•
 

THERE	 WERE NO CHANGES MADE TO THE PUBLIC RECORDS ACT
 

FROM JULy 01, 1993 THROUGH JUNE 30, 1995
 

• 

• 
1996
 

CUMULATIVE
 

POCKET SUPPLEMENT
 

',. 

IDAHO CODE .," ..... 

Compiled Under the Supervision of the 

. Idaho Code Commission 

""'. PHILLIP M. BARBER ....~.' .M.ALLYNDINGEL;·JR.. :, . NEILD. McFEELEY . 

--'. COMMISSIONERS 

MAXM. SHEILS, JR. 

EXECUTIVE SECRETARY 

.. _. 

VOLUME 7A 

For your convenience in reporting any errors in these 

supplements or suggested improvements or additions you 

will find postpaid cards. in the back of the 1996 Replacement Index Volumes. 

!I Place this supplement in the pocket of the corresponding 

volume of the set 

.......: .-:··.;i .. :
 

MICHIE 

Law Publishers 

-:, ....- ':··;'·;·.·CHARLO'l"iE~LLE, ViRGiNIA ,.~: ~.;:':Jl,=:,ii"'··

-. . • _._ .•~I{r:I·:: _0 . :. ::J;, .' -': : 
39-4203 HEALTH AND SAFETY 120 

.with the American National Standards Institute (ANSI) Standard A119.2
 

for Recreational Vehicles; or
 

(2) Any new park trailer that is not manufactured in compliance with the 

American National Standards Institute (ANSI) A119.5 Standards for Park 

Trailers. [I.C., § 39-4202, as added by 1995, ch. 267, § 15, p. 856.] 

39-4203. Exemption from local ordinances or regulations. - No 

recreational vehicle which meets the ANSI A119.2 Standard for Recreational Vehicles.or park trailers which meets theANSIAI19.5 Standard for 

Park Trailers shall be required to comply with any local ordinances or 

regulations adopting standards relating to plumbing, heat producing and . 

electrical systems in recreational vehicles or park trailers; [I.C., § 39-4203, 

. as added by 1995, ch, 267, § 15, p. 856.] ,', ._ 

.•-... - ••••.e " 

CHAPTER 44 

HAZARDOUS WASTE MANAGEMENT 

SECTION. SECTION• 

39-4403. Definitions. . 39-4417. Hazardous waste emergency ac39-4411. Records - Reporting - Monitor­ count. 

ing. 39-4427. Hazardous waste disposal fee. 

39-4401. Short title. 

. ' Sec. to sec. ref. This chapter is referred to
 

in §§ 39-7114, 39-7403,39-7421,49-2206,63­


3029D.
 

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

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

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

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

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

generators other than the owner and operator of the facility. 

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

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

welfare or the director's authorized agent. 

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

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

that such hazardous waste or any constituent thereof may enter the 

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

including ground waters. . . . 

(6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste
 

material received at a facility. This weight does not include any subsequent
 

changes to the weight resulting from the management of the waste by the
 

facility.
 

(7) "Generator" means any person, who by virtue of ownership, manage­


ment, or control. is responsible for 'causing or allowing to be caused the
 

creation of a hazardous waste.
 

-." ----;:-.--------­ .-~~-_ ...---. 
, --.-, ._._- - "'!. • -•••'-"'~~;"'- ­

,.;-:- . 

120 

SD Standard Al19.2 

" compliance with the 

-~: Standards for Park 

: 15, p. 856.] 

, regulations. - No 

Standard' for RecreA119.5 Standard for 

local ordinances or 

heat producing and 

ers. [I.C., § 39-4203, 

'-Y 

waste emergency ac-" 

vaste disposal fee. 

are. 

1 ns any hazardous 

szorags or disposal, 

~nerated offsite by 

.iliry, 

~th and welfare. 

ment of health and 

dumping, spilling, 

'y land or water so 

, ,:)f may enter the 

j into any waters, 

.wnds/ton), of waste 

ude any subsequent 

of the waste by the 

.wnership, manage­

'. g- to be caused the 

'!'~- -- _.' ": '-::., 

.·-l-t;'",_ :-. .:.~~~~~~~:-: .~~ .::~. ~. :~~~~;;.<~? ;~.~:.:~:~~~~r:~~::;;~2~,::::;'Si~~~:,.,~~t.~~-.~. ~--- ._-~:~~ ..,:;.# ;~?>:'~ .;-\~...~~. ~J. ':";~fi;;t~-:t7:~

. _ .""; -:..;.::.;::r:­

121 HAZARDOUS WASTE MANAGEMENT 39-4403 

. ;.....• 

(8) "Hazardous waste" means a waste or combination of wastes of a solid; , :',:~.;."':

liquid, semisolid, or contained gaseous form which, because of its quantit"l"'};:~~"

concentration or ~h~acteristics (ph!sical, che~~al or bio~ogical) may: }:~;/ (a) Cause or SIgnificantly contribute to an mcrease in deaths or an :~.:,::,[)_:~:

increase in serious, irreversible or incapacitating reversible illnesses; or .,:~~<:

(b) Pose a substantial threat to human health or to the environment if . '_:~'~

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

but are not limited to, materials which are toxic, corrosive, ignitible, or.::;~·

. reactive, or materials which may have mutagenic, teratogenic, or carci- /;(:, 

. riogenic properties but do not include solid or dissolved material in ",,:, 

, domestic sewage, or solid or dissolved materials in irrigation return flows _:<~C:

or industrial discharges which are point sources subject to national :;;;/ 

. ,-,::, pollution discharge elimination system permits under the Federal Water .{if;;;:. 

Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or·s.~n

source, special nuclear, or by-product material as defined by the Atomic ,e:-::'.~;;i·

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

(9) "Hazardous waste management" means the systematic control of the". 

collection, source separation, storage, treatment, transportation, process- ' .i: .......
 

ing, and disposal of hazardous wastes. ' ..... " 

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

ancillary equipment intended or used for the transportation, treatment, 

storage or disposal of hazardous wastes. . ' 

(11) "Injection" means the subsurface emplacement of free liquids. :., 

(12) "Manifest" means a form used for identifying the quantity, composo' -.,:' 

tion; origin, routing, waste identificationcoders), and destination of hazar . :';,~

ous waste during any transportation from the point of generation to the .. ' 

point of treatment, storage or disposal. 

(13) "Manifested waste" means waste which' at the point of origin or
 

generation is required to be manifested for transportation in a manner
 

similar to that of the federal uniform hazardous waste manifest or by other
 

manifest requirements designed to assure proper treatment, storage and
 

disposal of such waste.
 

(14) "PCB waste" means any waste or waste item which is not included in
 

the definition of "hazardous waste" and which is contaminated with
 

polychlorinated biphenyls.
 

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

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


ration, state or federal governmental department, agency, or instrumental­


ity, or any other legal entity which is recognized by law as the subject of
 

rights and duties.
 

(16) "RCRA"means the Resource Conservation and Recovery Act of 1976
 

as amended from time to time. ' ,
 

(17) "Restricted hazardous waste" means a waste or combination of ,- , 

wastes regulated as land disposal restricted pursuant to federal statutes .' 

and regulations, including 40 CFR part 268. -,' 

(18) "Storage" means the containment of hazardous wastes, on a temp?{""-~

rary basis or for a period of years, in such a manner as not to constitu~

disposal of such hazardous wastes. ' . , ' ':: 
· . .. _.. . - . .' 

','" ~;",:.:._:-.•:... t:"':.' \ . :"- '', '.:'~_" _;"ca·_·_•.. :. " 

-

39-4407 HEALTH AND SAFETY 122 

Compiler's notes. Section 2 of S.L. 1994, Sec.-to sec. ref. This section is referrJ;<i to Jo. 

ch. 419 .: .. Lor ·.11. is compiled § 39~27. in § 39-4423. ~.~ J;; 

39-4407. Identification of hazardous wastes. 

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

I

r­ in §§ 39-4411,39-4427. 

39-4411. Records Reporting - Monitoring. - (L) Pursuant to II 

, the provisions of section 39-4405, Idaho Code, the board shall adopt, and
 

amend as necessary, such rules relating to records, reporting, and monitor­


ing as may be needed to achieve the purposes of this chapter. These rules
 

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

requirements for:
 

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

(b) The submittal of records and reports; 

(c) The taking of samples and the pe~Qrrnjng of tests and of analyses; 

(d) The use of approved monitoringmethods and techniques; 

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

equipment; and -_ . - . '"
 

(f) The provisionof relevant information to the department. 

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

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

-39-4405, Idaho Code, and subsection (1) J~f this section, the generation, 

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

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

required by the rules issued pursuant ~-':~~§section(1) of this section shall 

be unlawful.' - ---.~~:{5fi

-:~:;~~-:,+ -: :j~, .'
 
-. ,- ..'-". 

:.~

122 

.irdous waste to or 

- hazardous waste 

..-.. 

.rocess, including 

.rt of a production 

sical, chemical, or 

;;e prior to storage 

render such waste 

.~. or dispose of; or .'.' 

.;. in volume. Such 

.lnge the physical" :,. 

as to render it '.:. -;" 

r.' >., .~ . .~~.~.:-l'~4~>+"":;""';'-'~: .oi~.

;. . contained gaseous 

:nded or which is 

i .33, ch. 15.4, § 1, p. 

.. p. 415; am: 1986, .:
 

. :93, ch. 291,:§ 1, p.
 

is section is referred to 

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

i 

I 

I. - (l) Pursuant to
 

d shall adopt, and
 

ting, and monitor­


~pteL 11lese rules
 

; procedures and
 

,. ..ords and reports; 

.nd of analyses;
 

.rques;
 

'tee of monitoring
 

.rnent. 

and lists specified
 

. red under section
 

n, the generation,
 

.rdous waste in this 

'the department as" . 

if this section shall .- ;, . 

- -. ~~ .'- ......-.-. - •• &._. ~"-.-"~.- -~

.' ......_- :...-. 

