# •

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 ofthe

. 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 orsuggestedimprovements oradditions you will find postpaid cards. in the back of the 1996 ReplacementIndex Volumes. 

# !I Place this supplement in the pocket ofthe corresponding volume of the set

.......: .-:··.;i .. :

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

-. . • _._ .•**~I{r:I·::** _0

. :. ::J;, .' -': :39-4203 HEALTHAND SAFETY 120

. with the American National Standards Institute (ANSI) Standard A119.2 for Recreational Vehicles; or (2) Any new parktrailerthat is notmanufacturedin 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 RecreationalVehicles.or park trailers which meets theANSIAI19.5 Standardfor 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 primarybusiness 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 ofhealth and welfare or the director's authorized agent. (5) "Disposal" means the discharge, deposit, injection,dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent 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 ofthe waste by the facility. (7) "Generator" means any person, who by virtue ofownership, 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.
1ns any hazardous szorags or disposal,**~nerated** off site 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 orcombination ofwastes of a solid; ,**:',:~.;."':** liquid, semisolid, or contained gaseous form which, because ofits

### 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 incapacitatingreversible illnesses; or**.,:~~<:** (b) Pose a substantial threat to human health or to the environment if

.**'_:~'~** improperlytreated, 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- /;(:, . rio genic properties but do not include solid or dissolved material in ",,:,

, domestic sewage, or solid or dissolved materials inirrigation 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·** 'EnergyAct of 1954, as amended, 42 U.S.C., Section 2011 et seq. '. (9) "Hazardous waste management" means the systematic control ofthe". 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 ofhazar

.**:';,~** 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 ofthe 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 anywaste orwaste item which is not includedin 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 RecoveryAct 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.

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

39-4407. Identification ofhazardous 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 provisionofrelevant 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 ofa 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 orwhich 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 madepublic, .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, orauthorized representative ofthe:: :.;::;t,·

· state or the United States, as necessaryto 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** ofthe 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.'.:" • .

### < .; . "**.:>/o:;.~~;[:!~~~:** , . ';I •

: 0 ••**~:(a)** The types and quantitiesofhazardous 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· or

## '~'~i~a.-Jj~ ..

## ~S.~.~i~,.~~~te.~i.;;~~**_~~~~~ed f~:-** 

# ..**di~posal tr~a"tm.**  ou S1 e s te

..:, .,'

. '." '.

.. . -' ., ;."',':;"', jll!

.. (5) Effective**Janu~** 1,1996, the operator ofeach commercial**h~~d~w"':~;'€::D~** waste disposalfacility or site inthe state shall, no laterthanthirty(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 yearthe 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, thetype's andquantities ofsuchwastes remainingin storage atthe·;;;' .".

end of the' most recent reporting period and the types and quantities of .. _. hazardous waste generated outside this state and shippedinto this statefor**.~** .':

· 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~~**,~::~~, ~o** **r~.~ .~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 ofmoneys 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, ormitigatinganythreattothepublic.healthorsafety;orto the**. ~ :~~**  " ..' 'environmentcaused-by that emergency.'>**"U;:-"'d"::(~;:' "'':;':~''."'."i-:** **,"i-;;;"'-~:~:::;':~l ;'·"·~i**  

# ":(4) The board .maypromulgate

## regul~ti~~"f~;th~":ifu~~~~~'~d**.~~ :~:t~.**  ,.:

.\.with t**:o:":~'hazar(**

# 'S';{~j:~~';**~ell;=l!;E:== EE~~l~i~E~£r"i**  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 afterthefirst 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 definedby RCRAor'section39-4407, 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 ofS.L. 1994, ch. 

### iso provided:

.**~:** act shall be in full force and effect on**:-~** :':and afterthefirstMonday

### of Januaiy, 1995, if**:ff~** the state board of canvassers has certified '**:~'** thatan amendmentto the Constitutionofthe '1'**~tate** ofIdaho has been adopted at the gen- " 

# 'i.
'.eralelectionof 1994to changethenameofthe**'.~**



### : paragraph (a) ofthis.subsection: twenty-five dollars ($25.00) pergate ton .:

..**~:';j.** or fraction thereofdisposed ofat the facility 'or site;' :

..,';'. ,,:;' -.:

. ,,:**:~~**

r • •**i~~'** '.

