# 1988 

# CUMULATIVE 

# POCKETSUPPLEMENT

IDAHO CODE

Compiled Under the Supervision ofthe Idaho Code Commission

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

### COMMISSIONERS

VOLUME 7A

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



### Place this supplement in the pocket ofthe corresponding volume ofthe set

COPYRIGHT © 1986, 1989;T988**~/** 

# r All Rights Reserved 

### By

THE MICHIE COMPANY Law Publishers
CHARLOTrESVILLE, VIRCINIA13 • t. ., 

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AFETY 

### 76

.atstate are transported into this' may certify personnel to inspect laches. Ifthe director shall then 77 HAZARDOUS WASTE MANAGEMENT 39-4403 

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Where plaintiff was challenging only the section applies only to challenges regarding "advice and disclosures" and the "level of inwhetherthe patientconsentedto 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 ofthis state, theproductshall 'isigniafor saidmodularbuilding sufficiency ofconsent, 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 ofthis I i j

I



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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 ofhazardous waste [Effective until January I, [Effective until January I, 1989). 

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1989). 39-4426. Appointment of health inspectors 39-4410. Transportation ofhazardous waste [Effective January 1, 1989). [Effective January 1, 1989). e provided by this section is a codifica­ 

# , f the "material information" patient- I. t 39-4401. Short title. standard of disclosure; the second 

# i is found in the second sentence ofthis

. grounds the level ofdisclosure 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 primarybusiness is thetreatment, 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 ofthe Idaho department ofhealth and welfare or the director's authorized agent. (5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereofmay enter the environmentor be emitted intothe airor discharged.into anywaters, including ground waters. 

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### 78 39-4403 HEALTH AND SAFETY



### (6) "Generator" means anyperson, who by virtue ofownership, management, or control, is responsible for causing or allowing 

### to be caused the creation of a hazardous waste. (7) "Hazardouswaste" means a waste or combinationofwastes of a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or (b) 

### Pose a substantial threat 

### to human health or 

### to the environment if improperlytreated, stored, disposed of, or managed. Such wastesinclude, 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 arepoint sources subjectto nationalpollution 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 ofthe collection, source separation, storage, treatment, transportation, processing, and disposal of hazardous wastes.

(9) "Hazardous waste facility or site" means any property, structure, or ancillary equipment intended or used for the transportation, treatment, storage or disposal of hazardous wastes.

(10) "Injection" means the subsurface emplacement of free liquids. (11) "Manifest" means a form used for identifyingthe quantity, composition, origin, routing, waste identification coders), 

### anddestination ofhazardous 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 ofthefollowing substances, in the following concentrations, as determined without considering any dilution which may occur, unless the dilution is a normal part of the
manufacturing process: (i) 

### Liquid hazardous wastes containing free cyanides or sulfides at concentrationsgreaterthan, or equal to, one thousand (1,000) partsper million. (ii) 

### Liquid hazardous wastes containing any ofthe following metals or elements, or compounds ofthese metals or elements, at concentrations greater than, or equal to, any of the following:ETY 78

, virtue ofownership, manageor allowing to be caused the

imbination ofwastesofasolid, which, because ofits quantity, .hemical or biological) may: 1 increase in deaths or an intating reversible illnesses; or ealth or to the environment if nanaged. Suchwastes include,
e toxic, corrosive, ignitible, or itagenic, teratogenic, or carci­ :l or dissolved-material in doials in irrigation return flows irces subjectto nationalpolluunder the Federal Water PolSection 1251 etseq., or source, defined by the Atomic Energy .ion 2011 et seq. ; the systematic control ofthe lent, transportation, process1S any property, structure, or ie transportation, treatment, placement of free liquids. tifying the quantity, composi­ .s), and destination ofhazardre 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 ofthe following substances, ned without considering any :ion is a normal part of the

free cyanides or sulfides at
ne thousand (1,000) partsper ny of the following metals or

.elements, at concentrations .lowing: 79 HAZARDOUS WASTE MANAGEMENT 39-4403

Arsenic 500 partspermillion Cadmium 100 partspermillion Chromium (VI) 500 partspermillion Lead 500 partspermillion Mercury :....... 20 partspermillion Nickel 134 partspermillion Selenium 100 partspermillion Thallium 130 parts permillion (iii) Liquidhazardouswasteshavinga pH lessthanor equalto 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 restrictedhazardous waste by the adoption ofrules andregulationsby theboard, takingintoaccount the hazardous wastesbannedfrom landdisposal by the U.S. environmen­

. tal protection agency.

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

. disposal of such hazardous wastes. (16) "Transportation"means the movement ofany hazardous wasteto 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 priorto storage
or final disposal so as to neutralize such waste or so as to render suchwaste nonhazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition ofhazardous waste so as to render it nonhazardous.

.

(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 amendedby two 1986 acts which appearto be compatible and have been compiled together. The amendmentby 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

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### 80 39-4404 HEALTH AND SAFETY



### 39-4404. Consistency 

### with federal law. - The legislature intends thatthe state ofIdahoenactandcarryouta hazardous wasteprogramthat will enable the stateto 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, anddispose ofhazardous wastes. The legislaturecannot conveniently or advantageously set forth in this chapter all the requirements of all ofthe regulations which have been or will be established under RCRA. However, by the provisions ofthis chapter, the legislaturedesires 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 haspromulgated rules and regulations concerning mining and mineral wastes and materials under study by the administrator, those wastes and materials shall not be considered or defined as hazardous wastes under this chapter; provided, however, that spentpotliners from primary aluminum reduction,
or environmental protection agency hazardous waste number K088, shall be defined as hazardous waste. Farmers and ranchers who treat, store, or dispose of waste pesticides from their operations on lands owned or controlled by them shall not be required by board rules or regulations to do anythingmore than follow the instructions on thepesticide 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 thatwould impose conditions or requirements more stringent
or broader in scope than RCRA and the RCRA regulations ofthe 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 ofthe environmental protection agency; provided that those rules and regulations shall not conflict withthis section, othersections ofthischapter,RCRA, ortherules and regulations ofthe environmental protection agency. Anyrule 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 actswhich appearto 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 ofS.L. 1986, ch. 182, declared an and third sentences ofthe third paragraph as emergency. Approved April 1, 1986. they appear in the bound volume. The Section 2 ofS.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 wasteprogramthat
er hazardous waste control from

.s amended, 42 U.S.C., Section uant thereto, establish complex those who generate, transport,
3. The legislaturecannot 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 haspromulning 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 thepesticide label andtriple the RCRA regulations of the may not promulgate any rule
r requirements more stringent regulations ofthe environwever, promulgate procedural
ons specifically authorized by showing that those rules and ulations ofthe environmental and regulations shall not conapter, RCRA, or therules and gency. Anyrule 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.