123 HAZARDOUS WASTE MANAGEMENT 39-4411 

."-" " 

(3) Information obtained by the department or by agents, contractors, or 

other representatives of the department, under any provisions of this . .. 

chapter, shall be available to the public, unless the information, or partsr\~

.. thereof, .if made public, .would c:livulg~ .methods, processes, or a~vitie~~1

constituting trade secrets, in which case the information shall be subject to·:~:.:',?~:i::

.". disclosurejaccording to chapter 3, title 9,' Idaho Code. 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:: :.;::;t,· 

· state or the United States, as necessary to carry out the provisions of this " :.i..::.:' 

,. ;chapter 'or the provisions of RCRA. The provisions ofthis section shall not \:~'~:1&'

c:· limit the department's 'auth~rity to' release confidential information dUi-hlg :.": ~:~?r;5':;

~. an emergency .involy{ng ·.hazardouS wasta.if the 'director determines that ,,~:;,;'>;:. ·!';.:~.release of the information is necessary to safeguard the public healthaild:···;iS..~;;

-, '~ .safety. "~-·;':uiJ.i' ;.r:r;;.-·;:,ti.i~;. ,:;.~~~;..;1.::.;... ;,; ;,:~; ...,--".;.:~:::",~. ., .:.'.~' . . . .:!;,~. ~atI~~~l;~~J~: .' (4) Effective January 1; 1996, eachgenerator shall, at the discretion ·of:-.I

'. . ..•.. ~.',; ;"~' •. _....-:t.,~~~ .~

.-.:' the director, no later than thirty (30) days after the end of each caIendar.:~\',;i;~:; t" .•". " •. • J.;. ..{.< .... • 

; year .submit ra written annual report to the department includirig .the·,;:~~~~t;t:'

::~'-"following information: '-;.;';',:-. t-,, .':1.'.:" .';I• • . < .; . " .:>/o:;.~~;[:!~~~:

: 0 •• ~:(a) The types and quantitiesof hazardous wastes generated;'·:-:>':/::,~·/li.\~~t·~t

, ., (br-The types and 'quantities of such wastes shipped for treatment and JL!~U?

disposal by landfilling or other means of disposal; .: . ,'·":.. ···;i'~~:t~·:~· . 

"" (c) The types and quantities of such wastes remaining in storage at the" ::~..::.", 

-; . end of the' reporting perio·d;:'::':·:}....c: ..:.;" ....... ,.... '. ·::r~:\·,;L~· ",:;:~~'.

'. (d) Whether such wastes are- destined for disposal or treatment'inthis ·~:<::Z~:. 

. statt:·d·ortb~:ethta·..~S.~.~i~,.~~~te.~i.;;~~_~~~~~ed f~:-..di~posal or tr~a"tm.'~'~i~a.-Jj~ ou S1 e s te..:, .,' . '." '. .. . -' ., ;."',':;"', jll! .. 

(5) Effective Janu~ 1,1996, the operator of each commercial h~~d~w"':~;'€::D~

waste disposal facility or site inthe state shall, no later than thirty (30) daY~"'~·~·:.~.'

·after the end of each calendar year, submit a written annual report to the' . 

department providing information on the types and quantities of waStes ." 

received which were generated in Idaho, and information on the types and 

quantities of wastes received which were generated in other states. . 

(6) Prior to March 1 of 'each year the department shall submit a report to. .., ., 

. the governor and the "legislature detailing the types and quantities of ';,.,::::.... 

·hazardous wastes generated in this state, the types and quantities of such ':--.::;:,:' 

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

" disposal, the type's and quantities of such wastes remaining in storage at the·;;;' .". 

end of the' most recent reporting period and the types and quantities of .. _. 

hazardous waste generated outside this state and shipped into this state for .~ .': 

· storage or disposal. [I.C., § 39-4111, as added by 1975, ch. 180, § 2, p. 486;· ". 

.. . am. 1978, ch.160, §.1,-p. 348; am. 1983, ch.153, § 8, p. 407; am. 1988, ch~<;.;:'­

'. ,'264, § 16, p: 519; ·am.!1990:ch. 213, § 43, p. 480; am. 1993, ch. 291, § 6, p'- ".;,,:'.; ,'.1082;~: 1996, ch>125,'§ .1,'p. l.l>": :":" ... " '. '.'. . ;': ".':~<~I!:. .' . :~. -......" .. •. :. ... '- -tf:'-:" .:;~'. \~_ .•..,.:" ......,: .,i- : ".::" , '.' '..: . i' - .". _ .• "': .' ." -, :. ", 

" .~ Compiler'~ n~tes. Sec~~n' 2 ~f S.L: '1~~6, .-. ~n·· and ~~ its passage and ~ppro~al ~{~i:~~~L'.
 - . ch, 125 declared an emergency and provided r : retroactive to January '1, 1996. Approved ':.~~?j~:.
 

:.':.. '".'~~..a,t. the. ac: s~~~d~~ ,~::~~,~or~.~ .~di ~~e::;,·.;~arc~ 8, 19~6. . .,'..,......:,.·::,:U.:._:;.· ~)'~~ ..:;{: 

.": :-''')-,':~.::~.L:..(. ;!J",~f_:,~i~-, .',"'i.:.;'~•• .1 • • _....... ...... '.. "., ,.::",,,,, ..
 

}~ '. . 

,.!;,;~~~. ..,..:........ . .,.. ....::
 ' ..~" -:. '.. ~~ .::~~{:~...<-~~., ,.!:>i.~~t;~~:~.~;.~~~
'. . . 

.... ii:<, 

&,,;;;;: 

~::~.~i~3g~:.:~::_·

_.. ",., " 

~~%~}~~f~~~~~~if' .

}{: ~:.> ... ',. , '~.

<' '.: :..', ,:::~~:~,

"'~"i'

,'::, ';~,/l

~,.~.f-,.,,~.,.~: ...f,}~·,!.:.•~.f.•..,.~J.,..:.:.~ ...,:.~.:" ". 

,"}.. 

: t', 

':' .­

,. 

. :.::.': ..:. );., 

'. ;." . .:;. -.i. '_.. i: 

( 

, 

. 

:..:; :,: 

>, '. ,. 

r; '-:;'..!{ 

!/ 

·.I~;;:

..... Ii:: 

.-~'-,':~~~....' ·l...·...~~~. . 

.~'. ";", J.~,.

0 .. •• -oJ.• , .. 

.• ,.....•. 

39-4417 124 

, 

~"

. ,:39-4417•. '.Hazardous 'waste em:e.~en~y·. account, :(1) There 'is '; 

hereby created an· account in .the state. "treasury to: be designated the -:; . .. '~'

hazardous waste emergency account. .:i .'"fi":.:r'..: h:.';.,,~\:..:.•;;.!~r; ..:.·:~ :'~':':;'-~~;:'~'" .. ;:>:)~:

(2) The account shall consist of moneys appropriated to the account by ::, . the legislature, .moneys allotted to the account as a result,o( departmental l.~

compliance proceedings, moneys. allotted totheaccount inca court ordered ··~i

award or judgmentrmoneys allotted tothe-accounr.in acourt approved .;,'~ ..• - ,. . . "S: 

settlement, andmoneys contributed to theaccount.fromother-sources. ',;:J:~.. 

..(3) .Moneys in the account may be used.by the. director'in the case ofa ,..~.

.hazardous .~~~ .'~~ergency.to .pay:. the. necessaryreosts of preventing, ,,;i; .neutralizing, ormitigating any threat to the public. health or safety; or to the . ~ :~~ " ..' 'environment caused-by that emergency.'> "U;:-"'d"::(~;:' "'':;':~''."'."i-: ,"i-;;;"'-~:~:::;':~l ;'·"·~i ":(4) The board.may promulgate regul~ti~~"f~;th~":ifu~~~~~'~d.~~ :~:t~.

,.: . \.with t 

'S';{~j:~~'; ~ell;=l!;E:==EE~~l~i~E~£r"i :o:":~'hazar(

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

drawn by the state controller upon presentation oftheproper vouchers. ;,: :L.':iI· 

.~: (6) Pending ~e,. surplus'moneyain the.~cc~tirit'shall be in~ested by the J 

state treasurer in the same m.anne~, as pro,::ded .un~e~,section, 67-1~10",:j

,.' ...,t .Idaho Code. Interest earned on the investments shallbe retumed to the ;-;l 

account. [I.C.,'§ 39-4417, is added by 1975, ch.180,.§':2;·p:4B6; am. 1994, :~

ch. 180, § 74, p. 420.].',::·.:D!::Z'~";{f ·dF::i'::;.:;.:::~·::ir''':·~'j ::,'.--: :~~

. ..' . .' c',' '.:' '. ..;." . ~. -:.. -. '. _...; . '\t ,''''c'oU:~iie~~:; ~~~~!';s~~~~'~41' '~f': ~~.: -: ':';~o~~7~~~~l);~,~f~I\9;t~ 'l~o ·i~ 1994, ch. ISO provided that such act should 

become effective on and after the first Monday 

in January, 1995 [January 2,·1995] if the 

amendment to the Constitution of Idaho 

changing the name of the state auditor to 

state controller [1994 S.J.R. No. 109, p. 1493] 

was adopted at the general election held on 

November S, 1994. Since such ~endm~nt was adopted, the amendment to this s~on

,<:.,:i ~~;"" (~~~~O) ~~ ~~~ ~~ a.rfra~~~~ther~:f~r~se~ ~~~~~f [~~ty~r,~
 ".' '..<. -ft. : (b) PCB and. all manifested waste other than wastes as defined in :::i;' 

by§ 74ofS.L.1994,ch.1S0becameeft'ective':··state auditor to state COntroller." ..:::c.~',~_':_ .' .:~

January2,1995. :.' ". :;":;;",.' ',. "~~':.,.:":.: ":::' ·..S~:\. '~_':.~.:' ':,. :.:', ~"'~,i.·, ,....,:-:"~.:.r.: .';" .~.'14-.;;.:.' :.._ 

39-4427•. Hazard~~'~~t~~·di~~~;~'f~~.~::~:iO:<l)·O~ ~~f ~;:Jciy i:".j>:~ 1995, the're is imposed on the 'o~er' or operatoi-.of every'·commercial :1; 

hazardous waste disposal facility or site"permitted Wider section 39-4409," '-;-: 

Idaho Code, the following waste disposal fees::~;".,,·. ~)-'::',..~';:.. ".", "-.;. :., ~?:'

(a) Hazardous wastes' as defined by RCRAor'section 39-4407, Idaho'Code: . .!' 

thirty 'dollars ($30.00) per gate to~"or"fra~tion:there(){CUsposed of ~t the"'~, t~

facility or site, provided however: that hazardous 'wwite that,"has been' ,., 

delisted or has been treated so that'it is .D,O 10ngerJiazardous'waste: five. .;?~

compiled as §§ 39-422 and 39-7110, respec- ...j: 

tively. ..' ':",,::~ ..1;. r; , ;:: . ,1 

c', ::Section 241 of S.L. 1994, ch. iso provided: . ~: act shall be in full force and effect on :-~

:':and after the first Monday ofJanuaiy, 1995, if :ff~ the state board of canvassers has certified ' :~'

that an amendment to the Constitution of the '1' ~tate of Idaho has been adopted at the gen- " 'i. 

