law a
 
39-4413 HEALTH AND SAFETY 310 

written notice of violation. The notice shall state with reasonable 

specificity the nature of the problem and likely actions which the 

recipient should take to remedy the alleged violation. The notice shall 

also state that a civil perialty could be imposed against the recipient if 

the violation is not remedied within thirty (30) days. The notice shall 

inform the person to whom it is directed of an opportunity to confer 

with the director concerning the alleged violation. The notice may 

require a written response within fifteen (15) days. 

2. Scheduling Compliance Conference. If a recipient of a notice of 

violation contacts the department within fifteen (15) days of the time 

the recipient received the notice, the recipient shall be entitled to a 

compliance conference. The conference shall be held within twenty (20) 

days of the date the notice was delivered to the recipient, unless a later 

date is agreed to. The conference shall be held during normal working 

hours at the local field office of the department's division of environment located closest to the recipient's place of business or at any other 

date, time and location mutually agreeable to the recipient and the 

department. 

3. Compliance Conference. The" compliance conference shall provide an 

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

circumstances of the alleged violation and, where appropriate, to 

present a proposal for future compliance. If the recipient and the 

director agree on a plan to bring the recipient into compliance, they 

may enter into a voluntary compliance agreement formalizing their 

understanding. The compliance agreement may include provisions for 

the payment of state costs associated with the alleged violation and 

monetary assessments in lieu of civil penalties. All funds secured by a 

compliance agreement shall be paid into the hazardous waste emergency account created by section 39-4417, Idaho Code. 

4. Effect of Compliance Agreement. A compliance agreement shall be 

effective immediately upon its being signed. If a party does notcomply 

with the terms of the compliance agreement the director may seek and 

obtain in any appropriate district court specific performance of the 

agreement and such other relief authorized by section 39-4414, Idaho 

Code, as the court considers to be just and reasonable under the 

circumstances. 

(b) Permit Suspension or Revocation Proceedings. 

1. Grounds. The director may revoke or temporarily suspend the 

permit of any hazardous waste facility or site if the permitted party 

fails to meet the requirements of a compliance agreement or if the 

permitted party commits a violation of the law or a permit which: 

(i) Creates or has created a substantial threat to the public health or ., to the environment; or v'

(ii) Is repetitious of prior violations of the same or different 

provisions of the law; or 

(iii) Is allowed to continue or is not corrected within thirty (30) days 

of a notice of violation. 
i
 

310 f,
 311 HAZARDOUS WASTE MANAGEMENT 39-4413 i 

isonable A violation that is shown to have occurred as the result of an J 

rich the J unforeseeable act of God despite a permitted party's reasonable efforts
 

ice shall 

"

t to comply with all applicable legal requirements shall not be grounds
 

for a suspension or revocation.
 :ipient if :> 

! 2. Notice of Hearing. The director may commence a permit suspension ice shall
 

or revocation action by giving a permitted party a written notice of
 :.0 confer , intent to suspend or revoke. The notice shall inform the permitted .ice may 

party of facts or conduct which warrant suspension or revocation of the 

permit. The notice, hearing, and record requirements for contested notice of 

cases contained in the Idaho administrative procedure act, chapter 52, the time 

title 67, Idaho Code, and subsection (l)(c) of this section shall apply to tled to a 

proceedings initiated under this subsection. Revocation or suspension enty (20) of a permit shall become final fifteen (15) days after delivery of the 

ss a later notice of intent to revoke or suspend unless the permitted party working requests a hearing. environ­ 3. Administrative Hearing Provisions. 

.ny other (i) Upon a timely request by a permit holder for a hearing to review and the the director's action under subsection (l)(b) of this section, the 

director shall promptly conduct a hearing open to the public. The 'ovide an contested case provisions of the Idaho administrative procedure act .lain the shall apply to all hearings conducted under this subsection'. 

riate, to (ii) The director shall have the authority to request from the district 

and the court in and for Ada county or any other appropriate district court 

ice, they the issuance of an order in the nature of a subpoena compelling the 

ng their attendance and testimony of witnesses and the production before the 

sions for director of papers, books, drawings, documents, test results,' and 

tion and other evidence relevant to a permit suspension or revocation 

ired by a investigation or adjudication. 