- Pursuantto theprocedures established by the Idaho administrative procedures act, chapter 52, title 67, Idaho Code, theboard shall adopt suchrules andregulations as are necessary and feasible for the management of the generation, collection, transportation, treatment, storage, anddisposal ofhazardouswasteswithin the state. The board shall also adopt such rules and regulations as necessary to regulate persons who produce, burn, distribute, and market fuel containinghazardous waste. The rules andregulationspromulgatedby the board shall be a partofthis 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 ofwhether 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 oftransportation, for containerization, labeling and manifesting ofhazardous wastes; (4) Rules and regulations specifying the terms and conditions under which the department shallissue, modify, suspend, revoke, or deny such permits as shall be required by this chapter; (5) Lists ofthose wastes or combinations ofwasteswhich.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 andcorrection regulations applicableto 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 ordisposal of hazardous waste prohibited.

- (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste, or any constituentthereof, may entertheenvironment, unlessthedepartment 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] ofthis provision, nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409, Idaho Code, or which is. operating pursuant to interim status granted under section 3005(c) of

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# c39-4409 HEALTH AND SAFETY 82
RCRA, unless the owner or operator of the landfill demonstrates to the director that: (a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and (b) Placementin the owneror operator'slandfill will notpresenta riskof contamination ofany existing or potential underground source of drinking water. (3) Waste or used oil or other material which is contaminated or mixed with any hazardous waste, other than wastes identified solely on the basis of ignitibility, shall not be used for dust suppression or road treatment. (4) The board shall have authority to prohibit: (a) Land disposal of any hazardous waste; and (b) Storage ofanyhazardous waste prohibited from land disposal, unless such storage is solely for the purpose ofthe accumulation ofsuch quantities of hazardous waste as are necessary to facilitate proper recovery, treatmentor 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 permitfrom thedepartment. The owneror operator ofthe facility
or siteratherthanthebuilder shallbe responsiblefor obtainingthepermit. Permits may contain such conditions necessary to protect human health andenvironment. The board mayexemptclasses or categories ofhazardous wastetreatment, storage, or disposal facilities from thepermitrequirement 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 administratorofthat agency shallbe adopted by the department as a state granted interim status or as a state granted permit until the department issues a new state permit. The board may adopt such rules and regulations as necessary to: .

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

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SAFETY 82

f the landfill demonstrates to the placement in a landfill or unlined
or may contain hazardous waste;

r's landfillwill notpresenta risk of ntial underground source of drink

### 11 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 ofsuch 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 owneror operatorofthe facility sponsiblefor obtainingthepermit. ecessary to protect human health

classesor categories ofhazardous lities from thepermitrequirement 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 ofthatagency 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 ofinterestsin the real propertycommitted to thatfacility or site; (d) Monetary assurances in such form and amount as are necessary for effective management, maintenance, and monitoringofthefacilities 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 causedby thefacilities and sites; provided, that liability insurance shall not be required in the event that liability insurance is not required by the federal regulations adopted pursuantto 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 issuedfor a period notto exceed ten (10) yearsor 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 promulgatedpursuantto it andimprovements in technology. Permitsissuedto hazardous waste facilities and sites by the departmentpriorto the effective
: date ofthis chapter shall be reissued to conform with the provisions ofthis chapter and the rules and regulations promulgated under this chapter. 

### ;

## ~f) C!."Any permit issued after the effective date ofthis 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 managementunit at thetreatment, storage, or disposal facility seekingthepermit,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 ofsection 39-4413, Idaho Code, ifthe,permitted party fails to comply with the terms and conditions of the permit, this chapter, or the rules and regulations promulgated under this chapter. 

### ¥;,(..7) The department may issue a variance from the requirements ofthe niies andregulationspromulgatedunderthis section, if, in thejudgmentof the director, application of the requirements would cause unreasonable hardship andthe grantingof a variance would not be harmful

## tothepublic interest or inconsistent with RCRA requirements. A variance shall not exceed one (1) year in duration and maybe renewed or extended only after 

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

(8) (a) The director of the department may issue a research, development anddemonstrationpermitfor anyhazardous wastetreatmenttechnology or process for which permitstandardsfor suchexperimental activity havenotbeen promulgated. Any suchpermitshallinclude suchterms and conditions as will assure protection of human health and the environment. Such permits shall: 1. 

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

### year (unless renewed as provided below); and 2. Provide for the receipt and treatment by the facility of only those types and quantities ofhazardous waste which the director deems necessary for purposes ofdetermining the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and 3. Include such requirements as the director deems necessary to protect 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 regardingtesting and providing ofinformation to the director with respect to the operation of the facility. (b) The director may apply the criteria set forth in paragraph (a) ofthis subsection in establishingthe conditions of each permitwithout separate establishment of regulations implementing such criteria. (c) For the purpose of expediting review and issuance ofpermits under this subsection, the director may, consistent with the protection of human health and the environment, modify or waive permit application and permitissuance requirements established in the general permitregulations except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or ofapplicable 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 amendedby 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 amendmentby ch. 7, in thefirst sentence as § 39-4411. ofsubsection (5), inserted "issued"; and added Sections 1 and 3 of S.L. 1988, ch. 259 are subdivision (8)(d). The amendment by ch. compiled as §§ 39-4404 and 39-4413, respec­ 259, in subdivision (2)(b), inserted "existing tively. interim status surface impoundments"; and Sec. to sec. ref. This section is referred to in the first sentence of subsection (5), in­ in § 39-4413. serted "issued."

### :

­ . . ". .;**f-i~ ~ETY**  84

an opportunity for public comnay issue a research, developazardous wastetreatmenttechrds for suchexperimentalactivpermitshallinclude suchterms )fhuman 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. Transportationofhazardouswaste [EffectiveuntilJanuary 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 ofthe 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. (2) The hazardouswastetransportationrules and regulations shall apply eration, insurance'or bonding, 

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I 

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# I emedial action); and 'ector deems necessary regard­ \ to the director with respect to

t forth in paragraph (a) ofthis feach permitwithout separate ng such criteria. and issuance of permits under to all transporters offederally regulatedtypes and quantities ofhazardous waste generatedeitherby 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.