'.eral election of 1994 to change the name ofthe '.~

:paragraph (a) ofthis .subsection: twenty-five dollars ($25.00) per gate ton .:.. ~:';j.

or fraction thereof disposed of at the facility 'or site;' :..,';'. ,,:;' -.: . ,,: :~~

r • • i~~' '. -0- • !?- ...•..•:. . • ' 

• .. '" . '" ....... 'f' - " ...,4...• ".
 

125 

. . (c) • 

.::tion 

, (2) I 

of the . (a) . 

";:;'opel 

; ./0»

',;':Any 

: sectioi 

':;39-44~

~., .'~39-44~

:?:, r;&~ (3) 

!:"'~~;~'};C(;~

i.:'" .~ seetior 

...~equaI

.':.fractic 

~tation

, ". :tI.C.~.. -..:"'§"I'::p' ', - ;.:> =0" s . " 

i'~_d~~' ,;~ .

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

)" ..i::~.~~~· : 

'.,,: ~;....: :\' ,.:.- _ ..: 

.~;: I.·.~.:~

'39-451 .........
 

.f4509 ar ! .,

-, 

.~.", .r! ' 

:'.~:~,. ,7 :._ 

1·.~ .. :.: 

SECTION. 

39-490: 

39-490~

39-490~

_.-. -~.,

~.1 •.. :}o.; 

";,',39--: ! 

, provic 

" 'reasOJ . 

duplic . 

arenc 

promc 

activii 
'e is
 

the
 

, :t by 

" .ntal 

ered 

oved 

i of a : 

I • . 

I .mg; '.'~

i"~lthe' . I :-. ~'.

;'':':. 

i:" 

";e of 

ated 

this 

, mts 

s, 

the 

I 210,
 

the
 

194,
 

) are
 

specided: 

,	 :t on 

~5, if 

i .ified 

~;, fthe 

<gen­

.fthe 

y	 1, 

.cial 

W9, 

ide:
 

the
 

een
 

five 

(or 

in 

ton 

. 125	 . IDAHO HEALTH PLANNING ACT l":39-4901· ..;>\:: .. ':,. .: ;, .... ~~"'~',~... .:,;::.',.:>~"" ':"</>~;>: ", .X:·:'.' '''', '\r7:'<:~'" < , ',; .':: ':")-.'}~~~;'

(c) All other waste 'not defined in'paragraphs" (a)'arid,:(b) of this 'subse~5;.'i~~"::':ii

.: tion: five dollars ($5.00) per gate ton or fraction thereof..'.:",:': "-,:,_.<,,,,~ .::':' :'~::V.:.;,:~'

- (2) The fees set forth in subsection (1) ofthis sectionshall not apply to any ,~: ~:t;~;

, of the following types.of wastes: "::': . ;'.:' .",~" ,. :::'::;:f:~'::,:~r:;:'\":f',: ",}:, :. ""';' "~'·.:7:/~,:

(a) Wastes generated or disposed of by a public agency or otherperson : "?~'~

, operatinga household hazardous waste collection prograin;··',::b':~'i~.';~ '~. :{Vj;:~:~;';-~' , , . " ., . '.' ," " .." , .. . " :'\0 p ,"': 

. (b) Wastes generated or disposed of by any' agenCyof~estate'ofIdahO.'::··::<':'{

.,' .Any waste for which the fees are waived Under the ~proVisio~ of this :,':~';:;£~~

.: section must be 'noted as fee-waived waste on' the return required in sectiori,,:.3.H:~:~t

39-4428,:)daho 'Code.r'and ·is "subject to all audit provisions of section:-';~i,-¥~,?;W'

\:39-4429, .Idaho 9.~de.. ;('~7:'~":;/:::'::':::-;~::::<:;''" ,::, : ':-."',,::::' ,.~~:.,?:;;!~~·~:·:~~2~'ho./";ot~:;~1:~>~?~~:Y,:~1~

," (3) .For wastes disposed of by any agency of the' state 'of Idaho at any ,'. "":;:-~'4

-commercial hazardous, waste disposal facility or site penmtted tinder" .,::i~:~~

section 39-4409, Idaho Code, thedirector, pursuanttoa Written agreement : ':--,:~;}
 

"with the owner or operator of any'such facilitY or' site,majr 'credit to the':' i,;(i
 ,hazardous waste training,' emergency and monitoring account an amount }'~;:;;~j;;;­

equal to the. actual cost charged by such owner or operator. per gate ton or .. ' :~}.";;
 

.fraction thereoffor the characterization, collection.tidentification, transpor- .' . '..
 

tation, treatment, storage and. disposal of wastes at such facility or site....: T-:,'f
 

[I.C., § 39-4427, as added by 1984, ch. 205~ §. 5~ p. 502; am. 1992, ch. 251, - ~,r:~'
 

§ 1, p. 735; 8.lll0 1993, ch. 291, § 8"p. 1082; am::1994'-~'-;419, § :2; p. 1310; .:::'#r;
 . am. 1995, ch. 127, § 1, p. 856.] ,',,-~L:.. ' ."" .r:..;"",;:.,:.::,.-,~::,:;""">,,,,~, ';' ."., ~:{;:;.
 

• . ." .~~ ' ••.•• "; - "';"': .7. • .~ •• ::~. ;:;-~:• •·_.i:~ <:~-'::J:'~:-_ ...»: :;: :-.... ..:~.-:.:~~~

'CompiIe~s notes, Section 1 of S.L; 1994, ......e ' •• ' ••:': e'i-- ",;~' ,. ,
 ch. 419 is compiled as § 39-4403.. .,' , .' " _,. .
 .:::::.::: .~ . ~. '... ..'. ," 

..... . . ...:,::':' .~'. .; ...~. CHAPTER 45 

,.NATURAL DEATH ACT .•.•'. l':'. 

.~.. 39-4501. Short title•. •	 1_. 

. ' ...... 1.:, .' .' . 

Sec. 'to see, 'ref. Sectio~ 39-45'Ol-~' 39~ ...
 

4509 are .. ' -.
 ',' . referred to in § 39-150. ' _.' -,' . . . ;; .;.. . 

• t : ,. r~': ':' ' ." _:.~ . 

... :. :;CHAPTER 49 

",~:: '. :.:':..­ . 'IDAHO HEALTH PLANNING ACT . .." ~:	 ."~ .. ; ';...";.:: .":::­

SECl'ION.	 , . 8EcTION. . : .:.' ':- ",,­

39-4901. Purpose and policy. " . 39-4904. Judicial review.
 

39-4902. Definitions. ". ",
 .. . . :-. ."..: .~:.! '.-­ 39-4903. Cooperative agreements .:..: Certifi- ': '
 

,', ;:': cation. '.-' .' ::. '.,' ..:.> '."" ·..·r....
 ..~ -~

~~ < '., ::!':~-:~., ... -r-' ........ .,•.• '
 . .,:r :..... ~-'~~''':~:' .. ...,..... .. '.: , ..: 

39-4901. PUrpose and policy.'- It is the intent "ofthe legislature to
 

provide to all of Idaho residents a quality health care system for a
 

reasonable cost and to prevent the deterioration of such system by the
 .1'. _., duplication of services' or the introduction of new categories ofservices that 
 

are not necessary to their health. It is further the intent ofthe legislature to
 

promote cooperation among health care providers.in health planning
 

activities and to provide access to necessary care for all who require it. It is
 

. .	 ... .:.. " 

,~..__ ,_, .... _.c,. _ .. .._~.,.;~~ .-._._ •.:;..:--_, ~s-.+__ 
IDAHO CODE
 

CONTAll'iL.'iG THE 

GENERAL LAWS OF IDAHO
 

ANNOTATED 

ORIGDi'ALLY PUBLISHED 3Y Al.rrHORlTY OF 

LA \VS 1947, CH..l...::YI'ER 224 

REPUBLISHED BY At~HORITY OF 

LAWS 1949, CH.-\.PTER 167 AS A.:.vIE:>iDED 

'. Compiled Under the Supervision of the 

Idaho Code Commission 

PHILLIP M. B.-illBER 

B. NEWAL SQUYRES, JR. M. ALLYN DINGEL, JR. 

CONThtIISSIO0fERS 

lVIA.:X M. S1:irFILS, JR. 

EXECu~~~SECRET_~Y

I

I 

VOLUME SEVEN A. 

I. THE MICHIE COMPA.L~-Y

Law Publishers

I CHARLOTTESVIU'::, VIRGINIA 

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COPYRlGHT~ 1948, 1961, 1977,1985,1993 

BY 

THE MICHIE COMP."u"-{ 

All rights reserved. 

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385 HAZARDOUS WASTE ~L~NAGE~IENT 39-4306 

care, treatment or procedures, and the advice and disclosures of the attending physician or dentist, as well as the level of informed awareness of the 

giver of such consent, shall be presumed sufficient. [1975, ch. 60, § 5, p. 

124.] . 

Cited in: Lef'elley v, Grefenson, 101 Idaho Where plaintiff was challenging only the 

422, 614 P.2d 962 (1980). "advice and disclosures" and the "level of informed awareness," he was only required to A.'lALYSrS 

overcome an ordinary presumption as to the 

Challenge to presumption. sufficiency of consent. Rook v, Trout, 113 

Convincing proof. Idaho 652, 747 P.2d 61 (1987). 

Challenge to Presumption. Convincing Proof. 

Where a written consent is signed, this sec­ The "convincing proof' requirement of this 

tion states that the advice and level of in­ section applies only to challenges regarding formed awareness are only "presumed suffi­ whether the patient consented to the furnish­ cient." To challenge this. the plaintiff need ing of medical care, not to challenges to the not establish by convincing proof that the sufficiency of the advice and disclosures and consent was secured maliciously or by fraud. 

the level of informed awareness. Rook v. Rook v. Trout, 113 Idaho 652, 747 P.2d 61 

Trout, 113 Idaho 652, 747 P.2d 61 (1987). (1987). 