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

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

shall be aggrieved person subject to the director's order may seek its review 

t comply as a final order in a district court as provided by the Idaho 

seek and administrative procedure act. District court review of the director's 

-e of the decision shall be limited to the record developed before the director. 

4, Idaho (2) CIVIL ENFORCEMENT ACTION. The director may commence and 

rder the prosecute in district court a civil enforcement action against any-person 

who is alleged to have violated this chapter or any permit, standard, 

regulation, condition, requirement, compliance agreement, or order which 

.end the has become effective pursuant to this chapter. Such actions may be for 

ed party appropriate relief orreinedies specified in this chapter or any other ..: 

or if the applicable law. The director shall not be required to initiate or prosecute an 

:h: administrative action before commencing and prosecuting a civil action. ., 

iealth or (3) LIMITATION OF ACTION FOR ADMINISTRATIVE AND CIVIL 

COURT PROCEEDINGS BROUGHT UNDER THE PROVISIONS OF 

different THIS CHAPTER. No civil or administrative proceeding may be brought to 

recover for a violation of this chapter or any permit, standard, regulation, 

30) days condition, requirement or order issued or promulgated pursuant to this 

chapter more than two (2) years after the director had knowledge or ought 

p : I 

I 

1/ :0;,, , 
39-4414 HEALTH AND SAFETY 312 

reasonably to have had knowledge of the violation. [I.C., § 39-4413, as 

added by 1983, ch. 154, § 1, p. 416.] 

Sec. to sec. ref. This section is referred to 

in §§ 39-4409, 39-4429. 

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, permit 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 dollars ($10,000) for each separate violation or for each day 

of a continuing violation. 

(b) Any person who violates this chapter or any permit, standard, 

regulation, condition, requirement, compliance agreement, or order 

issued or promulgated pursuant to this chapter shall be liable for a civil 

penalty not to exceed ten thousand dollars ($10,000) for each separate 

violation or for each day of a continuing violation. 

(c) The imposition or computation of monetary penalties may take into 

account the seriousness of the violation and good faith efforts to comply 

with the law. 

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

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

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

assessed for: 

(a) The state's costs for any nonroutine investigations, inspections, 

monitoring, or surveys which lead to evidence of the violation; 

(b) The state's costs, including the reasonable value of attorneys' 

services, for preparing and litigating the case; 

(c) 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 contaminated 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; 

(f) 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; 

(g) Compensation for damages to personal health 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; 
312 

.C., § 39-4413, as 

this section are 

-sentation in any 

other document 

plying with the 

.lty not to exceed 

n or for each day 

srmit, standard, 

ment, or order 

liable for a civil 

r each separate 

s may take into 

fforts to comply 

this chapter or 

lt, compliance 

chapter may be 

5, inspections, 

on; 

of attorneys' 

r terminating 

ing from the 

g of contamineluding but 

and aquatic 

icluding, but 

roperty, and 

!e attorney's 

r reasonable 

ensation for 

es for trial 

osts of trial 

313 HAZARDOUS WASTE MANAGEMENT 39-4416 

(h) 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. 

(a) 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. 

(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. 

Moneys recovered by the department pursuant to subsections (1), (2), and 

(3) of this section and any moneys paid to settle 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, § 1, p. 416; am. 1984, ch. 

157, § 1, p. 383.) 

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 permit, 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 each 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. [l.C., § 39-4415, as added by 1983, ch. 154, 

§ 1, p. 416; am. 1984, ch. 54, § 1, 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 -

··rn
 

'(~ '·D··


·0
 
39-4417 HEALTH AND SAFETY 314 

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

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

section shall be required to file a bond or equivalent security in an amount 

not less than one thousand dollars ($1,000). 

(2) No action may be commenced under subsection (1) of this section if 

the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. 