-0- • !?- ...•..•:. . • '

•

.. '"

. '"

....... 'f'

- " ...,4...• ". 125

. . (c) •

. ::tion

, (2) I ofthe

. (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,

) arespecided:

, :t on**~5,** if

i .ified**~;,** fthe <gen­

. fthe

y 1,

.cial W9,

ide: the
een five (or

in ton . 125

. IDAHO HEALTH PLANNINGACT l":39-4901·

..

# ;>\::



# .. ':,. .: ;,

....**~~"'~',~...** 

# .:,;::.',.:**>~"" ':"</>~;>:**  

# ", .X:·:'.' '''',**'\r7:'<:~'"** < , ',; .'::**':")-.'}~~~;'** (c) All other waste'not defined in'paragraphs" (a) 'arid,:(b) ofthis**'subse~5;.'i~~"::':ii** .: tion: five dollars ($5.00) per gate ton or fraction thereof ..'.:",:':**"-,:,_.<,,,,~** .::':'**:'~::V.:.;,:~'** - (2) Thefees setforth insubsection(1) ofthis sectionshallnotapplyto any**,~: ~:t;~;** 

, ofthe following types.ofwastes: "::':

. ;'.:'**.",~"** ,.**:::'::;:f:~'::,:~r:;:'\":f',:** ",}:, :.""';'**"~'·.:7:/~,:** (a) Wastes generated or disposed ofby a public agency

# orotherperson :**"?~'~**

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

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

## .,'

.Any waste for which the fees are waived Under the**~proVisio~** of this:,':**~';:;£~~** .: section mustbe 'noted as fee-waived waste on'the returnrequired 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, wastedisposal facility or site penmtted tinder"

### .,::i~:~~

section 39-4409, Idaho Code, thedirector, pursuanttoaWritten 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 facilityor site

....: T-:,'f [I.C., § 39-4427, as addedby 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; .:

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. am. 1995, ch. 127, § 1, p. 856.]**,',,-~L:**

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.•.•'. l':'.**.~** .. 39-4501. Short title•.

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... :. :;CHAPTER 49**",~::** '. :.:':..­ . 'IDAHO HEALTH PLANNINGACT

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SECl'ION. , . 8EcTION.

. : .:.' ':- ",,­ 39-4901. Purpose and policy. " . 39-4904. Judicial review. 39-4902. Definitions. ". ",

.. . . :-. .". .:**.~:.!** '.-­ 39-4903. Cooperative agreements .:..: Certifi- ': ' ,', ;:': cation. '.-' .' ::. '.,' .

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.1 '.

_., duplication of services'orthe introduction ofnew categories ofservices that
are notnecessaryto theirhealth. Itis furthertheintent ofthelegislature to promote cooperation among health care providers.in health planning activities and to provide access to necessary care for all who require it. Itis

. . ... .: .. "**,~** ..

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# 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 ofthe Idaho Code Commission



### PHILLIP M. B.-illBER B. NEWAL SQUYRES, 

### JR. M. ALLYN DINGEL, JR.
CONThtIISSIO0fERS lVIA.:X M. S1:i rFILS, 

### JR.**EXECu~~~SECRET_~Y** 

# I

I 

### VOLUME SEVEN A. 

# I.
THE MICHIE**COMPA.L~-Y** 

### Law Publishers 

# I CHARLOTTESVIU'::, VIRGINIA 

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# I: i. , -.! 