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I (3) The hazardous waste transportation rules and regulations shall provide for but not be limited to: (a) Standards for the containerization and labeling ofhazardous wastes; (b) Standards for the handling and placarding ofhazardous waste ship­ ! i ; istent with the protection of ments; (c) A hazardous waste tracking system requiring that: fy or waive permit application .hed in the general permitreg­ :iification or waiver of regulaeluding insurance) or ofappli­ .veloprnent and 'demonstration )this subsection. The renewal A permit shall notbe 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 offederally 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 hazardouswaste to be shipped offsiteor received from offsitebe accompanied by a manifest or similar form describing the hazardous waste being shipped and its destination; (iii) A copy ofeach manifestor similarform be returnedto the generator and/or originator of the shipment and a copy be retained by the transporter for a minimum of three (3) years. (4) The hazardous waste transportation rules and regulations may 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,

### 86 39·4410 HEALTH AND SAFETY


### transporter has obtained a special permit from the Idaho transportation department as provided in section 49·2504, Idaho Code. If 

### an improperly documented shipment ofhazardous waste arrives at a permitted commercial hazardous waste facility or site, the owner or operator ofthe facility or site shall immediatelynotify 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 HazardousMateriallHazardous Waste Transgency is hereby declared to exist, Section portation Enforcement Account which is cre­ 49-2512,IdahoCode, which is enactedby Sec­ ated in section 49-2507, Idaho Code, which is tion 4 of this act shall be in full force and enacted by Section 4, ofthis act and Section effect on and after this act's passage and ap­ 49·2507, Idaho Code, which is enactedby Sec­ proval. The remaining provisions of this act tion 4 of this act shall be in full force and shall be in full force and effect on and after effect on and after July 1, 1986. Approved January 1, 1987; provided, however, that the April 3, 1986." Idaho Transportation Board and Idaho



### 39-4410. 

### Transportation ofhazardous waste [EffectiveJanuary 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 oftransportation and the United States environmental protection agency. The rules and regulations shall also be consistent with the rules and regulations ofthe Idaho public utilities commission unless such consistency would impair the primacy or the effectiveness ofthe 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. Ifmutually acceptable rules andregulations cannotbe developed, theboard shallpromulgate 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 hazardouswastetransportationrulesandregulations shall apply 

### to all transporters offederally regulated types and quantities ofhazardous waste generated eitherby 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 ofhazardous wastes;it from the Idaho transportation )4, Idaho Code. If an improperly

arrives at a permitted commerwner oroperatorofthe facility or ansportation department and the C., § 39·4410, as added by 1983, , p. 502; am. 1986, ch. 231, § 1, p.

asportation Departmentshall 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 ardousMaterial/HazardousWasteTransation Enforcement Account which is erein section 49-2507, Idaho Code, which is -ted by Section 4, ofthis act and Section 507, Idaho Code, which is enactedby 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. Ifmutually acveloped, theboard shall promulthat minimize conflict with the assuring the primary authority

., waste management program. he board shall prevail over con­ :nission. ules andregulations shall apply pes and quantities ofhazardous others. These rules and regula­ .gulated quantity of hazardous lity or site. -ules and regulations shall prod labeling ofhazardous 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 offsite or received from offsitebe accompanied by a manifest or similar form describing the hazardous waste' being shipped and its destination; (iii) A copy ofeachmanifest or similarform 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 shipment of hazardous waste arrives at a permitted commer

# o
cial hazardous waste facility or site, the owner or operator ofthe 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; 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)Pursuantto the provisions ofsection 39-4405, Idaho Code, theboard shall adopt, and amend
as necessary, such rules and regulations relatingto records, reporting, and monitoring as may be neededto achieve the purposesofthis chapter, These rules may include, but shall not be limited to, prescribing procedures and requirements for: (a) The establishment, maintenance, and format ofrecords 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·88 39-4411 HEALTH AND SAFETY
(0 The provision of relevant information to the department. (2) Sixty (60) days after promulgation ofthe criteria and lists specified under section 39-4407, Idaho Code, and the rules and regulations required under section 39-4405, Idaho Code, and subsection (1) 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 departmentas requiredby theregulationsissuedpursuantto subsection (1) of this section shall be unlawful.

(3) Information obtained by the department or by agents, contractors, or otherrepresentativesofthe department, under anyprovisions ofthis chapter, shall be available to the public, unless the director certifies such informationmustbe keptconfidential. The directormay make such certification upon a showing, to the satisfaction ofthe director, that the information, or parts thereof, ifmade public, would divulge methods, processes, or activities constituting trade secrets. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any officer, employee, or authorized representative of the state or the United States, as necessary to carry outthe provisions ofthis chapteror the provisions of RCRA. The provisions of this section shall not limit the department's authority to release confidential information during an emergency involving hazardous waste, if the director determines that release of the information is necessary to safeguard the public interest. (4) Each generator shall; at the discretion ofthe director, no later than thirty (30) days after the end of each calendar quarter submit a written report to the department including thefollowing information: (a) The types and quantities of hazardous wastes generated; (b) The types and quantities of such wastes shipped for treatment"and disposal by landfilling or other means of disposal; (c) The types and quantities of such wastes remaining in storage at the end of the reporting period; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outside this state. (5) The operator of each hazardous waste disposal facility or site in the state shall, no later than thirty (30) days after the end of each calendar quarter, submit a written report to the department providing information
on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities of wastes received which were generated in other states. (6) Prior to December 31 of each year the department shall submit a report to the governor and the legislature detailing the types and quantities ofhazardous wastes generated in this state, the types and quantitiesof 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 ofhazardous waste generatedoutside this state and shipped into this statefor storageor disposal. [I.C., § 39-4411, as addedby 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

, issuedpursuantto subsection (1)

.nent or by agents, contractors, or .mder any provisions ofthis chaps the director certifies such inforector maymake suchcertification 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 ofthis chapteror the proviction shall not limit the departiformation during an emergency r determines that release of the
e public interest.

. .on ofthe 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 

# ! edfor 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 addedby 1983, ch. 154,
am. 1986, ch. 148, § 5, p. 415.] 89 HAZARDOUS WASTE MANAGEMENT 39-4413
Compiler's notes. Sections 4 and 6 ofS.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 ofany provision ofthis chapter or any permit, standard, regulation, condition, requirement, compliance agreement or order issued or promulgated pursuantto 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 writtenresponsemaybe required withinfifteen (15) daysofreceiptofthe notice of violation by the person to whom it is directed. (b) Scheduling Compliance Conference. Ifa 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 ofthe date ofreceipt of notice, unless a laterdate is agreedupon betweentheparties. Ifa compli­
ance conference is not requested, the director may proceed with a civil enforcement action as provided in subsection (3) of this section. 