Further, no action may be commenced under subsection (1) of this section 

unless the 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) of the 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.C., § 39-4416, as added by 1983, ch. 154, § 1, p. 416.) 

39-4417. Hazardous waste emergency account. - (1) There is 

hereby created an account in the agency asset fund 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 ~ourt approved 

settlement, and moneys contributed to the account from other sources. 

(3) Moneys in the account may be used by the director in the case of a 

hazardous waste emergency to pay the necessary costs of preventing, 

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

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 described in subsection (3) of this 

section. All expenditures from the account shall be paid out in warrants 

drawn by the state auditor upon presentation of the proper vouchers. 

(6) Pending use, surplus moneys in the account shall be invested by the 

state treasurer in the same manner as provided under section 67-1210, 

Idaho Code. Interest earned on the investments shall be returned to the 

account. [I.C., § 39-4417, as added by 1983, ch. 154, § 1, p. 416.) 
314 

ged to 

er this 

:nount 

tion if 

minis­

! law. 

ection 

:e and 

ion is 

of the 

1 rule 

easa 

o this 

nable 

-r the 

ite of 

'e the 

on, or 

law. 

re is 

ry to 

it by 

ental 

ered 

oved 

of a 

:ing, 

ir to 

5e of 

-prithis 

mts 

the 

~10,

the 

315 HAZARDOUS WASTE MANAGEMENT 39-4419 

Sec. to sec. ref. This section is referred to
 

in §§ 39-4413 and 39-4414.
 

39-4417B. Hazardous waste training, emergency and monitoring 

account. - (1) There is hereby created an account in the dedicated fund in 

the state treasury to be designated the hazardous waste training, emergency and monitoring account. 

(2) The account shall consist of: 

(a) Moneys appropriated to the account; 

(b) Moneys as provided in sections 39-4410 and 39-4432, Idaho Code; 

(c) Donations, gifts and grants from any source; and 

(d) Any other moneys which may hereafter be provided by law. 

(3) Moneys in the account may be appropriated for any or all of the 

following purposes: 

(a) Acquisition of property and equipment by the department of health 

and welfare to analyze, monitor, contain, collect or dispose of hazardous 

wastes; 

(b) Employment of or contracting with necessary personnel to analyze, 

monitor, contain, collect or dispose of hazardous wastes; or 

(c) Employment of individuals or contracting with individuals or corporations to respond throughout the state to health and environmental 

problems which may be caused by hazardous waste emergencies or spills, 

improperly packaged or handled hazardous waste or the alleviation of 

damages to the people and environment of the state of Idaho caused by 

I such emergencies or spills. 

I (d) Taking removal or remedial action relating to hazardous wastes I which the department deems necessary to prevent, minimize or mitigate 

damage to _the public health and welfare or the environment. [I.C., 

I, § 39-4417B, as added by 1984, ch. 205, § 3, p. 502.] 

Compiler's notes. Sections 2 and 4 of S.L. Sec. to sec. ref. This section is referred to 

1984, ch. 205 are compiled as §§ 39-4410 and in §§ 39-4410,39-4432. 

39-4426, respectively. 

39-4418. Local government notice. - A permit for 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 of 

the county in which the proposed facility or site is to be located. [I.C., 

§ 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 of hazardous wastes, and so 

far as 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.] 

] 
39-4420 HEALTH AND SAFETY 316 

39-4420. Employment security. - (1) No employee of a hazardous 

waste generator, transporter or treatment, storage, or disposal facility or 

site shall be dismissed, suspended, or otherwise discriminated against 

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 liabilty 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.] 

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

provision of law to the contrary, no person who provides assistance or 

advice in mitigating or attempting to mitigate the effects of an actual or 

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

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

up or dispose 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) Whose 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 

(b) Who receives compensation other than reimbursement for out-ofpocket expenses for services in rendering such assistance or advice. 

(3) Nothing in section (1) above shall be construed to limit or otherwise 

affect the liability of any person for damages resulting from such person's 

gross negligence, or from such person's reckless, wanton, or intentional 

misconduct. [I.C., § 39-4421, as added by 1983, ch. 154, § 1, p. 416.] 

