1.0
 

PROGRAM DESCRIPTION·
 
PROGRAM DESCRIPTION
 

I. BACKGROUND
 

In. 1983, the Hazardous Waste Management Act (HWMA) was promulgated by the Idaho 

legislature. This was the enabling legislation for the proper management of hazardous waste 

in Idaho. HWMA was amended in 1984, 1986 through 1991, 1993 and 1994 to include 

provisions necessary to maintain the State's equivalency to the federal program (Appendix I). 

This legislation provided the authority for promulgation of hazardous waste rules and 

standards by the Idaho Board of Health and Welfare. 

The Idaho Administrative Rules governing hazardous waste are entitled, "Rules and Standards 

for Hazardous Waste, IDAPA 16, Title 01, Chapter 05." The first set of State regulations 

became effective on January 1, 1985. Subsequent annual rule updates, corrections and 

emergency rules have been promulgated since that time (see Appendix II). 

HWMA instructed the Board of Health and Welfare to promulgate rules and standards which 

are in substance consistent with RCRA regulations but no more stringent nor broader in 

scope. To qualify to meet the standards of equivalency and consistency with the federal 

program, Idaho incorporates by reference delegable federal regulations in 40 CFR Parts 124, 

260-266, 268, 270, and 279. 

On April 9, 1990 Idaho was granted final base authorization for those non-HSWA (Hazardous 

and Solid Waste Amendments) and HSWA requirements promulgated as of July 1, 1987 and 

interim authorization for the HSWA Corrective Action provisions promulgated as of July 1, 

.	 1987. Final authorization for those HSWA Corrective Action provisions was granted on June 

5; 1992. On August 10, 1992 Idaho was granted final authorization for those HSWA and 

non-HSWA provisions promulgated as of July 1, 1990. Appendix III contains a table 

illustrating Idaho's RCRA program authorization status. 

II.	 SCOPE, STRUCTURE, COVERAGE, AND PROCESSES OF THE IDAHO PROGRAM 

[40 CFR § 271.6 (a)] 

Idaho intends to continue to operate a hazardous waste program that is consistent with the 

Federal program. Accordingly, the Hazardous Waste Rules and Standards were amended 

(Appendix II). Annually, the Idaho Board of Health and Welfare has adopted by reference all 

delegable federal requirements so the Idaho Hazardous Waste Rules and Standards, IDAPA 

16, Title 1, Chapter 5, remain consistent with RCRA. These documents and the Revised 

Attorney General's Statement (Appendix IV) support coverage for all delegable RCRA 

requirements itemized in Appendix V, Reference Guide to Cluster Adoption. 

The scope of this program revision includes the requirements of RCRA Clusters I, II, and III 

(Appendix V Reference Guide to Cluster Adoption). This Program Description (PD) is in 

addition to the Revised PD submitted in December 1991 which amended the original PD 

submitted in July 1988. The format of this document consists of appendices that contain 

improvements to Idaho's RCRA program, which are pertinent to this revised authorization 

package. RCRA Revision Checklists from the State Authorization Manual have been 

excluded to avoid redundancy with the Attorney General's Statement and to eliminate 

approximately .120 pages of duplicative information. This format will allow for a streamlined 

approach to future program revisions. 

Idaho Revised Authorization Application
 

December 1994
 

1 
A. State Regulatory Equivalency 'C 

Idaho has maintained regulatory equivalency with the federal RCRA program by 

incorporating by reference all delegable hazardous waste regulations revised as of July 

1, 1990 up to July 1, 1993. Appendix II contains the Idaho Hazardous Waste Rules 

and Standards applicable through RCRA Clusters I, II, and III. The Revised Attorney 

General's Statement (Appendix IV) contains a comparison of EPA's 40 CFR citations 

and Idaho's equivalent state rules. Reference to IDAPA citations now include a 

period after the chapter; in the past the period was excluded. 

B. Organization and Structure [40 CFR §§ 271.6 (b)] 

DEQ's central office is located in Boise, Idaho. Six DEQ regional offices are situated 

in geographically distinct areas: Coeur d'Alene in the panhandle of north Idaho, 

Lewiston in north central Idaho, Idaho Falls in eastern Idaho, Pocatello in the 

southeast, Twin Falls in south central Idaho, and Boise in the Southwest. DEQ is 

organized into four divisions: Planning and Evaluation, Permits and Enforcement, 

Community Programs, and Support Services. The Permits and Enforcement Division 

is responsible for carrying out those functions associated with the RCRA hazardous 

waste program. 

Changes in DEQ's internal structure have been implemented since the last revision 

package was submitted in- December of 1991. Appendix VI represents the current 

organization for the four divisions within DEQ's Permits and Enforcement Section. 