39-4306. Responsibility for consent and documentation thereof. ­

Obtaining consent for such health care is the duty of the attending physician or dentist or of another physician or dentist acting on his or her behalf 

or actually providing the contemplated care, treatment or procedure; however, a licensed hospital and any medical or dental office lay or professional 

employee, acting with the approval of such a physician or dentist, may 

perform the ministerial act of documenting such consent by securing the 

completion and execution of a form or statement in which the giving of 

consent for such care is documented by or on behalf of a patient. In perform.. 

ing such a ministerial act, the hospital or medical or dental office lay or 

professional employee shall not be deemed to have engaged in the practice 

of medicine or dentistry. [1975, ch. 60, § 6, p. 124.] 

Compiler's notes. Section 7 of S.1. 1975. sent regarding health care is statutorily 

ch. 60 declared an emergency. Approved placed upon the physician or dentist, a hospiMarch 18, 1975. tal has no responsibility for consent. Keyser 

v. St. Mary's Hosp., 662 F. Supp. 191 rD. 

Hospital. Idaho 1987). Since the responsibility for informed conCHAPTER 44 

HAZARDOUS WASTE ~'\jA.GE:VIENT

SECTION. SECTION.
 

39-4401. Short title. release. use or disposal of haz­


39-4402. Legislative findings and purposes. ardous waste prohibited.
 

39-4403. Definitions. 394409. Permit requirements for hazardous
 

39-4404. Consistency with federal law. waste treatment, storage, or
 

39-4405. Rules and regulations in generaL disposal facilities.
 

39-4406. General powers and duties of direc- 394410. Transportation of hazardous waste.
 

tor. 394411. Records - Reporting - Monitor39-4407. Identification of hazardous wastes. ing. 

39-4408. Unauthorized treatment. storage. 394412. Inspections - Right of entry. 
-0 

39-4401 HEALTH A..."i'D SAFETY 3b6 

SECTION.
 

39-4413. Enforcement procedures.
 

39-4414. Remedies.
 

39-4415. Violations constituting misde­


meanors. 

39-4416. Citizen suits. 

39-4417. Hazardous waste emergency account. 

39-4417A. [Reserved.] 

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

39-4418. Local government notice. 

39-4419. Interstate cooperation. 

39-4420. Employment security. 

39-4421. Good samaritan protection. 

39-4422. Severability. 

.:...~ .: .:~~-

-,:.: 

39-4401. Short title. - This act may be known and cited as the "Hazardous Waste Management Act of 1983." [I.C., § 39-4401, as added by 

1983, ch. 154, § 1, p. 416.J 

Compiler's notes. The words ...this act" 

refer to S.L. 1983. ch. 154, § 1 which is compiled as §§ 39-4401 through 39-4422. 

SECTION.
 

39-4423. Disposal of restricted hazardous
 

wastes prohibited. 

39-4424. Disposal of manifested waste. 

39-4425. [Reserved.] -~ 39-4426. Appointment of health inspectors. - 39-4427. Hazardous waste disposal fee. 

39-4428. Collection of fees - Returns. 

39-4429. Books and records to be preserved 

- Entry and inspection by department of health and welfare. 

39-4430. Additions and penalties.
 

39-4431. Collection and ·enforcement.
 

39-4432. Distribution of hazardous waste
 

disposal fee revenues. 

-. 

.'. 

-0. 

Sec. to sec. ref. This chapter is referred to ', :~ in §~ 39-7114, 39-7403, 39-7421, 49·2206. .. ":'." 

Cited in: State v. Hanna Mining Co., 699 ._,

F. Supp. 827 <D. Idaho 1987). ......;. 

39-4402. Legislative findings and purposes. - (1) The legislature of 

the State of Idaho finds: 

(a) That continuing technological progress, increases in manufacturing, 

and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous waste; 

(b) That the public health and safety, and the environment, are threatened when hazardous wastes are not managed in an environmentally 

sound manner; 

(c) That the knowledge and technology necessary for alleviating adverse 

health, environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are generally available; and 

(d) That the problem of proper management of hazardous waste has become a matter of great statewide concern. 

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

(a) To protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, 

or unsound management of hazardous waste: 

(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 management of hazardous waste: 

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

I· 

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"­

387 HAZARDOUS WASTE D-L~'\(AGEMENT 39-4403 

Compiler's notes. For words "this act," wastes into sewer systems. 47 A.L.R.3d 1224. 

see Compiler's notes, § 39-440l. Applicability of zoning regulations to 

Collateral References. Validity and con­ waste disposal facilities of state or local govstruction of statutes, ordinances. or regula­ ernmental entities. 59 A.L.R.3d 1244. 

tions controlling discharge of industrial 

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

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

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

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

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

generators other than the owner and operator of the facility.
 

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

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

welfare or the director's authorized agent.
 

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

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

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

ground waters. 

(6) "Gate ton" means the weight, in tons (2,000 pounds/ton), of waste 

material received at a facility. This weight does not include any subsequent 

changes to the weight resulting from the management of the waste by the 

facility. 

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

creation of a hazardous waste. 

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

liquid, semisolid, or contained gaseous form which, because of its quantity, 

concentration or characteristics (physical, chemical or biological) may: 

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

.~rease in serious, irreversible or incapacitating reversible illnesses; or 

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

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

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

reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows 

or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the Federal Water Pollution Control Act, as amended, 33 U.S.C., Section 1251 et seq., or source, 

special nuclear, or by-product material as defined by the Atomic Energy 

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

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

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

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

ancillary equipment intended or used for the transportation, treatment, 

storage or disposal of hazardous wastes. 

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

39-4403 HEALTH AND S.-1.FETY 388 

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

point of treatment, storage or disposal. 

(13) "Manifested waste" means waste which at the point of origin or 

generation is required to be manifested for transportation in a manner 

similar to that of the federal uniform hazardous waste manifest or by other 

manifest requirements designed to assure proper treatment, storage and 

disposal of such waste. 

(14) "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. 

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

1976 as amended from time to time. 

(16) "Restricted hazardous waste" means a waste or combination of 

wastes regulated as land disposal restricted pursuant to federal statutes 

and regulations, including 40 CFR part 268. 

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

disposal of such hazardous wastes. 

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

from a hazardous waste facility or site. 

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

to or from a hazardous waste facility or site. 

(20) "Treatment" means any method, technique, or process, including 

neutralization, which is designed not to be an integral part of a production 

process, but which is rather designed to change the physical, chemical, or 

biological character or composition of any hazardous waste prior to storage 

or final disposal so as to neutralize such waste or so as to render such waste 

nonhazardous or less hazardous; safer to transport, store, or dispose of; or 

amenable for recovery, amenable for storage or reduced in volume. Such 

term includes any activity or processing designed to change the physical 

form or chemical composition of hazardous waste so as to render it nonhazardous. 

(21) "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; am 1989, ch. 253, § 1, p. 626; am. 1993, ch. 291, § 1, p. 

1082.] 

Compiler's notes. The Resource Conser­ Section 2 of S.L. 1986. ch. 148 is compiled 

vation and Recovery Act of 19i6. referred to as § 39-4405. 

in subdivision fl5"' of this section, is compiled Section 2 of S.L. 1986, ch. 324 is compiled 

as 42 C.S.C. § 6901 et seq. as § 39-4423. 

Section 2 of S.L. 1984, ch. 205 is compiled Section 2 of S.L. 1989, ch. 253 is compiled 

as § 39·4410. as § 39-4424. 

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Cross rer: Inspecticn of hazardous waste Sec. to sec. ref. This seczion is r-ete!:!'eci to
 

c:::r:iers. §§ 67-2929, 67·2930. in §§ 18--3905. 39~23 and 67·2929.
 

39 -:-:04. Consistency with federal law. - The legislature intends
 

that the state of Idaho enact and carry outa hazardous waste program that
 

will enable the state to assume primacy over hazardous waste control from
 

the federal government,
 

The legislature finds that the RCR.~, as amended, 42 U.S.C., section 6901
 

et seq., and federal regulations adopted pursuant thereto, establish C:JIn­


plex and detailed. provisions for regulation of those who generate, trans­


port, treat, store, and dispose of hazardous wastes. The legislature cannot
 

conveniently or advantageously set forth in this chapter all the require­


ments of all ofthe regulations which have been or will be established under
 

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

avoid the existence of duplicative, ov~ppingor conflicting stateand fed­


era! re§rJiator"f ~;ste~.
 

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

with RCR.~ and the federal regulations adopted by the administrator of the
 

United States environmental protection agency to implement RCRA.
 

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

their ocerations on lands owned or controlled bv them shall not be recuirad


by board - rules to do anything more than follow 

..­

the in.s~ uctions on the 

pesticide label and triple rinse empty containers in accordance with. tile 

RCRA. regulations of the environmental protection agency. The board may '.' 

not promulgate any rule· that would impose conditions or requirements 

more strin.gent or broader in scope than RCR..4.- and the RCR..~ regulations 

of the environmental protection agency. The board may, however, promul­ .\ 

gate procedural rules and rules specifically authori-zed. by this chapter or: 

ether state statutes without ShOw1..T1g that those rules are required by 

RCRA or the regulations of the environmental protection agency; provided. 

that those rules shall not conflict with tbis section, other sections of this 

chapter, RCRA., or the regulations of the environmental protection agency. 

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

modi-Red. through the administrative process of chapter 52, title 67, Idaho 

Coae. ' [I.C.,:t 30 

...-=-: ·~·'O.d.._~ as aaae_ ., d b y l OS3 oJ ,C.:l. . 1-d, _0 _~..S 1r p. d.__ 1 6· ,a.T!l. , la~6 _...... ,c.... h

182. § 1,p. 479; am. 1988, ca. 6, § 1~ p. 6; am. 1988, ca. 259, § 1~ p. 498; azn. 