39-4422. Severability. - The provisions of this act are hereby declared 

to be severable and if any provision of this act or th~ 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. [I.C., § 39-4422, as added by 1983, ch. 154, § 1, p. 416.] 

Compiler's notes. For words "this act" see 

Compiler's notes, § 39·4401. 

39-4426. Appointment of health inspectors. - (1) The department of 

health and welfare 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. 
--------

I 

316 I 

hazardous 

facility or 

ed against 

lise assists .~

pter, 1. 

r 

section (1) 

s' .fees, in 

sr, by any 

. 1983, ch. 

ding any
 

stance or
 

actual or
 

te, or in
 

nt, clean
 

subject
 

ve shall 

.tual or 

wise be 

out-oferwise
 

arson's
 

itional
 

clared
 

. such
 

ason,
 

f this
 

nt of
 

and
 

1der
 

I of
 

the
 

5 of
 

-

317	 HAZARDOCS \\".-\STE MANAGEMENT 39-4428 

(2) The employees of the department of health and welfare designated in 

subsection	 (1) of this section shall be agents of the Idaho transportation 

,j department and the public utilities commission for the purpose of collecting 

regulatory and registration fees pursuant to sections 61-811 and 61-812, i 

Idaho Code, and for collecting fees and permits pursuant to chapter 1, title i 

, 

49, Idaho Code, which fees have not otherwise been lawfully paid by I'

l,

transporters to the public utilities commission, the Idaho transportation 

i I 

department or a county assessor in this state and for issuing hazardous I; 

waste trip permits pursuant to section 39-4410, Idaho Code. All moneys 

collected by the department's employees as agents of the Idaho transportaI tion department and the public utilities commission shall be remitted to i 

the state treasurer for deposit in the proper account as provided by law. 

(3) All employees of the department designated pursuant to subsection I:i 

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

violations pursuant to this chapter, violations pursuant to title 61, Idaho 

Code, and violations pursuant to title 49, Idaho Code, and violations to any 

rules and regulations issued pursuant to any of the aforementioned code 

sections. 

All actions brought for violations of the provisions of this chapter or rules 

and regulations promulgated pursuant thereto shall be brought as provided 

for in this chapter. AU actions brought for violations of the provisions of 

title 61, Idaho Code, or of title 49, Idaho Code, shall be brought as provided 

in those titles. [I.C., § 39-4426, as added by 1984, ch. 205, § 4, p. 502.] 

Compiler's notes. Section 3 of S.L. 1984, 

ch, 205 is compiled as § 39-4417B. 

39-4427. Hazardous waste disposal fee. -:- On and after July 1, 1984, 

there is imposed on the owner or operator of every commercial hazardous 

waste disposal facility or site permitted under section 39-4409, Idaho Code, 

a fee of twenty dollars ($20.00)per ton, or fraction thereof, on all materials 

disposed of at the facility or site. [I.C., § 39-4427, as added by 1984, ch. 205, 

§ 5, p. 502.) 

Sec. to sec. ref. This section is referred to 

in § 39-4429. 

39-4428. Collection of fees - Returns. - The fees imposed under 

section 39-~427, Idaho Code, shall be due and payable in monthly 

installments by the owner, agent, employee, or operator of such hazardous 

waste facility or site and remittance shall be made to the Idaho department 

of health and welfare 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 such forms setting forth such information as the department 

may require, showing the amount of the fee for which the owner or operator 
39-4429 HEALTH AND SAFETY 318 

ofthe hazardous waste facility or site is liable for the preceding monthly
 

period, and shall sign and transmit the same to the department, together
 

with a remittance for such 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 filed for a period .. greater than three (3) months. [I.e., § 39-4428, as added by 1984, ch, 205, s: 

§ 6, p. 502.] 

39-4429. Books and records to be preserved - Entry and inspec­


tion by department of health and welfare. - Every person or entity
 

subject to the imposition of the 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 a hazardous waste facility or site in Idaho.
 