The organizational changes have allowed DEQ to align with EPA's policy on multimedia efforts. The Hazardous Materials Bureau referred to in earlier authorization 

packages has been diversified by organizing staff in a functionally oriented fashion. 

The Bureaus reflected in the organizational charts are charged with performing 

specific functions, such as Operating Permits or Enforcement Bureau. The 

reorganization did not impact the DEQ's responsibility to implement Idaho's RCRA 

program. 

o 

C. Staff Job Descriptions [40 CFR §§ 271.6 (b)(l)] 

There are no new staff positions which require job descriptions for revision 

application purposes. Several title changes have been enacted; however, the duties 

associated with these positions remain unchanged. The organizational chart in 

Appendix VI includes these changes. 

D. State Agency Staffing and Funding 

Idaho's RCRA program currently consists of 12.95 FTE that are utilized to implement 

the program. The federal government provides approximately fifty-one percent (51%) 

, of the funding for these positions. Federal RCRA funding is allocated for 

approximately 6.60 FTE. DEQ's RCRA program will continue to focus foremost on, 

permitting, corrective action, and compliance and enforcement efforts. Appendix VI 

contains the organizational charts for DEQ permits and enforcement including RCRA 

staff positions. ' 

Idaho Revised Authorization Application 

December 1994 

2 
E. Training 

Continual staff training is a key element of the State program as RCRA regulations 

evolve. Training with emphasis on technical criteria, regulations, policies, 

interagency issues, etc., is scheduled on an as-needed basis. Appendix VII contains 

examples of training sessions attended by members of the RCRA staff during the 

time-frame applicable to this revision package. 

In addition to technical training, applicable RCRA program staff are trained in 

accordance with the State of Idaho, Worker Health and Safety Program which 

includes training in the use of personal protective equipment and the requirements of 

29 CFR 1910.120. . 

F. Program Funding [40 CFR §§ 271.6 (b) (2)& (3)] 

Idaho's RCRA program operates on $790,580 according to FY 94 Work Plan and 

. Idaho's Application for Federal Assistance - Hazardous Waste Management RCRA. 

In 1994, the DEQ received approximately fifty-one percent (51%) of RCRA program 

funding through an EPA grant. The federal RCRA grant amount of $401,419 has 

remained the same for the last three years. Forty-nine percent (49%) of the RCRA 

program funding is comprised of fees assessed mainly on hazardous waste disposed at 

commercial TSD facilities and minimally from TSD Siting License applications. Fees 

collected are managed in the Hazardous Waste Management Account. Hazardous 

Waste Disposal fees utilized to support the operation of Idaho's authorized RCRA 

program totalled $389,161 in 1994. 

G. Ancillary Staff Support 

Ancillary support of the RCRA program is provided by DEQ's Support Services 

Division. This Division supports all programs within DEQ and receives partial 

funding through the current indirect rate of fifty-eight percent (58%) assessed on all 

federal grants. Also, DEQ is assigned 7.33 FTE attorneys through Idaho's Office of 

Attorney General for all programs. The RCRA program is specifically allocated 

approximately 1.5 FTE attorneys. 

H. Operational Procedures [40 CFR §§ 271.6 (c)] 

1. Scope of Regulated Community [40 CFR §§ 271.6 (g)&(h)] 

The estimated number of hazardous waste or used oil handlers in Idaho is 

delineated in Appendix VIII. These numbers are based on receipt of 

hazardous waste or used oil notification forms by EPA or DEQ through 

. accessing the RCRA Informational System (RCRIS).· Regtilated used oil 

generators are not required to notify for generator activities; an-estimation of 

this group is also provided in the appendix. The number of used oil handlers 

that notify are expected to increase as outreach efforts continue. 

The actual number of handlers which correspond to the categories listed will 

remain variable due to changes in production practices, new handlers notifying 

of hazardous waste or used oil activity, clean-up programs, and many other 

market variables. . 

Idaho Revised Authorization Application 

December 1994 

3 
c The treatment, storage, or disposal facility (TSD) category is used by those 

hazardous waste handlers whose activities require a RCRA permit. 

Appendix VllI also contains information regarding quantities of hazardous
 

waste managed within the State of Idaho for the calendar year 1994. This
 

information was obtained from the 1994 Hazardous Waste Annual Report.
 

2. Hazardous Waste Handler 

Hazardous Waste Handler procedures are now referenced in the RCRIS 

Memorandum of Understanding (1991) (MOU) and the RCRIS Standard 

Operating Procedures (SOPs). Appendix: IX contain RCRIS SOPs updated 

since submission of the last revision package. When the RCRIS MOU is 

updated it will be included in a future revision package. 