# o**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 behalfof 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 con

### CHAPTER 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 addedby 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 ofproper 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· I

# •••**:"~.::."**



## - .-"" "­ 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 ofthe 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 ofwastes 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 ofhazardous 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 ofIdaho 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 ofhazardous wastes. The legislature cannot conveniently or advantageously set forth in this chapter all the require­ ments ofall ofthe regulations which have been or will be established under RCRA. However, by the provisions ofthis chapter, the legislature desires to avoid the existence of duplicative,**ov~pping** or 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 ofwaste 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 ofthe 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 30**·~·'O.d..** l OS3

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...-=-:**_~** as aaae_ ., d by oJ ,C.:l. . 1-d, _0**_~..** S 1 r p. d. 16· ,a.T!l.**la~6**

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.... 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 ofthe**e::.viro~en21.** pro­
• -. • 1 Q03;.

- ""

__6 s·,,- • _ i tec::ion ag'!nC"!. ": and in the present iif"Jl sen­ amenae-:x oy two ac:s CZl. • 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,

. -PO The 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" pre­39-4405 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 ofhazardous 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 ofhazardous 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 ofthose wastes or combinations ofwastes 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 ofthis 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 ofthe 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) ofthis 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 ofthe facility
or site rather than the builder shall be responsible for obtainingthe 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 ofinterests 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 promulgatedpursuant 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 thejudgment of the director, application of the requirements would cause**~bl~_._._ hardsh~E-and**  the granting of a variance would not be harmful to the public
--.: -_.-- ._-_.­ interest or inconsistent with RCRA requirements. A variance shall not exceed one (1) year in duration and may be renewed or extended only after the department provides public notice and an opportunity'for public comment.39-4409 HEALTH A..l\iD SAFETY 394 (8) (a) The director ofthe 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 ofhazardous 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 ofhazardous 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 ofhazardous waste. The rules and regulations shall be 

# i consistent with the rules and regulations issued by the United States department oftransportation and the United States environmental protection agency. The rules and regulations shall also be consistent with the rules and regulations ofthe Idaho public utilities commission unless such consis

# J I tency would impairthe primacy or the effectiveness ofthe state's hazardous waste management program. In that case the board shall confer with the commission and endeavor to develop mutually acceptable transportation rules and regulations. Ifmutually acceptable rules 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 offederally 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 offsite be accompanied by a manifest or-similaI=----fG.Fm-describing the hazardous waste being shipped and its destination; (iii) A copy ofeach 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 ofthis chapter. These

rules may include, but shall not be limited to, prescribing procedures and requirements for: (a) The establishment, maintenance, and format of records and reports; (b) The submittal of records and reports; (c) The taking of samples and the performing of tests and of analyses; (d) The use of approved monitoring methods and techniques; (e) The installation, calibration, use, and maintenance of monitoring equipment; and 

### (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 ofthe department, under any provisions ofthis chapter, shall be available to the public, unless the information, or parts thereof, ifmade 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 ofhazardous 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 ofhazardous 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 ofthe United States and article I, section 17, ofthe constitution ofthe state ofIdaho. The state shall not, under the authority granted by this chapter, conduct warrantless administrative searches 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 ofconveyance 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 ofhazardous 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 ofinspection. [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 ofreceipt ofthe notice of violation by the person to whom it is directed.

< (b) Scheduling Compliance Conference. Ifa recipient of a notice of viola­
«: tion contacts the department within fifteen (15) days of the receipt of notice, the recipient shall be entitled to a compliance conference. The conference shall be held within twentv



# - (20) davs of the date of receipt of

. .... notice, unless a later date is agreed upon between the parties. Ifa 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 ofviolation 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. Ifthe recipient and the director agree on a plan to remedy damage caused by the alleged violation and to assure future compliance, they may enter into a consent order formalizing their agreement. The consent order may include a provision for payment of any agreed civil penalty. (d) Effect of Consent Order. A consent order shall be effective 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) ofthis 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

! i .I I I j

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. 