# c
(c) Compliance Conference. The compliance conference shall provide an opportunityfor therecipientof a noticeofviolationto explainthe 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. Ifthe 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. Ifa party does not comply with the terms ofthe 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 pursuantto subsection (A)(I)(b) ofthissection, 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 suspendthe permit90 39-4413 HEALTH AND SAFETY

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 actionby givinga permittedparty a writtennotice ofintent to suspendor revoke. Thenotice shall inform the permittedpartyoff acts
or conduct which warrant suspension or revocation of the permit. The notice, hearing, and record requirementsfor contestedcases 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) ofthis section, the director shall promptly conduct a hearing open to the public. The contested
case provisions ofthe Idaho administrativeprocedure actshall applyto all hearings conducted under this subsection. (ii) The director shall have the authority to request from the district court in and for Ada county or any other appropriate district court the issuance of an order in the nature of a subpoena compelling the attendance and testimony ofwitnesses and the production before the director ofpapers, books, drawings, documents, test results, and other evidence relevant to a permit suspension or revocation investigation or adjudication. (iii) After the hearing, 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 anyprovision ofthischapteror with anyrule, regulation,permitor order promulgated hereunder, and for any reliefor remedies authorized in this_ chapter. The director shall not be required to initiate or prosecute an administrative action before the attorney 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 writtennoticeofintent iform thepermittedparty offacts
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) ofthis section, the direcopen to the public. The contested ativeprocedure 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 Ifthe 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, permitor order efor 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 ofthe county where a civil enforcement action may arise. (B) ACTIONS AGAINST GUARANTORS. Ifthe owner or operator is in



## , ! .bankruptcy, reorganization or other arrangement pursuant to the 'federal .bankruptcycode, or wherejurisdictioncannotbe obtained overan owneror operator likely to be solvent at the time ofjudgment, an action may be brought directly against a guarantoroffinancial responsibilityby the state
or any injured party for any claim arising from conduct for which guarantees offinancial responsibility have been made. The guarantormay 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 ofthis 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 addedby 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) ofthis sec- as § 39-4409. tion is compiled as 11 U.S.C., § 101 et seq.

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

# o

as § 39-4411.

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

- (1) There is hereby created an accountin 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 ofhazardous 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 maybe causedby hazardous waste emergencies orspills, improperly packaged or handled hazardous waste or the alleviation of 

# c

### 93 . 92 39-4423 HEALTH AND SAFETY



### damages to the people and environment of the state ofIdaho 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'snotes. Sections 1 and 3 of S.L. 1986, ch. 231 are compiled as §§ 39-4410 and 39-4426, respectively.



### 39-4423. Disposal ofrestrictedhazardouswastesprohibited.- (1) Notwithstandinganyotherprovision oflawto thecontrary, 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) 

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

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

### The goal ofmanaging 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 oftreatment, ifany, 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 meetstherequirements of this 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 ofemployees and equipment to inspect hazardous waste facilities or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal ofhazardous waste occurs for the purpose ofassuring 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 !

.ardouswastesprohibited.

- (1) aw to the contrary, no person shall ak, or place any restricted hazardIdaho Code, into or on anyland or e facility or site. nce from the requirements of subnent ofthe 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, Itbe subject to the prohibition in be disposed of in a land disposal ifthis 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 ofthe health and safety ofthe public by monitoring the receipt and handling ofhazardous wastes which have been transported by
common carrier. (2) The employees ofthe department ofhealth and welfaredesignated in subsection (1) of this section shall be agents of the Idaho transportation department andthepublic utilitiescommissionforthepurpose ofcollecting regulatory and registration fees pursuant to sections 61-811 and 61-812, Idaho Code, and for collecting fees and permits pursuantto chapter 1, title . 49, Idaho Code, which fees have not otherwise been lawfully paidby transporters to the publicutilities 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) ofthis section shall alert proper authorities or peace officers regarding violations pursuant to this chapter, violations pursuant to title 61, Idaho Code, and violationspursuant to title 49, Idaho Code, and violations to any rules and regulations issued pursuantto any of the aforementioned code sections.

All actionsbroughtfor violationsofthe provisions ofthis chapteror rules andregulationspromulgatedpursuanttheretoshall be brought as provided for in this chapter. All actions brought forviolations of the provisions of title 61, Idaho Code, or oftitle 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 ofhealth and welfare shall assign a sufficient number of employeesand equipment to inspect hazardous waste facilities
or sites permitted under section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous waste occurs for the purpose of assuring the protection ofthe health and safety of the public by monitoring the receipt andhandling ofhazardous wastes which havebeen transportedby common carrier. (2) The employees ofthe department ofhealth and welfare designated in subsection (1) of this section shall be agents of the Idaho transportation departmentandthepublic utilitiescommission for thepurpose ofcollecting 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 issuingpermits pursuantto section 49-22202 [49-2202], Idaho Code. All moneys collectedby the depart

# o , 

### .

, 

# c'39-4502 HEALTH AND SAFETY 94

ment'semployees as agents oftheIdahotransportationdepartmentandthe public utilities commission shall be remitted to the state treasurer for deposit in the proper account as provided by law. (3) All employees of the department designated pursuant to subsection (1) ofthis section shall alert proper authorities or peace officers regarding violations pursuant to this chapter, violations pursuant to title 61, Idaho Code, and violations pursuantto title 49, Idaho Code, and violations to any rules and regulations issued pursuant to any of the aforementioned code



### . 0 sec

### tIOns.

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

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 ofpolicy. - The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering oftheir 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 ofthe 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

CONTAININGTHE 

# 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 ofthe Idaho Code Commission

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



### VOLUME SEVEN A

THE MICHIE COMPANY LawPublishers CHARLOTTESVILLE, VIRGINIA 

# •

### 298

nt is given.

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advice and

. the level of

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### 299 HAZARDOUS WASTE MANAGEMENT 39-4402

CHAPTER 44

HAZARDOUS WASTE MANAGEMENT

SECTION. SECTION. 39-4401. Shorttitle. 39-4416. CitiZensuits. 39-4402. Legislative findings and purposes. 39-4417. Hazardous waste emergency ac­ 39·4403. Definitions. count. 39-4404. Consistencywithfederal law. 39-4417B. Hazardous waste training, emer­ 39-4405. Rules and regulations in general. gency and monitoring ac­ 39-4406. General powers and duties of di­ count. "r rector. ' 39-4418. Localgovernmentnotice. 39-4407. Identificationofhazardous wastes. 39-4419. Interstatecooperation. 39-4408. ' Unauthorized treatment, storage, 39-4420

..Employmentsecurity. release, or disposal ofhazard­ 39-4421. Good samaritanprotection. ous wasteprohibited. 39-4422. Severability. 39-4409. Permit requirements for hazard­ 

### .\ 39-4426. Appointment ofhealth 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 39-4429. Books and records to be preserved waste.