1993, ca, 216, § 27, p. 587; am. 1993, 6. 291; § 2, p. 1082.1 

Comoi.ie~s notes. This sec:ion was ceding "regulations of the e::.viro~en21.pro­
 • -. • 1Q03;. - ""__ 6 s·,,- • _ i amenae-:x oy two ac:s CZl. • tec::ion ag'!nC"!.": and in the present iif"Jl sen­


and ca, 291. § 2 both e!I~..,e July 1. 1993­ tence deleted "or regulation' foHowing ".~y

wille..:':' do not COrullC: and have been ccmniied ruie" and substituted "caaceer 52. cttle 67, together'. w , Ici.aho Code" for "seczicn 67-5201. Idaho Code, 

The . -PO amendment by 6. 216. § 27 in the ec sea. fi~ sentence of cl:1e seecnd Pa..r:L;,an.p.a added The" amend.i:::ent bv 6.. 291. § 2 in the 

-federal" following '"6901 ee seq.• and"; in the sentence of the thi.,-d paragraph dele!:ed "in 

thi..-d paragraph. in the presenc first through substance" prececiing "ccnsiseenc 'Hie. the sencances deleted "and regulations'. RCR.:.\.'" and deleted a rormel" seecnd sentence. foHowing "rules'" whereever they appe:!red: Sec:ion 2 or" S.L. 1988. 6. 259 is compiled. in dle present fourtb. senten.ce de!eted "and 

as 39~09. reg'~lacions"foHowing "rules" in the first four Se-=:ions 26 and 28 of S.L 1993. ca, 216 are places it appears and deleced "rules and" pre­
39-4405 HEALTH AND SAFETY 390 

compiled as §§ 39-4120 and 39-4909, respec­ Section 2 of S.L. 1986, ch. 182, declared an 

tively. emergency. Approved April 1, 1986. 

Section 3 of S.L. 1993, ch. 291 is compiled 

as § 39-4406. . 

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

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

necessary and feasible for the management of the generation, collection, 

transportation, treatment, storage, and disposal of hazardous wastes within 

the state. The board shall also adopt such rules and regulations as necessary to regulate persons who produce, burn, distribute, and market fuel 

containing hazardous waste. The rules and regulations promulgated by the 

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

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

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

of wastes is hazardous for the purposes of this chapter; 

(2) Rules and regulations for those who generate, transport, treat, store, 

or dispose of hazardous wastes; 

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

States environmental protection agency and the United States department 

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

(4) Rules and regulations specifying the terms and conditions under . 

which the department shall issue, modify, suspend, revoke, or deny such 

permits as shall be required by this chapter; 

(5) Lists of those wastes or combinations of wastes which are not compatible and which may not be stored or disposed of together; 

(6) Procedures and requirements for the reporting of the generation, 

transportation, treatment, storage or disposal of hazardous wastes; ' ..: 

.:», (7) Rules and regulations establishing standards and procedures for the 

training of personnel at generation sites and at hazardous waste facilities ~:~

:~~.' ',,:'" and sites; ..... (8) Release detection, prevention and correction regulations applicable to 

all owners and operators of underground 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. Sec. to sec. ref. This section is referred to 

1986, ch. 148 are compiled as §§ 39-4403 and in § 39-4411. 

39-4408. 

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

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

over hazardous waste management, pursuant to RCRA; 

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

this state; 

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391 HAZARDOUS \VASTE MANAGEMENT 39-4408 

(3) Shall develop, publish, and revise as necessary a plan for the safe and
 

effective management of hazardous wastes within this state. Such a 'plan
 

may identify those locations in the state which are not suitable for the
 

establishment of hazardous waste treatment or disposal facilities or sites;
 

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

implied from the other sections of this chapter. [LC., § 39-4406, as added by
 

1983, ch. 154, § 1, p. 416; am. 1993, ch. 291, § 3, p. 1082.]
 

Compiler's notes. Section 2 of S.L. 1993,
 

ch. 291 is compiled as § 39-4404.
 

39-4407. Identification of hazardous wastes. - (1) The board shall
 

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

hazardous or nonhazardous, for the purposes of this chapter.
 

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

hazardous wastes. The board may, with public notice but without the necessity of a public hearing, list as hazardous any waste or combination of 

wastes determined to be hazardous by the United States environmental 

protection agency. To accomplish this goal, the board may adopt by reference the regulations containing the lists of hazardous wastes and the set of 

characteristics for identifying hazardous wastes promulgated by the United 

States environmental protection agency pursuant to RCRA. The board 

shall update the regulations adopted pursuant to this section as needed to 

reflect regulatory amendments promulgated by the United States environmental protection agency. The board may adopt regulations for a state 

hazardous waste delisting program equivalent to that set forth in 40 CFR " 

sections 260.20(b) and 260.22. The state delisting program shall provide for 

public notice and opportunity for comment before granting or denying delisting requests. [LC., § 39-4407, as added by 1983, ch. 154, § 1, p. 416; am. 

1993, ch. 291, § 4, p. 1082.] 

Compiler's notes. Section 5 of S.L. 1993. Sec. to sec. ref. This section is referred to 

ch. 291 is compiled as § 39-4-1:10. in § 39-+Ul. 

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

of hazardous waste prohibited. - (1) No person shall treat or store 

hazardous waste, nor shall any person discharge, incinerate, release, spill, 

place, or dispose any hazardous waste in. such a manner that the waste, or 

anyconstituent thereof, may enter the environment, unless the department 

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

activity involved or exempted the activity from permit requirements. 

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

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

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

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

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

director that: 
39-4409 HEALTH AND SAFETY 392 

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

surface impoundment which contains or may contain hazardous waste;
 

and
 

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

contamination of any existing or potential underground source of drink­
 :.: ing 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 «>::·-1 of ignitibility, shall not be used for dust suppression or road treatment. 

(4) The board shall have authority to prohibit: 

(a) Land disposal of any hazardous waste; and 

(b) Storage of any hazardous waste prohibited from land disposal, unless
 

such storage is solely for the purpose of the accumulation of such quanti­


ties of hazardous waste as are necessary to facilitate proper recovery,
 

treatment or disposal. [I.C., § 39-4408, as added by 1983, ch. 154, § 1, p.
 .... 416; am. 1986, ch. 148, § 3, p. 415.] :--:. 

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

RCRA referred to in subsection (2) of this sec- as § 39-4405. 

tion is compiled as 42 U.S.C.~ § 6925(c). 

,- , 

0' 

39-4409. Permit requirements for hazardous waste treatment, -.::.: ',' storage, or disposal facilities. - (1) No person shall construct, operate, :~~

{ ..'

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

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

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

Permits may contain such conditions necessary to protect human health 

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

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

if the exemption is in the public interest and consistent with RCRA requirements. The fact that a class or category of such facilities is not required to obtain a federal permit shall be persuasive evidence that an 

exemption is in the public interest. 

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

States environmental protection agency prior to the date that the state 

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

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

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

adopt such rules and regulations as necessary to: 

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

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

replacement of existing units and lateral expansions of existing interim
 

status facilities to comply with all regulations which apply to new facili­


ties; and
 

(c) Provide for the termination of interim status. 

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

terms and conditions for issuing permits to the described facilities and 

sites. The rules and regulations shall provide for, but not be limited- to: 
I 393 HAZARDOUS WASTE MAJ.'l'AGE~1ENT 39-4409 

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

the facilities and sites; 

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

and sites; 

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

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

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

effective management, maintenance, and monitoring of the facilities and 

sites during and after operation; 

(e) Evidence of financial responsibility for corrective action on-site and 

off-site; 

(f) Liability insurance in such form and amount as is necessary to compensate for potential damages caused by the facilities and sites; provided, 

that liability insurance shall not be required in the event that liability 

insurance is not required by the federal regulations adopted pursuant to 

the RCRA; 

(g) Emergency equipment and emergency response plans appropriate to 

the facilities and sites;" 

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

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

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

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

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

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

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

date of this chapter shall be reissued to conform with the provisions of this 

chapter and the rules and regulations promulgated under this chapter. 

(5) Any permit issued after the effective date of this provision shall require corrective action to be taken on-site and off-site for all releases of 

hazardous waste or constituents, from any solid waste management unit at 

the treatment, storage, or disposal facility seeking the permit, regardless of 

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

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

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

pursuant to the provisions of section 39-4413, Idaho Code, if the permitted 

party fails to comply with the terms and conditions of the permit, this 

chapter, or the rules and regulations promulgated under this chapter. 

(7) The department may issue a variance from the requirements of the 

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

the director, application of the requirements would cause ~bl~_._._

hardsh~E-andthe granting of a variance would not be harmful to the public --.:-_. -- ._-_.­

interest or inconsistent with RCRA requirements. A variance shall not 

exceed one (1) year in duration and may be renewed or extended only after 

the department provides public notice and an opportunity 'for public comment. 
39-4409 HEALTH A..l\iD SAFETY 394 

(8) (a) The director of the department may issue a research, development 

and demonstration permit for any hazardous waste treatment technology 

or process for which permit standards for such experimental activity 

have not been promulgated. Any such permit shall include such terms 

and conditions as will assure protection of human health and the environment. Such permits shall: 

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

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

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

types and quantities of hazardous waste which the director deems nec­


essary for purposes of determining the efficiency and performance ca­


pabilities of the technology or process and the effects of such technol­


ogy or process on human health and the environment; and
 

3. Include such requirements as the director deems necessary to pro­


tect 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 regard­


ing testing and providing of information to the director with respect to
 

the operation of the facility.
 

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

subsection in establishing the conditions of each permit without separate 

establishment of regulations implementing such criteria. (

h 

/

'(c) For the purpose of expediting review and issuance of permits under 

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

,human health and the environment, modify or waive permit application 

and permit -: issuance requirements established in the general permit reg-. "' •• 

ulations except that there may be no modification or waiver of regula­


tions regarding financial responsibility (including insurance) or of appli­


cable public participation procedures.
 

(d) The director may renew a research, development and, demonstration .. permit which has been issued pursuant to this subsection. The renewal .....: 

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

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

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

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

Compiler's notes. This section was 

amended by two 1~88 acts which appear to be 

compatible and have been compiled together. 

The amendment by ch. 7, in the first sentence of subsection (5), inserted "issued"; and 

added subdivision (S)(d). 

The amendment by ch. 259, in subdivision 

(2)(b). inserted "existing interim status surface impoundments"; and in the first sentence of subsection (5). inserted "issued." 

The words enclosed in parentheses so appeared in the law as enacted. 

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

as § 394Hl. 

Sections 1 and 3 of S.L. 1988. ch. 259 are 

compiled as §§ 39-4404 and 39-4413, respectively. 

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

in §~ 39-4413. 39-4426, 39-4427. 

.­

1 
I 395 HAZARDOUS WASTE MA1'fAGE:VIENT 39-4410 

39-4410. Transportation of hazardous waste. 

- (1) The board shalf 

, 

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 

i 

consistent with the rules and regulations issued by the United States department of transportation and the United States environmental protection 

agency. The rules and regulations shall also be consistent with the rules 

and regulations of the Idaho public utilities commission unless such consisJI tency would impair the primacy or the effectiveness of the state's hazardous
 

waste management program. In that case the board shall confer with the
 

commission and endeavor to develop mutually acceptable transportation 

rules and regulations. If mutually acceptable rules and regulations cannot 

be developed. the board shall promulgate transportation rules and regulations that minimize conflict with the commission's rules and regulations 

while assuring the primary authority and effectiveness of the state's hazardous waste management program. Rules and regulations so promulgated 

by the board shall prevail over conflicting rules and regulations of the 

commission. 