All books, documents and papers;computer tapes, discs, and other records
 

required to be kept by this section shall be preserved for a period ofat least
 

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

. appearing in the records, unless the department in writing, authorized 

their destruction or disposal at an earlier date. For purposes of this act, at 

any time during usual business hours, the department or duly authorized 

agents or employees, may enter any place of business of the owner or 

operator of a hazardous waste facility or site where hazardous wastes are 

disposed and inspect the premises, the records required to be kept under 

this chapter, and the hazardous wastes or other chemicals contained 

therein, to determine whether or not all the provisions of sections 39-4427 

and 39-4428, Idaho Code, are being fully complied with. Trade secret 

information obtained by the department under the provisions ofthis section 

shall be treated in the same manner as such information obtained under 

section 39-4411, Idaho Code. If the department, or any of its authorized 

agents or employees is unreasonably denied free access or is unreasonably 

hindered or interfered with in making the examination of a hazardous 

waste facility or site, that hindrance or interference shall constitute 

grounds for suspension 'or revocation of the facility or site's permit by the 

director of the department of health and welfare under subsection (b) of 

section 39-4413, Idaho Code. [I.e., § 39-4429, as added by 1984, ch. 205, 

§ 7,p.502.J 

39-4430. Additions and penalties. - The additions, penalties, and
 

requirements provided by the Idaho income tax act, sections 63-3046,
 

63-3075, 63-3076 and 63-3077, Idaho Code, as they now exist or as they
 

may be subsequently amended, shall apply in the same manner and to the
 

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

additions, penalties and requirements and shall, for this purpose, be
 

described and be for acts, omissions, delinquencies, and requirements
 

under this chapter. [I.C., § 39-4430, as added by 1984, ch. 205, § 8, p. 502.]
 
318 

ithly 

ether 

lthe 

.over 

eriod 

205, 

.pecntity 

daho 

oices 

.dous 

laho. 

.ords 

least 

tries 

rized 

.t, at 

rized 

-r or 

; are 

nder 

ined 

-!427 

ecret 

.tion 

nder 

-ized 

ably 

::lous 

.tute 

, the 

o) of 

205, 

and, 

046, 

they 

,the 

5uch 

, be 

ents 

i02.] 

319 HAZARDOUS WASTE MANAGEMENT 39-4432 

39-4431. Collection and enforcement. - (1) Th» collection and 

enforcement procedures available 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 health and welfare for the enforcement of the 

hazardous waste 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 act and wherever liens or any other 

proceedings are defined as income tax liens or proceedings, they shall, 

when applied in enforcement or collection under this act, be described as 

hazardous waste disposal fee liens and proceedings. 

(2) The department of health and' welfare may be made a party 

defendant in any action at law or in equity by any person aggrieved by the 

unlawful seizure or sale of his property, or in any suit for refund or to 

recover an overpayment, but only the state of Idaho shall be responsible for 

any final judgment secured against the department of health and welfare 

and said judgment shall be paid or satisfied out of the hazardous waste 

disposal fee refund account. [I.C., § 39-4431, as added by 1984, ch. 205, § 9, 

p.502.] 

39-4432. Distribution of hazardous waste disposal fee revenues. 

- The revenues received from the 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 as follows: 

(1) An amount of money to maintain the hazardous waste disposal fee 

refund account, which is hereby created, and from which all refunds 

authorized to be paid by this act shall be paid, at a monthly balance of ten 

thousand dollars ($10,000) or at such greater sum as in the opinion of the 

department may be needed to meet reasonable requirements imposed on 

the hazardous waste disposal fee refund 'account. 

(2) The balance remaining with the state treasurer after deducting the 

amounts in (1) above, shall be remitted periodically but no less frequently 

than quarterly, to the hazardous waste training, emergency and monitoring account created in section 39-4417B, Idaho Code. [I.C.,' § 39-4432, as 

added by 1984, ch. 205, § 10, p. 502.] 

Compiler's notes. Section 11 of S.L. 1984. Sec. to sec. ref. This section is referred to 

ch. 205 is compiled as § 67-2929. in § 39-4417B. 

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