- Entry and inspection by 39-4411. Records - Reporting - Monitoring. departmentofhealthand wel39-4412. Inspections

- Rightofentry. fare. 39-4413. Enforcementprocedures. 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 feerevenues.
39-4401. Short title.

- This act may be known and cited as the "HazardousWaste Management Act of 1983." [I.C., § 39-4401, as added by 1983, ch. 154, § 1, p. 416.] 

# o

Compiler's notes. The words "this act" 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 theStateofIdahofinds: (a) That continuing technological progress, increases in manufacturing, and the abatement of air and water pollution have resulted in ever­ increasingquantitiesofhazardouswaste; (b) That the public health and safety, and the environment, are threatened when hazardous wastes are not managedin an environment­ ally soundmanner; (c) That the knowledge andtechnology 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 matterofgreatstatewide 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 unsoundmanagementofhazardouswaste; 

# o39-4403 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 governmentalentities. 59 A.L.R.3d 1244. struction of statutes, ordinances, or regulations controlling discharge of industrial wastesinto sewersystems. 47 A.L.R.3d 1224.

39-4403." Definitions.- As used in thischapter: (1) "Board"meanstheIdahoboardofhealthandwelfare. (2) "Commercial hazardous waste facility or site" means any hazardous

. wastefacility whose primary business is thetreatment, storage or disposal,

for a fee or other consideration, of hazardous'waste generated off site by generatorsotherthanthe ownerand operatorofthefacility. (3) "Department" means the Idaho department of health and welfare. (4) "Director" means the director of the Idaho department ofhealth and welfare or the director's authorized agent. (5) "Disposal" meansthe discharge, deposit, injection, dumping, spilling, leaking or placing ofany hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, includingground waters. (6) "Generator"means any person, who by virtue ofownership, management, or control, is responsible for causing or allowing to be caused the creationof a hazardouswaste. (7) "Hazardouswaste"means a waste or combinationofwastes of a solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentrationor characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitatingreversible illnesses; or (b) Pose a substantial threat to human health or to the environment if improperlytreated, stored, disposed of, or managed. Suchwastes 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 irrigationreturn flows
or industrial discharges which are point sources subject to national pollution discharge elimination system permits underthe 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 EnergyAct of 1954, as amended, 42 U.S.C., Section 2011 et seq. (8) "Hazardous waste management" means the systematic control ofthe collection, source separation, storage, treatment, transportation, processing, anddisposal ofhazardous wastes.

. 

## ,



## lI300

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 ofhealth and
ion, dumping, spilling,

1 any land or water so iereof may enter the rged into any waters,



### ofownership, manage­ ving to be caused the

ion ofwastes of a solid, 'e(:ause ofits quantity,
r biological) may:
ease in deaths or an reversible illnesses; or to the environment if ;. Suchwastesinclude, corrosive, ignitible, or renic, teratogenic, or

dissolved material in irrigationreturn flows
s subject to national der the FederalWater ·ction 1251 et seq., or :iefined bythe Atomic 2011 etseq. sternatic control ofthe 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 disposalofhazardouswastes.**~l(n,** "Manifest"means a form used for identifyingthequantity, composition, origin, routing, waste identification codets), and destination- of 

### " hazardouswaste during any transportation from the point ofgenerationto thepointoftreatment, storageor 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 subjectofrights andduties.

(12) "RCRA" means the Resource Conservation and Recovery Act of 1976 as amendedin 1978and 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 constitutedisposal ofsuchhazardouswastes. (14) "Transportation"meansthe movementofanyhazardouswaste to or from a hazardouswastefacility or site.

(15) "Transporter" means any person who transports a hazardous waste to or from a hazardouswastefacility or site. (16) "Treatment" means any method, technique, or process, including neutralization, which is designed not to be an integral partof a production process, but which is rather designed to change the physical, chemical, or biological character or composition ofany hazardous wasteprior 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 intendedto be discarded. [I.C.,§ 39-4403, as addedby 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) ofthis 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

### 302 39-4404 HEALTH AND SAFETY



### 39-4404. Consistency with federal law. - The legislature intends thatthe state ofIdaho enact and carryout a hazardous waste program that will enable the stateto assume primacy over hazardous waste control from thefederal 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 oftheregulationswhich havebeen or will be establishedunder RCRA. However, by theprovisionsofthischapter, thelegislaturedesires

# to_ avoid the existence of duplicative, overlapping or conflicting state and federal regulatorysystems.

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 othermaterialsunder studybythe 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 underthis 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 

### doanythingmore than followthe 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 orregulation that would impose conditionsor 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

hazardouswasteprogram 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 establishedunder ipter, the legislaturedesiresto 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 bythe 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 derthischapter. Farmersand waste pesticides from their hem shall not be required by 'e thanfollow the instructions containers in accordance with protection agency. The board atwould impose conditionsor 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, IdahoCode, theboardshall adopt suchrules andregulations 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 regulationspromulgated . by theboard shallbe a partofthiscode and shallhave theforce and effect

of law. Such rules and regulations shall include, but not 

### be limited to: (1) Criteria for the determination ofwhether any waste or combination ofwastesis hazardousfor thepurposesofthischapter; (2) .Rules andregulations'for those who generate, transport, treat, store,
or dispose ofhazardouswastes;

(3) Rules and regulations, consistent with those issued by the United States environmental protection agency andthe United States department oftransportation, for containerization, labeling andmanifesting ofhazardous wastes; (4) Rules and regulations specifying the terms and conditions under which the department shall issue, modify, suspend, revoke, or deny such permitsas shallbe requiredby thischapter; (5) Lists of those wastes or combinations of wastes which are not compatible andwhichmaynotbe storedor disposedoftogether; (6) Procedures and requirements for the reporting of the generation, transportation,treatment, storageor disposal ofhazardouswastes; (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 addedby 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 ofhazardous waste management in :t tl , thisstate; .r (3) Shall develop, publish, andrevise 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 impliedfrom the other sections ofthis chapter. [I.C., § 39-4406, as addedby 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 ofwastes is hazardous or nonhazardous, for the purposes of this chapter. Any waste 

# c39·4408 HEALTH AND SAFETY 304


### which meets the hazardous waste criteria established by theboard shall be considered a hazardous waste regardless ofwhetheror not it is includedby theboard in a listofhazardouswastes.