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

., to all transporters of federally regulated types and quantities of hazardous .. waste generated either by themselves or by others. These rules and regulations shall apply to any movement of a regulated quantity of hazardous - .,.. -.. 

'I wastes to or from a hazardous waste facility or site. 

:,

. I (3) The hazardous waste transportation rules and regulations shall pro- : 

vide for but not be limited to: 

.:: .:~< (a) Standards for the containerization and labeling of hazardous wastes; 

r. ,

(b) Standards for the handling and placarding of hazardous waste ship­ .~; ". ments;
 .~.......•..
 ..~ :". . (c) A hazardous waste tracking system requiring that: '. ...._~~i.:
 

CD All transporters of federally regulated types and quantities of haz­


. , ardous waste obtain an identification number from the department,
 

the environmental protection agency, or another approved state pro­


gram, before accepting hazardous waste for transport;
 

(ii) All shipments of federally regulated types and quantities of hazardous waste to be shipped off site or received from off site be accompanied by a manifest or-similaI=----fG.Fm-describing the hazardous waste 

being shipped and its destination; 

(iii) A copy of each manifest er.similar form be returned to the generator and/or originator of the shipment and a copy be retained by the 

transporter for a minimum of three (3) years. 

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

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

consistent with federal statutory, regulatory and constitutional requirements. 

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

under section 39-4409, Idaho Code. shall receive regulated quantities of 

hazardous waste as defined by federal law from a motor vehicle or trailer : 
39-4411 HEALTH A..N'D SAFETY 396 

unless the hazardous waste is accompanied by a proper manifest and the 

transporter has obtained a special permit from the Idaho transportation 

department as provided in sections 49-2202 and 49-2203, Idaho Code. If an 

improperly documented shipment of hazardous waste arrives at a permitted commercial hazardous waste facility or site, the owner or operator of 

the facility or site shall immediately notify the Idaho transportation department and the Idaho department of law enforcement and follow the 

requirements of its permits and licenses for notification of appropriate 

agencies. Il.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; am. 1993, ch. 291, § 5, p. 1082.] 

Compiler's notes. Sections 1 and 3 of S.L. Transportation Department shall be autho1984, ch, 205 are compiled as §§ 39-4403 and rized to permit any person renewing or pur39-4417B, respectively. 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 

Sections 567 and 569 of S.L. 1988, ch. 265 . any receipts therefrom shall be placed in the 

are compiled as §§ 36-1301 and 39-4426. Hazardous Material/Hazardous Waste TransSection 4 of S.L. 1993, ch. 291 is compiled portation Enforcement Account which is creas § 394407. . ated in section 49-2507, Idaho Code [amended 

Section 5 of S.L. 1986, ch. 231, read: "An and redesignated as § 49-22051, which is enemergency existing therefor, which emer­ acted by Section 4, of this act and Section 

gency is hereby declared to exist, Section 49-2507, Idaho Code, which is enacted by Sec49-2512, Idaho Code [amended and redesig­ tion 4 of this act shall be in full force and 

nated as § 49-2210], which is enacted by Sec­ effect on and after July 1, 1986. Approved 

tion 4 of this act shall be in full force and April 3, 1986." 

effect on and after this act's passage and ap­ Section 5S6 of S.L. 1987, ch. 265 provided 

proval. The remaining provisions of this act that the act should become effective on and 

shall be in full force and effect on and after aft.er January 1, 1989. 

January 1. 1987; provided, however, that the Cross ref. Motor Carrier Act, §§ 61-801­

Idaho Transportation Board and Idaho 61-818. 

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

provisions of section 39-4405, Idaho Code, the board shall adopt, and amend 

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

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

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

requirements for: 

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

(b) The submittal of records and reports; 

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

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

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

equipment; and 

(D The provision of relevant information to the department. 

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

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

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

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

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

department as required by the regulations issued pursuant to subsection (H 

of this section shall be unlawful. 
397 HAZARDOUS WASTE UtL~"i'AGE;YIENT 39-4411 

(3) Information obtained by the department or by agents, contractors, or 

other representatives of the department, under any provisions of this chapter, shall be available to the public, unless the information, or parts 

thereof, if made public, would divulge methods, processes, or activities constituting trade secrets, in which Gase the information shall be subject to 

disclosure according to chapter 3, title 9, Idaho Code. Nothing in this subsection shall be construed as limiting the disclosure of information by the 

department to any officer, employee, or authorized representative of the 

state or the United States, as necessary to carry out the provisions of this 

chapter or the provisions of RCRA. The provisions of this section shall not 

limit the department's authority to release confidential information during 

an emergency involving hazardous waste, if the director determines that 

'release of the information is necessary to safeguard the public health and 

safety. 

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

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

report to the department including the following information: 

(a) The types and quant-ities of hazardous wastes generated; 

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

disposal by landfilling or other means of disposal; .
 

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

end of the reporting period;
 

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

state or whether such wastes are destined for disposal or treatment out­


side this state. ;.~
 

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

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

quarter, submit a written report to the department providing information 

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

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

which were generated in other states. 

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

report to the governor and the legislature detailing the types and quantities of hazardous wastes generated in this state, the types and quantities of 

such wastes shipped for treatment and disposal by landfilling or other 

means of disposal, the types and quantities of such wastes remaining in 

storage at the end of the most recent reporting period and the types and 

quantities of hazardous waste generated outside this state and shipped into 

this state for storage or disposal. [I.C., § 39-4111, as added by 1975, ch. 180, 

§ 2, p. 486; am. 1978, ch. 160, § 1, p. 348; am. 1983, ch. 153, § 8, p. 407; 

am. 1988, ch. 264, § 16,p. 519; aID. 1990, ch. 213, § 43, p. 480; am. 1993, 

ch. 291, § 6, p. 1082.] 

Compiler's notes. Sections 4 and 6 of S.L. Section 7 of S.L. 1993, ch. 291 is compiled 

1986. ch. 148 are compiled as §§ 39-4409 and as § 39-4416. 

39-4-H3. Sec. to sec. ref. This section is referred to 

Section 42 of S.L. 1990. ch. 213 is compiled in § 39-4429. 

as § 39-1393. 

, 

.' 
39-4412 HEALTH AJ.'iD SAFETY 398 

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

searches conducted under the authority of this chapter shall be performed 

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

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

state shall not, under the authority granted by this chapter, conduct warrantless administrative searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances 

such as a public health or environmental emergency. 

(2) For the purposes of developing or enforcing any provision of this 

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

authorized state employee or representative may, upon presentation of appropriate credentials, at any reasonable time: 

(a) Enter upon any private or public property where hazardous wastes 

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

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

labels; 

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

means of conveyance where hazardous wastes are or have been contained 

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

their labels; 

(c) Enter any private or public property, or means of conveyance, where 

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

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

to inspect and copy such documents. 

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

operator, the department shall provide the property owner or facility operator with a receipt for samples taken and a copy of sample analysis. Duplicate samples shall similarly be provided upon request if the requesting 

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

analysis with the department. 

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

facility owner or operator. The right of entry of a duly authorized state or 

health district employee shall not be subject to any confidentiality requirements other than those specified in section 39-4411(3), Idaho Code, and 

chapter 3, title 9, Idaho Code. The right of entry of a private contractor 

working in a representative capacity for the department may, however, be 

made subject to additional confidentiality requirements so long as those 

requirements do not interfere unreasonably with the development of information by the department or the transmission of information from the 

contractor to the department or the United States environmental protection agency. 

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

reasonable cause for issuance of the warrant or the existence of a reasonable program of inspection. [LC., § 39-4412, as added by 1983, ch. 154, § 1, 

p. 416; am. 1990, ch. 213, § 44, p. 480.] 

1
 

­

0'" 
399 HAZARDOUS WASTE MANAGE:VIENT 39-4413 

Compiler's notes. Section 45 of S.L. 1990. vided that §§ 3 through 45 and 48 through 

ch. 213 is compiled as 39-521l. 110 of the act should take effecz July 1. 1993 

Section 111 of S.L. 1990. eh. 213 as and that *§ 1, 2. 46 and 47 should take effect 

amended by § 16 of S.L. 1991. eh. 329 pro- July 1. 1990. 

39-4413. Enforcement procedures. - (A) Whenever the director determines that any person is in violation of any provision of this chapter or 

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

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

more of the following actions may be taken: 

(1) ADMlL"\fISTRATIVE ENFORCEMENT ACTIONS. 

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

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

shall identify the alleged violation with specificity, shall specify each 

provision of the act, rule, regulation, permit or order which has been 

violated, and shall state the amount of civil penalty claimed for each 

violation. The notice of violation shall inform the person to whom it is 

directed of an opportunity- to confer with the director or the director's 

designee in a compliance conference concerning the alleged violation. A 

written response may be required within fifteen (15) days of receipt of the 

notice of violation by the person to whom it is directed. 

< (b) Scheduling Compliance Conference. If a recipient of a notice of viola­ «: 

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

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

conference shall be held within twentv- (20) davs of the date of receipt of .... 

.

notice, unless a later date is agreed upon between the parties. If a compliance conference is not requested, the director may proceed with a civil 

enforcement action as provided in subsection (3) of this section. 

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

opportunity for the recipient of a notice of violation to explain the circumstances of the alleged violation and, where appropriate, to present a 

proposal for remedying damage caused by the alleged violation and for 

assuring future compliance. If the recipient and the director agree on a 

plan to remedy damage caused by the alleged violation and to assure 

future compliance, they may enter into a consent order formalizing their 

agreement. The consent order may include a provision for payment of 

any agreed civil penalty. 

(d) Effect of Consent Order. A consent order shall be effective immediately upon signing by both parties and shall preclude any civil enforcement action for the same alleged violation. If a party does not comply 

with the terms of the consent order, the director may seek and obtain in 

.. .. any appropriate district court specific performance of the consent order ." ­

and such other relief as authorized in this chapter. 