### , 

# ,;

,.
, 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

orrevocation action by giving a permittedparty a written notice ofintent to suspend or revoke. The notice shall inform the permittedparty offacts
or conduct which warrant .suspension or revocation of the permit. The notice, hearing, and record requirements for contested cases contained in the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and subsection (A)(2)(c) of this section shall apply to proceedings initiated under this subsection. Revocation or suspension of a permit shall become final fifteen (15) days after delivery of the notice of intent to revoke or suspend unless the permitted party requests a hearing. (c) Administrative Hearing Provisions. (i) Upon a timely request by a permit holder for a hearing to review the director's action under subsection (A)(2)(b) ofthis section, the director shall promptly conduct 

## a hearing open to the public. The contested
case provisions ofthe Idaho administrative procedure act shall apply to all hearings conducted under this subsection. (ii) The director shall have the authority to request from the district court in and for Ada county or any other appropriate district court the issuance of an order in the nature of a subpoena compelling the attendance and testimony of witnesses and the production before the director ofpapers, 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 ofthis chapter or with any rule, regulation, permit or order promulgated hereunder, and for any reliefor remedies authorized in this chapter. The director shall not be required to initiate or prosecute an 

# I

I ·1



# I 

# I I I 

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..

j 

## i 

# .1 I

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1i 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.** Ifthe owner or operator is in bankruptcy, reorganization or other arrangement pursuant to the federal bankruptcy code, or wherejurisdiction cannot be obtained over an owner or operator likely to be solvent at the time ofjudgment, 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 ofthis chapter or any permit, standard, regulation, condition, requirement or order issued or promulgated pursuant to this chapter more than two (2) years after the director had knowledge or ought: reasonably to have had knowledge of the violation. [I.C., § 39-4413, as 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 

# . :(B j

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..

·'ti·

. i 

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, s39-4414 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 oftrial 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 sitewhich 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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. f:'; 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 ofcomplying with the provisions ofthis chapter shall be guilty of a misdemeanor and subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment not to exceed one (1) year, or to both, for each separate violationor for each day ofa 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, ifthe 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 oflitigation, 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:HAZARDOUS WASTE**MA1~AGE:VIENT** 39-4420 405
(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 ofindividuals or contracting with individuals or corporations to respond throughout the state to health and environmental problems which maybe 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 addedby 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 ofhazardous 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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i! H d .139-4421 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) ofthis 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 ofthis act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions ofthis 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 thejudgment 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 ofmanaging hazardous wastes in an appropriate manner in the first instance; and (c) The persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents. (3) (a) The board shall promulgate rules and regulations specifying those levels or methods of treatment, if any, which substantially diminish the toxicity ofthe 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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...-="­**~.,­** 1<. 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 ofthis 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 ofhazardous waste occurs for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling ofhazard-:
ous wastes which have been transported by common carrier. (2) The employees ofthe department ofhealth 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 ofcollecting regulatory and registration fees pursuant to sections 61-811 and 61-812, Idaho Code, and for collecting fees and permits pursuant to chapter 4, title 49, Idaho Code, which fees have not otherwise been lawfully paid by 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 ofthe 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) ofthis 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 ofthe provisions ofthis 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 oftitle 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; 

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(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 ofthe month next succeeding the end of the monthly period in which the fee accrued. The owner, operator or designated employee or agent ofthe 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 

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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 

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# f····· 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.

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### 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 ofthe records or the date of the entries appearing in the records, unless the department in writing, authorized their destruction or disposal at an earlier date. For purposes ofthis act, at any time during usual business hours, the department or duly authorized agents or employees, may enter any place of business of the owner or operator of a hazardous waste facility or site where hazardous wastes are disposed and inspect the premises, the records required to be kept under this chapter, and the hazardous wastes or other chemicals contained therein, to determine whether or not all the provisions of sections 39-4427 and 39-4428, Idaho Code, are being fully complied with. Trade secret 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. Ifthe 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 t.:

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# I39-4432 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 ofany 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 ofIdaho shall be responsible for

"any finaljudgment secured against the department of health and welfare and saidjudgment shall be paid or satisfied out of the hazardous waste disposal fee refund account. [I.C., § 39-4431, as 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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