(2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but without the necessity of a publichearing, listas hazardous anywaste 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.- Noperson shall treator 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 constituentthereof, may enterthe environment, unlessthedepartmenthas issued said person a permit or a variance as required for the specific activity involved or exempted the activity from permitrequirements. [1.C., § 

### 39·4408, as addedby 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 permitfrom thedepartment. The owner.or operatorof the facility or site ratherthanthebuildershallberesponsible for obtainingthepermit. The board may exempt classes or categories ofhazardous waste treatment, storage, or disposal facilities from the permitrequirement if the exemption is in the public interest and consistent with RCRA requirements. The fact that a class or category of such facilities is notrequired to obtain a federal permit shall be persuasive evidence that an exemption is in the public interest. Interim status grantedby RCRA or a permitissued by the United States environmental protection agency prior to the date that the state program is authorizedby the administrator ofthatagency shall be adopted by the department as a state granted interim status or as a state granted permituntilthedepartmentissues a new statepermit. (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 andsites; (c) Contractual commitment or consent to each facility or site from all holders ofinterests in the real property committedto thatfacility or site; (d) Monetary assurances in such form and amount as are necessary for effective management, maintenance, and monitoring ofthe facilities and sitesduring and afteroperation;. ., 

### . i:'

.



### ..

. '. '.


### .

304

board shallbe : 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 -partmenthas
r 

### the specific -ements. 

### [I.C.,

e treatment ruct, operate, acility or site ofthefacility gthepermit.
: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 pursuantto 

### theRCRA; (1) 

### Emergency equipment and emergency response plans appropriate to 

### thefacilities andsites; (g) Public participation in the permitting process consistent with 42 U.S.C. section 6974(b). (3) Permits shallbe issued for a period not to exceedten (10)years or the maximum period allowed under RCRA, whichever is' greater. Permits issued to 

### hazardous wastefacilities andsitesbythedepartmentpriorto the effective date [July 1, 1983] of this chapter shall be reissued to 

### conform with the provisions ofthis chapter and the rules and regulations promulgatedunderthischapter. (4) Any permit issued underthis section may be revoked by thedirector, pursuant to 

### the provisions ofsection 39-4413, Idaho Code, if the permitted party fails to comply with the terms and conditions of the permit, this chapter,or therules andregulationspromulgatedunderthischapter. (5) The department may issue a variance from the requirements of the rules and regulations promulgated underthis section, if, in thejudgmentof the director, application of the requirements'would cause unreasonable hardship and the grantingof a variance would not beharmful to the public interest or inconsistent with RCRA requirements. A variance shall not exceed one (1)yearin duration and maybe 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 ofhazardous waste.

- (1) 

### The board shall promulgate hazardous waste transportation rules and regulations to 

### control the intrastate and interstate transportation offederally regulated types and quantities ofhazardous waste. The rules and regulations shall be consistent with the rules and regulations issued by the United states department oftransportation 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 hazardouswastetransportationrulesand.regulationsshallapply to all transporters offederally regulatedtypes andquantities ofhazardous waste generated either by themselves or by others. These rules and regulations shall apply to any movement ofhazardous wastes to or from a hazardouswastefacility or site. (3) The hazardous waste transportation rules and regulations shall provide forbutnot be limitedto: (a) Standards for the containerization and labeling ofhazardous wastes; (b) Standards for the handling and placarding of hazardous waste shipments; (c) Ahazardouswastetrackingsystemrequiringthat:

(i) All transporters of federal regulated types and quantities of hazardous waste obtain an identification number from the department, theenvironmentalprotection agency, or anotherapproved stateprogram, before acceptinghazardouswastefortransport; (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 wastebeingshipped anditsdestination; (iii) A copy of each manifest or similar form be returned to the generator and/ororiginatorofthe shipmentand a copy be retainedbythe transporterfor a minimumofthree (3)years. (4) The hazardous waste transportation rules and regulations may provide for specialroutingofhazardous waste shipments in this statewhen 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 ofthis 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 transportationof five hundred (500)pounds or less ofhazardous wasteby a generatortwenty (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 singletrip permit issued pursuantto section 49-125A, Idaho Code, but shall not be in lieu of any other permits or registrationrequiredpursuantto title 49, Idaho Code. All moneys collected pursuant to this section by the Idaho transportation department shall be remitted to the state treasurerfor 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 shallapply

ofhazardous :;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 inedby the

tions may state when
e environporting on tired 

### to be ip permit. rentupon .ngle trip

oforigin 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 accountto theIdahotransportationdepartment. (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.

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

39-4411. Records

- Reporting-Monitoring.

- (1) Pursuantto the provisions ofsection**3~-4405,** IdahoCode, theboard shall adopt, andamend
as necessary, such rules and regulations relatingto records, reporting, and monitoring asmaybe needed to achieve thepurposes ofthis chapter. These rules may include, but shall not be limited to, prescribing procedures and requirementsfor: (a) The establishment, maintenance, and format of records and reports; (b) The submittal ofrecords andreports; (c) The taking of samples and the performing of tests and of analyses; (d) The use ofapproved monitoringmethods andtechniques; (e) The installation, calibration, use, and maintenance of monitoring equipment; and 

### (0 Theprovision ofrelevantinformationto 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 requiredby theregulations issued pursuantto subsection (1) ofthis section shallbe 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 

# '039-4412 HEALTH AND SAFETY 308



### disclosure of information by the department to any officer, employee, or authorized representative ofthe 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 necessaryto safeguardthepublic 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 reportto thedepartmentincludingthefollowing information: (a) The types andquantitiesofhazardouswastes generated; (b) The types and quantities of such wastes shipped for treatment and disposalby landfillingor othermeans of disposal; (c) The types and quantities of such wastes remaining in storage at the end ofthereportingperiod; (d) Whether such wastes are destined for disposal or treatment in this state or whether such wastes are destined for disposal or treatment outsidethis 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 whichwere generatedin otherstates. (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 ofsuch wastes shipped for treatment and disposal by landfilling
or other means of disposal, the types and quantities of such wastes remainingin storage atthe end ofthe most recentreportingperiod 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 ofthis chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the United States and article I, section 17, of the constitution ofthe state of Idaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consent from the property owner or occupier or exigent circumstancessuch as a publichealthor environmental emergency.::'**:~** . .