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

compliance conference pursuant to subsection (A)(l)(b) of this section, the r . 

j 

director may commence and prosecute a civil enforcement action in district court, in accordance with subsection (A)(3) of this section. 
. , 

i 

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i 

.I 

I 

I 

j 

! j 

! 

r 

. , 

,;
 

,. ,

i:

39-4413 HEALTH AJ,'\(D SAFETY 400 

(2) PERMIT SUSPENSION OR REVOCATION PROCEEDINGS. 

(a) Grounds. The director may revoke or temporarily suspend the permit 

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 shall commence a permit suspension 

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

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

or conduct which warrant .suspension or revocation of the permit. The 

notice, hearing, and record requirements for contested cases contained in 

the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, 

and subsection (A)(2)(c) of this section shall apply to proceedings initiated under this subsection. Revocation or suspension of a permit shall 

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

revoke or suspend unless the permitted party requests a hearing. 

(c) Administrative Hearing Provisions. 

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

the director's action under subsection (A)(2)(b) of this section, the director shall promptly conduct a hearing open to the public. The contested 

case provisions of the Idaho administrative procedure act shall apply to 

all hearings conducted under this subsection. 

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

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

issuance of an order in the nature of a subpoena compelling the attendance and testimony of witnesses and the production before the director of papers, books, drawings, documents, test results, and other evi..: 

dence 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 ENFORCEMEN'"T ACTION. The attorney general may commence and prosecute in district court a civil enforcement action. Civil 

enforcement actions shall be commenced and prosecuted in the district 

court in and for the county in which the alleged violation occurred, and 

may be brought against any person who is alleged to have violated any 

provision of this chapter or any rule, regulation, permit, condition, requirement, consent order, or order which has become effective pursuant 

to this chapter. Such action may be brought to compel compliance with 

any provision of this chapter or with any rule, regulation, permit or order 

promulgated hereunder, and for any relief or remedies authorized in this 

chapter. The director shall not be required to initiate or prosecute an 

I
 


 I
 

·1
 

I
 

I
 

I
 

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I
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i 

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'.'1..
 

1 
i 

401 H--\.ZARDOUS WASTE MANAGE:.YIENT 39-4414 

administrative action before the attorney general may commence and 

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

.; . 

;

\,e

j 

i·.•
 

r
 

may delegate this authority regarding civil enforcement actions to the 

prosecuting attorney or the county where a civil enforcement action may 

arise. 

(B) ACTIONS AGAINST GUARA1~TORS. If the owner or operator is in 

bankruptcy, reorganization or other arrangement pursuant to the federal 

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

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

brought directly against a guarantor of financial responsibility by the state 

or any injured party for any claim arising from conduct for which guarantees of financial responsibility have been made. The guarantor may invoke 

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

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

(C) LThIITATION OF ACTION FOR ADlYIINISTRATIVE Ai\1D CIViL 

COURT PROCEEDINGS BROUGHT UNDER THE PROVISIONS OF 

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

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

condition, requirement or order issued or promulgated pursuant to this 

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

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

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

ch. 259, § 3, p. 498; am. 1989, ch. 38, § 1, p. 49.] 

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

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

tion is compiled as 11 U.S.C., § 101 et seq. Sec. to sec. ref. This section is referred co 

Section 5 of S.L. 1986, ch, 148 is compiled in §§ 39-: ~09, 39· ~29.

as § 39-4411. 

39-4414. Remedies. - The remedies specified in this section are cumulative and nonexclusive. 

(1) MONETARY PENALTIES. 

(a) Any person who makes a false statement or representation in any 

application, label, manifest, record, report, permit or other document 

filed, maintained, or used for the purpose of complying with the provisions of this chapter shall be liable for a civil penalty not to exceed ten 

thousand dollars ($10,000) for each separate violation or for each day of a 

continuing violation. 

(b) Any person who violates this chapter or any permit, standard, regulation, condition, requirement, compliance agreement, or order issued or 

promulgated pursuant to this chapter shall be liable for a civil penalty 

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

or for each day of a continuing violation. 

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

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

with the law. 

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

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

. 

:(Bj 

: ':".. 

·'ti· 

. i 

I 

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s 
39-4414	 HEALTH AND SAFETY 402 

agreement, or order issued or promulgated pursuant to this chapter may be 

assessed for: 

" (a) The state's costs for any nonroutine investigations, inspections, monitoring, or surveys which lead to evidence of the violation; 

(b) The state's costs, including the reasonable value of attorneys' services, for preparing and litigating the case; 

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

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

(d) The state's costs for impounding; storing, and disposing of contaminated property; 

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

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

life to restore the resource to its highest previous use; 

(D Compensation for damages to privately held resources including, but 

not limited to, livestock, land, water, or other personal property, and 

compensation for court costs allowed by statute, reasonable attorney's 

fees for trial preparation and trial of the case, and all other reasonable 

costs of trial preparation and trial of the case; 

(g) Compensation for damages to personal health and compensation for 

court costs allowed by statute, reasonable attorney's fees for trial preparation and trial of the case, and all other reasonable costs of trial preparation and trial of the case; 

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

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

(3) RESTRAThlNG ORDERS, INJlJNCTIONS AJ.'fD OTHER RELIEF. 

. (a)	 Any person who violates any provision of this chapter or any permit, 

standard, regulation, condition, requirement, compliance agreement, or 

order issued or promulgated pursuant to this chapter shall be subject to a 

permanent or temporary injunction, restraining order, or other relief 

deemed appropriate. Upon a showing to the court that a violation is 

causing an imminent hazard to the public health, the public safety, or to 

the environment, the department need not allege or prove at any stage of 

the proceeding that long term irreparable damage will- occur should the 

injunction or order not be issued or that the remedy at law is inadequate. 

(b) A receiver may be appointed to oversee or operate any hazardous 

waste facility or site which is established or operated in violation of this 

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

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

(4) PAYMENT TO HAZARDOUS WASTE EJ\iIERGENCY ACCOUNT. 

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

(3) of this section and any moneys paid to settle any enforcement proceed. 

ing instituted under section 39-4413, Idaho Code, shall be paid into the 

hazardous waste emergency account created by section 39-4417, Idaho 

Code. [I.C., § 39-4414, as added by 1983, ch. 154, § 1, p. 416; am. 1984, ch. 

157, § 1, p. 383.] 

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403 HAZARDOuS WASTE MANAGE2\IENT 39-4416 

39-4415. Violations constituting misdemeanors. - (1) Any person 

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

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

chapter shall be guilty of a misdemeanor and subject to a fine of not more 

than ten thousand dollars ($10,000) or to imprisonment not to exceed one 

(1) year, or to both, for each separate violationor for each day of a continuing violation. 

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

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

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

be guilty of a misdemeanor and subject to a fine of not more than ten 

thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or 

to both, for each separate violation or for each day of a continuing violation. 

(3) An action may be commenced and prosecuted by the attorney general. The director shall not be required to initiate or prosecute an administrative or civil action before the attorney general may commence and prosecute a criminal action. [LC., § 39-4415, as added by 1983, ch. 154, § 1, p. 

416; am. 1984, en. 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 

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

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

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

not less than one thousand dollars ($1,000) or in conformance with the 

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

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

the department has commenced and is diligently prosecuting an administrative, civil, or criminal action to require compliance with the law. Further, no action may be commenced under subsection (1) of this section 

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

substantial evidence of the violation upon which the citizens' action is 

based. However, if the department commences an action in a court of the 

state of Idaho, any interested person may intervene as provided in rule 

24(a) of the Idaho Rules of Civil Procedure. 

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

matter of right. 

(4) When issuing any final order in any action brought pursuant to this 

section, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any prevailing party, whenever the court 

determines such an award is appropriate, except that the state of Idaho 

shall not be required to pay such costs in any citizen suit where the state 

has become a party. 

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39-4417 HEALTH Al,\;D SAFETY 404 

(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; am, 1993, ch. 291, 

§ 7, p. 1082.] 

Compiler's notes. Sections 6 and 8 of S.L. 

1993. ch. 291 are compiled as §§ 39-4411 and 

39-4427, respectively. 

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

hereby created an account in the agency asset fund in the state treasury to 

be designated the hazardous waste emergency account. I 

(2) The account shall consist of moneys appropriated to the account by 

the legislature, moneys allotted to the account as a result of departmental 

compliance proceedings, moneys allotted to the account in a court ordered 

award or judgment, moneys allotted to the account in a court approved 

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

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

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

environment caused by that emergency. 

(4) The board may promulgate regulations for the withdrawal and use of 

funds from the account as specified in subsection (3) of this section. 

(5) All moneys placed in the account are hereby perpetually appropriated to the department for the purposes described iri subsection (3) of this 

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

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

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

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

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

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

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

in § 39-4414. 

39-4417A. [Reserved.] 

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

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

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

(2) The account shall consist of: 

(a) Moneys appropriated to the account; 

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

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

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

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

following purposes: 
405 HAZARDOUS WASTE MA1~AGE:VIENT 39-4420

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

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

wastes; 

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

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

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

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

improperly packaged or handled hazardous waste or the alleviation of 

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

such emergencies or spills. . 

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

which the department deems necessary to prevent, minimize or mitigate 

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

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

p. 627.] 

Compiler's notes. Sections 2 alld 4 of S.L. compiled as §§ 39-4410 and 39-4426, respec1984, ch, 205 are compiled as §§ 39-4410 and tively. 

39-4426. respectively. Sec. to sec. ref. T}...i3 section is referred to 

Sections 1 and 3 of S.L. 1986, ch. 231 are in § 39-4432. 

39-4418. Local government notice. - A permit for a new hazardous 

waste land disposal facility or site shall not be issued until the department 

has given ninety (90) days' notice to the board of county commissioners of 

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

§ 39-4418, as added by 1983, ch. 154, § 1, p. 416.J 

39-4419. Interstate cooperation. - The director shall have the power 

and the duty to encourage cooperative activities between the department 

and other states for the improved management of hazardous wastes, and so 

far as is practical, to provide for uniform state regulations and for interstate agreements relating to hazardous waste management. The state may 

enter into such agreements with other states to accomplish the purposes as 

set out in this chapter. [I.C., § 39-4419, as added by 1983, ch. 154, § 1, p. 

416.] 

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

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

site shall be dismissed, suspended, or otherwise discriminated against because the employment testifies, provides information or otherwise assists 

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

(2) Any employer who knowingly violates the provisions ofsubsection (1) 

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

addition to any other liability for relief authorized by this chapter, by any 

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

154, § 1, p. 416.] 

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39-4421 HEALTH AND SAFETY 406 

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

provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or 

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

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

up or dispose of any such leakage, seepage or other release, shall be subject 

to civil liabilities or penalties of any type. 

(2) The immunities provided in subsection (1) of this section above shall 

not apply to any person: , 

(a) Whose act or omission caused in whole or in part such actual or 

threatened leakage, seepage or other release and who would otherwise be 

liable therefor; or 

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

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

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

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

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

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

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

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

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

act. [I.C., § 39-4422, as added by 1983, ch. 154, § 1, p. 416.] 

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

Compiler's notes, § 39-4401.
 

39-4423. Disposal of restricted hazardous wastes prohibited. ­

(1) Notwithstanding any other provision of law to the contrary, no person 

shall discharge, deposit, inject, dump, spill, leak, or place any restricted 

'hazardous waste, as defined in section 39-4403, Idaho Code, into or on any 

land or water at a commercial hazardous waste facility or site. 

(2) The department may issue a variance from the requirements of subsection (1) of this section, if, in the judgment of the director, application of 

the requirements would cause undue hardship and the granting of the 

variance would not be harmful to the public interest or inconsistent with 

RCR..-\ requirements. In issuing the variance, the director shall take into 

account: 

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

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

the first instance; and 

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

of such hazardous wastes and their hazardous constituents. 

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

levels or methods of treatment, if any, which substantially diminish the 

toxicity of the waste or substantially reduce the likelihood ofmigration of 

hazardous constituents from the waste so that short-term and long-term 

threats to human health and the environment are minimized. 
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407 HAZARDOUS WASTE MA.:.'l'AGE~IENT 39-4426 

(b) If such restricted hazardous waste has been treated to the level or by
 

a method specified in regulations promulgated under this subsection,
 

such waste or residue thereof shall not be subject to the prohibition in
 

subsection (1) of this section and may be disposed of in a land disposal
 

facility which meets the requirements of this chapter. [LC., § 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.
 

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

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

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

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

produce heat is otherwise lawful. [LC., § 39-4424, as added by 1989, ch. 

253, § 2~ p. 626.J 

Compiler's notes. Section 1 of S.L. 1989, Section 3 of S.L. 1989, ch. 253 declared an 

ch. 253 is compiled as § 39-"4403. emergency. Approved March 29, 1989. 

39-4425. [Reserved.] 

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

of health and welfare shall assign a sufficient number of employees and 

equipment to inspect hazardous waste facilities or sites permitted under 

section 39-4409, Idaho Code, and located in Idaho where disposal of hazardous waste occurs for the purpose of assuring the protection of the health 

and safety of the public by monitoring the receipt and handling of hazard-: 

ous wastes which have been transported by common carrier. 

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

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

department and the public utilities commission for the purpose of collecting 

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

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

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

section 49-22202 [49-2202J, Idaho Code. All moneys collected by the department's employees as agents of the Idaho transportation department and the ~1

public utilities commission shall be remitted to the state treasurer for de­ j 

posit in the proper account as provided by law. , (3) All employees of the department designated pursuant to subsection 1

I 

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

violations pursuant to this chapter, violations pursuant to title 61, Idaho . ·1 

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

rules and regulations issued pursuant to any of the aforementioned code I 

sections. 

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

and regulations promulgated pursuant thereto shall be brought as provided .. 
39-4427 HEALTH AND SAFETY 408 

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

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

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

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

Compiler's notes. The bracketed refer­ Sections 568 and 570 of S.L. 1988, ch, 265 

ence "49-2202" in subsection (2) was inserted are compiled as §§ 39-4410 and 40-70l. 

by the compiler. Section 586 of S.L. 1987, ch. 265 provided 

Section 3 of S.L. 1984, ch. 205 is compiled that the act should become effective on and 

as § 39-4417B. after January 1, 1989. 

Sections 2 and 4 of S.1. 1986, ch. 231 are 

compiled as §§ 39-4417B and 49·2201 

49-2212, respectively. 

39-4427. Hazardous waste disposal fee. - (1) On and after July 1, 

1992, there is imposed on the owner or operator of every commercial hazardous waste disposal facility or site permitted under section 39-4409, 

Idaho Code, a fee of twenty-six dollars ($26.00) per gate ton, or fraction 

thereof, on all materials disposed of at the facility or site, and, on and after 

January 1, 1993, the fee shall be thirty dollars ($30.00) per gate ton, or 

fraction thereof, on all materials disposed of at the facility or site. 

(2) The fees set forth in subsection (1) of this section shall not apply to 

any of the following types of wastes: 

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

operating a household hazardous waste collection program; C1

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

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

section must be noted as fee-waived waste on the return required in section 

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

39-4429, Idaho Code. [IC., § 39-4427, as added by 1984, ch. 205, § 5, p.: 

502; am. 1992, ch. 251, § 1, p. 735; am. 1993, ch. 291, § 8, p. 1082.] 

Compiler's notes. Section 7 of S.L. 1993, Sec. to sec. ref. This section is referred to 

en. 291 is compiled as § 39-4416. in § 39-4429. 

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

section 39-4427, Idaho Code, shall be due and payable in monthly installments by the owner, agent, employee, or operator of such hazardous waste 

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

health and welfare on or before the fifteenth day of the month next succeeding the end of the monthly period in which the fee accrued. The owner, 

operator or designated employee or agent of the hazardous waste facility or 

site, on or before the fifteenth day of the month, shall make out a return, 

upon such forms setting forth such information as the department may 

require, .showing the amount of the fee for which the owner or operator of 

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

period, and shall sign and transmit the same to the department, together C)f

with a remittance for such amount in the form required. 

(2) The department .may relieve any person or class of persons from the 

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

other reporting periods, but in no event shall returns be filed for a period ·1':." •t­
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409 HAZ.-\RDOUS WASTE MA1'l'AGE~IENT 39-4431 

greater than three (3) months. [I.C., § 39-4428, as added by 1984, ch. 205, 

§ 6, p. 502.] 

39-4429. Books and records to be preserved - Entry and inspection by department of health and welfare. - Every person or entity 

subject to the imposition of the fees specified in section 39-4427, Idaho 

Code, shall keep complete and accurate records, including itemized invoices 

and manifests for federally regulated types and quantities of hazardous 

waste ultimately disposed of at a hazardous waste facility or site in Idaho. 

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

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

five (5) years from the date of the records or the date of the entries appearing in the records, unless the department in writing, authorized their destruction or disposal at an earlier date. For purposes of this act, at any time 

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

employees, may enter any place of business of the owner or operator of a 

hazardous waste facility or site where hazardous wastes are disposed and 

inspect the premises, the records required to be kept under this chapter, 

and the hazardous wastes or other chemicals contained therein, to determine whether or not all the provisions of sections 39-4427 and 39-4428, 

Idaho Code, are being fully complied with. Trade secret information obtained by the department under the provisions of this section shall be 

treated in the same manner as such information obtained under section' 

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

employees is unreasonably denied free access or is unreasonably hindered 

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

or site, that hindrance or interference shall constitute grounds for suspension or revocation of the facility or site's permit by the director of the 

department of health and welfare under subsection (b) of section 39-4413, 

Idaho Code. [LC., § 39-4429, as added by 1984, ch. 205, § 7, p. 502.] 

"Water" and "Chemical" Distinguished. water should not be considered to be a "chemThe legislature has indicated by its use of ical." Moosman v. Idaho Horse Racing 

the word "chemical" in several statutes that Comm'n, 117 Idaho 949,793 P.2d 181 (1990>. 

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

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

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

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

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

additions, penalties and requirements and shall, for this purpose, be described and be for acts, omissions, delinquencies, and requirements under 

this chapter. [I.C., § 39-4430, as added by 1984, ch. 205, § 8, p. 502.] 

39-4431. Collection and enforcement. - (1) The collection and enforcement procedures available to the Idaho state tax commission provided 

by the Idaho income tax act, sections 63-3030A, 63-3038, 63-3039, 63-3040, 

63-3042 through 63-3045A, 63-3047 through 63-3065A, 63-3068, 63-3070, 

63-3071, 63-3072, 63-3073 and 63-3078, Idaho Code, as they now exist or as 

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39-4432	 HEALTH AND SAFETY 410 

they may subsequentlybe amended, shall apply and be available to the 

department of health and welfare for the enforcement of the hazardous 

(	 waste disposal fee and for the assessment and collection of any amounts due 

thereunder. Said sections shall, for the aforementioned purposes, be considered part of this act and wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied in enforcement or collection under this act, be described as hazardous waste 

disposal fee liens and proceedings. 

(2) The department of health and welfare may be made a party defendant in any action at law or in equity by any person aggrieved by the 

unlawful seizure or sale of his property, or in any suit for refund or to 

recover an overpayment, but only the state of Idaho shall be responsible for 

"any final judgment secured against the department of health and welfare 

and said judgment shall be paid or satisfied out of the hazardous waste 

disposal fee refund account. [I.C., § 39-4431, as added by 1984, ch. 205, § 9, 

p. 502.] 

Compiler's notes. Secticn 63·3070 re­


ferred to in this section was zepealed by S.L.
 

1989, en. 363, § 2.
 

39-4432. Distribution of hazardous waste disposal fee revenues. 

- The revenues received from the fees imposed by this chapter and any 

penalties, interest, or deficiency additions, shall be paid over to the state 

treasurer by the department to be distributed as follows: 

(1) An amount of money to maintain the hazardous waste disposal fee 

refund account, which is hereby created, and from which all refunds authorized to be paid by this act shall be paid, at a monthly balance of ten 

thousand dollars ($10,000) or at such greater sum. as in the opinion of the : 

department may be needed to meet reasonable requirements imposed on 

the hazardous waste disposal fee refund account. 

(2) The balance remaining with the state treasurer "after deducting the 

amounts in (1) above, shall be remitted periodically but no less frequently 

than quarterly as follows: ninety-five percent (95%) shall be remitted to the 

hazardous waste training, emergency and monitoring account created in 

section 39-4417B, Idaho Code, and the remaining five percent (5%) shall be 

remitted to the county treasurer of the county or counties where the activity occurred which caused the fees to be assessed pursuant to this chapter. 

Moneys shall be apportioned to the counties in the same proportional manner in which they were collected. Moneys returned to counties shall be 

utilized by the county to respond to health and environmental problems 

which may be caused by hazardous waste emergencies or spills, or improperly handled or packaged hazardous waste. [I.C., § 39-4432, as added by 

1984, ch. 205, § 10, p. 502; am. 1989, ch. 419, § 1, p. 1023.] 

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.·· . 

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