:-

### ...**~~~** . .

308

" employee, or
as necessaryto of RCRA. The

s authority to linghazardous 

### .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 appropriatecredentials, atanyreasonabletime: (a) Enter upon any private or public property where hazardous wastes \ are or havebeengenerated, transported, treated, stored, or disposed of to 

### I inspect and to secure samples ofsuch wastes, theircontainers, and their labels; (b) Enter into any aircraft, vehicle, vessel, rail car, trailer, van, or other
means ofconveyance wherehazardouswastes areor havebeen contained to inspect and to secure samples of such wastes, their containers, and theirlabels; (c) Enter any private orpublic.property, or means ofconveyance, where records, reports, information or test results relating to the generation, transportation, treatment, storage, or disposal ofhazardous wastes exist to inspectandcopy suchdocuments. (3) Upon request by an authorized agent of a property owner or facility operator, the department shall provide the property owner or facility operator with a receipt for samples taken and a copy of sample analysis. Duplicate samples shall similarly be provided upon request ifthe requesting party agrees to have the samples analyzed and to share the results of the analysis withthe 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 ofthe facility owner or operator. The right of entry of a duly authorized state or health district employee shall not be subject to any confidentiality requirements other than those specified in section 39-4411(3), Idaho Code. The right of entry of a 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 Statesenvironmentalprotectionagency. (5) Any magistrate or district court judge is authorized to issue an administrative search warrantupon 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 anyperson is in violation ofanyprovision ofthis chapteror any permit, standard, regulation, condition, requirement, compliance agreement or order issued or promulgated pursuant to this chapter, the dirctor maycommence oneor more ofthe following: (1) ADMINISTRATIVE ACTIONS. (a) Departmental NegotiatedComplianceProceedings. 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 againstthe 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 requirea writtenresponsewithinfifteen (15) days. 2. Scheduling Compliance Conference. If a recipient of a notice of violation contacts the department within fifteen (15) days ofthe time the recipient received the notice, the recipient shall be entitled to a compliance conference. The conference shall be held withintwenty (20) days ofthedatethenoticewas deliveredto therecipient, unless a later date is agreed to. The conference shallbe held during normal working hours at the local field office of the department's division ofenvironmentlocated closest to the recipient's place ofbusiness or at any other date, time and location mutually agreeable to the recipient and the department. 3. Compliance Conference. The" compliance conference shallprovide 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 emergencyaccountcreatedby section39-4417, Idaho Code. 4. Effect ofCompliance Agreement. A compliance agreement shall be effective immediately upon itsbeing signed. If a party doesnotcomply with the terms ofthe compliance agreement the director may seek and obtain in any appropriate district court specific performance of the agreement and such other reliefauthorized by section 39-4414, Idaho Code, as the court considers to be just and reasonable under the circumstances. (b) PermitSuspensionor 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 permittedpartycommits a violationofthelaw or a permitwhich: (i) 

### Createsor hascreated a substantialthreatto thepublic health or

., v' 

### to the environment;or (ii) 

### Is repetitious of prior violations of the same or different provisionsofthe law; or (iii) 

### Is allowed to continue or is not corrected within thirty (30) days of a notice ofviolation.i 310 f, 311 HAZARDOUS WASTE MANAGEMENT 39-4413 

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

# 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 suspensionor revocation. :ipient if :> 

# ! 2. Notice ofHearing. The director may commence a permitsuspension 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 partyof facts or conductwhichwarrant suspension or revocation ofthe permit. The notice, hearing, and record requirements for contested notice of cases contained in the Idaho administrative procedure act, chapter52, the time title 67, Idaho Code, and subsection (l)(c) ofthis 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 ssa later notice of intent to revoke or suspend unless the permitted party working requests a hearing. environ­ 3. Administrative HearingProvisions. .ny other (i) Upon a timely requestby a permitholder 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 applyto allhearingsconductedunderthis subsection'. riate, to (ii) The director shallhave the authorityto requestfrom 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 andtestimony ofwitnesses andtheproduction 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 investigationor 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 directorshallnotbe requiredto initiateorprosecute 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 ofthis 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 addedby 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 cumulativeandnonexclusive. (1) 

### MONETARYPENALTIES. (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 ofthis 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 continuingviolation. (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 eachday of a continuingviolation. (c) The imposition or computation of monetary penalties may take into account the seriousness ofthe violation and goodfaith efforts to comply withthe law. (2) ASSESSMENT OF COSTS. Any person who violates this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or orderissued or promulgatedpursuantto thischaptermaybe assessedfor:

(a) The state's costs for any nonroutine investigations, inspections, monitoring, or surveyswhich leadto evidence oftheviolation; (b) The state's costs, including the reasonable value of attorneys' services, for preparingandlitigatingthecase; (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 contaminatedproperty; (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 highestprevioususe; (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 ofthe case, and all other reasonable costs oftrialpreparation and trialofthecase; (g) Compensation for damages to personal health and compensation for court costs allowed by statute, reasonable attorney's fees for trial preparation and trial ofthe case, and all other reasonable costs oftrial preparationandtrialofthecase;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 chaptermaybe

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 seriousnessofthe violation andgoodfaith efforts 

### to comply withthelaw. (3) RESTRAINING ORDERS, INJUNCTIONS AND OTHER RELIEF. (a) Anyperson who violates anyprovision ofthis chapteror anypermit, standard, regulation, condition, requirement, compliance agreement, or orderissuedor promulgatedpursuant

### to thischaptershallbe 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 imminenthazard

### tothe publichealth, the public safety, or 

### to the environment, the departmentneednot allege or prove atanystage of the proceeding that long term irreparable damage will occur should the injunction or ordernotbe issued or thatthe remedy atlawis inadequate

. (b) A receiver may be appointed to oversee or operate any hazardous waste facility or site which is established or operated in violation ofthis chapter or any standard, regulation, condition, requirement, compliance agreement, or orderissuedor promulgatedpursuantto thischapter. (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 proceedinginstituted undersection 39-4413, Idaho Code, shallbe 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 otherdocument filed, maintained or usedfor thepurpose ofcomplyingwith the provisions ofthis '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 continuingviolation. (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 imprisonmentnot to exceed one (1) year, or to both, for each separate violation or for eachday of a continuingviolation. (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 andprosecute 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

### 314 39-4417 HEALTH AND SAFETY


### 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 shallbe required to file a bond or equivalent security in an amount not less thanone thousanddollars ($1,000). (2) No action may be commenced under subsection (1) ofthis 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) 

### ofthis section unless the plaintiffhas given the department sixty (60) days'notice and substantial evidence of the violation upon which the citizens' action is based. However, if the department commences an action in a court ofthe state of Idaho, any interested person may intervene as provided in rule 24(a) oftheIdahoRules of Civil Procedure.

(3) In any action under this section, the department may intervene as a matterofright. (4) When issuing any final order in any action broughtpursuantto 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 suitwhere the statehasbecome a party. (5) Nothing in this section shall restrict any right which a person, or class of persons, may have under any other statute or the common law. [I.C., § 

### 39-4416, as added by 1983, ch. 154, § 

### 1, p. 416.)

39-4417. Hazardous waste emergency account. - (1) There is hereby created an account in the agency assetfund in the statetreasury to be designatedthe hazardouswaste emergency account. (2) The account shall consist of moneys appropriated to the account by the legislature, moneys allotted to the account as a result ofdepartmental compliance proceedings, moneys allotted to the account in a court ordered award or judgment, moneys allotted to the account in a**~ourt** 

### approved settlement, andmoneys contributedto the accountfrom othersources.

(3) Moneys in the account may be used by the director in the case of a hazardous waste emergency to pay the necessary costs of preventing, neutralizing, or mitigating any threat to the public health or safety, or to the environmentcaused by thatemergency. (4) The board may promulgate regulations forthe withdrawal and use of funds from the accountas specified in subsection (3) ofthis section. (5) All moneys placed in the account are hereby perpetually appropriated to the department for the purposes described in subsection (3) ofthis section. All expenditures from the account shall be paid out in warrants drawnby the stateauditorupon presentationofthepropervouchers. (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


### erthis :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) Thereis herebycreated an account in the dedicatedfund in the state treasury to be designated the hazardous waste training, emergency andmonitoringaccount.

(2) The accountshallconsistof: (a) Moneys appropriatedto the account; (b) Moneys 

### as provided in sections 39-4410 and 39-4432, Idaho Code; (c) Donations, gifts and grantsfrom any source; and (d) Any othermoneyswhichmayhereafterbe providedby 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 ofhazardous wastes; (b) Employment of or contracting with necessary personnel to analyze, monitor, contain, collector dispose ofhazardouswastes; or (c) Employment of individuals or contracting with individuals or corporations to respond throughout the state to health and environmental problems which may be causedby 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 suchemergencies 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 addedby 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 ofcounty commissioners of the county in which the proposed facility or site is to be located. [I.C., § 39-4418, as addedby 1983, ch. 154, § 1, p. 416.]

39-4419. Interstate cooperation.- The director shall have thepower and the duty to encourage cooperative activities between the department and other states for the improvedmanagementofhazardous 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 employmenttestifies, provides informationor otherwise assists in the enforcementor administrationoftheprovisions ofthischapter. (2) Any employerwho knowingly violatesthe provisionsofsubsection (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 ofany such leakage, seepage or otherrelease, shall be subject to civil liabilitiesor penaltiesof any type. (2) The immunities provided in subsection (1) 

### ofthis section above shall notapply to anyperson: (a) Whose act or omission caused in whole or in part such actual or threatenedleakage, seepage or otherrelease and who would otherwise be liabletherefor; or (b) Who receives compensation other than reimbursement for out-ofpocket expensesfor services in rendering such assistance or advice. (3) Nothing in section (1) above shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton, or intentional misconduct. [I.C., § 

### 39-4421, as added by 1983, ch. 154, § 

### 1, p. 416.]

39-4422. Severability.- The provisions ofthis act are hereby declared to be severable and if any provision ofthis 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 ofremaining portions ofthis act. [I.C., § 

### 39-4422, as addedby 1983, ch. 154, § 

### 1, p. 416.]

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



### 39-4426. Appointmentofhealthinspectors.- (1) The departmentof 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 ofthe public by monitoring the receipt and handling of hazardous wastes which havebeen transportedby commoncarrier.

# -------- 

# I

316 

# I

hazardous facility or ed against liseassists**.~** 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

ntof and 1der I of the 5 of -



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

(2) The employees ofthe department ofhealth and welfare designated in subsection(1) of this section shall be agents of the Idaho transportation ,j department andthe public utilitiescommission for thepurpose ofcollecting 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 ofthe Idaho transporta

# I 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) ofthis section shall alert proper authorities or peace officers regarding violations pursuant to this chapter, violations pursuant to title 61, Idaho Code, and violationspursuantto title 49, Idaho Code, and violations to any rules and regulations issued pursuant to any of the aforementioned code sections.

All actionsbroughtfor violations oftheprovisionsofthischapteror rules andregulationspromulgatedpursuanttheretoshallbe broughtas provided for in this chapter. AU actions brought for violations of the provisions of title 61, Idaho Code, or oftitle 49, Idaho Code, shall be brought as provided in those titles. [I.C., § 39-4426, as added by 1984, ch. 205, § 4, p. 502.]

Compiler's notes. Section 3 of S.L. 1984, ch, 205 is compiled as § 39-4417B.

39-4427. Hazardous waste disposal fee. -:- On and afterJuly 1, 1984, there is imposed on the owner or operator of every commercial hazardous waste disposal facility or site permittedunder section 39-4409, Idaho Code, a fee oftwenty dollars ($20.00)per ton, or fraction thereof, on all materials disposed ofatthefacility or site. [I.C., § 39-4427, as addedby 1984, ch. 205, § 5, p. 502.)

Sec. tosec. 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 andremittance 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 ofthe month, shall make outa return, upon such forms setting forth such information as the department mayrequire, showingthe amount ofthe fee for which theowner 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 witha remittanceforsuchamountin theform required.

(2) The department may relieve any person or class ofpersons from the obligation offiling 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,shallkeep complete andaccuraterecords, 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 keptby this section shallbe 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 ofthis act, at any time during usual business hours, the department or duly authorized agents or employees, may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes or other chemicals contained therein, to 

### determine whether or not all the provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret informationobtainedby thedepartmentunderthe provisions ofthissection 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 underthis 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 existor as theymaysubsequentlybe 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 hazardouswastedisposal fee liensandproceedings. (2) The department of health and' welfare may be made a party defendantin any action at law or in equityby anyperson aggrieved by the unlawful seizure or sale of his property, or in any suit for refund or to
recover an overpayment, butonly the state ofIdaho shall be responsible for any finaljudgment secured against the department of health and welfare and saidjudgment shall be paid or satisfied out of the hazardous waste disposal fee refund account. [I.C., § 39-4431, as addedby 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 treasurerby the departmentto 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 monthlybalance often thousand dollars ($10,000) or at such greater sum as in the opinion ofthe department may be needed to meet reasonable requirements imposed on thehazardous wastedisposal 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.