3. Manifesting [40 CFR §§ 271.6 (f)] 

The EPA National Uniform Manifest Form is used, including any subsequent 

revisions. Idaho adopts manifesting instructions by reference. There are no 

changes to this procedure. 

4. Inspections [40 CFR §§ 271.6 (d)] 

Most changes in the inspection process can be found in the applicable 

appendices when the HWMA Civil Penalty Policy, Compliance/Enforcement 

Strategy, Compliance Assurance Agreement and other documents are updated. 

RCRA inspection results are detailed in the required inspection reports. The 

inspection report is derived from the inspector's facility visit, supplemented 

with field notes. The inspection reports are filed in each facility'S file. 

Changes to inspection protocol may also include upgrading forms and 

inspection checklists. If these forms are internal (State) documents, upgrades 

are provided in Appendix X. Federal form upgrades are incorporated into 

Idaho's RCRA program. Forms and checklists that are EPA generated or 

site-specific are not included in authorization revision packages. A list of -

EPA and site-specific checklists provided to inspectors is identified in 

Appendix X. 

5. _ Hazardous Waste Transportation Authorities 

There are no changes to this part of the program. 

6. Enforcement Program Summary 

The 1987 EPA Enforcement Response Policy and the HWMA Civil Penalty 

Policy provide-the basis for the Enforcement Program. The HWMA Civil 

Penalty Policy is currently undergoing revision. Operational procedures for 

the enforcement program are found in the appendices under: Compliance and 

Enforcement Strategy, Compliance Assurance Agreement, and the 

Memorandum of Agreement. These appendices are numbered XI, XII, XIII 

respectively. Each of these documents has been updated since the last 

revision package. 

Idaho Revised Authorization Application 

December 1994 

4 

0 

c 
• 

7. Criminal Enforcement Procedures 

Idaho's criminal enforcement process will remain as outlined in the original 

authorization application with the addition of the "Criminal Enforcement 

Addendum to the Policy Framework for StatelEPA Enforcement Agreements" 

(February, 1993). 

8. Waste Stream Delisting 

There has been no changes to Idaho's delisting process. 

9. Information Management [40 CFR §§ 271.6 (e)] 

a. Public and Confidential Information 

In accordance with Idaho's Public Records Act, as amended, IDHW 

has issued written guidance for processing public information requests. 

The Idaho Public Records Act can be found in Appendix XIV along 

with forms utilized for public information requests. 

b. Biennial Report 

. Idaho utilizes the federal biennial report form. When EPA updates the 

federal form, Idaho also updates its use. The State RCRA program 

administers the biennial report system and provides this data to EPA 

through the National Biennial Report System (BRS). DEQ has access 

to the BRS mainframe and also operates BRS on a personal computer. 

c. Compliance Reporting 

In January 1991, EPA and DEQ entered into a Memorandum of 

Understanding (MOU), as amended in December 1991, to provide for 

administration of RCRIS. In particular, the MOU details (1) the 

conversion of data from the Hazardous Waste Data Management 

System (HWDMS) to RCRIS, (2) information sharing procedures, (3) 

implementor of record policies, (4) dispute resolution procedures, and, 

(5) general RCRIS management issues. As stated earlier in this 

program description, when the MOU is revised it will be included in 

future authorization packages. For additional information, access the 

RCRIS Standard Operating Procedures '(SOPs) and the RCRIS 

Memorandum of Understanding (1991). RCRIS SOPs have been 

updated since the last revision package was submitted. The updated 

SOPs can be found in Appendix IX. 

d. Quarterly Reporting System 

Section 39-4411 of HWMA requires all hazardous waste generators 

and disposal facilities to report quantities of hazardous waste produced 

or received on a quarterly basis. HWMA then requires the Idaho 

Department of Health and Welfare, through DEQ, to submit an annual 

report to the governor and the legislature detailing the types and 

quantities of hazardous wastes handled in Idaho. 

Idaho Revised Authorization Application 

December 1994 

5 
10.	 Permitting Program 

a.	 Permit Application ReviewlDecision-Making 

The tracking system of permit applications has changed with the use 

of RCRIS. New hazardous waste permit applications are logged into 

RCRIS. DEQ will conduct aninitial completeness review and 

transmit the results of that review within thirty (30) days to the 

applicant. The public participation process used in Idaho is identical 

to the requirements imposed federally. Arrangements between Idaho 

and the EPA regarding implementation of both HSWA and nonHSWA regulations are addressed in a Memorandum of Agreement 

(Appendix XV). 

b.	 Permit Modification, Suspension, Revocation, Reissuance, and 

Termination . 

Permit modification procedures remain consistent with the 

requirements of 40 CFR § 124 and § 270 as updated. IDAPA 

16.01.05.013 and 16.01.05.012 are amended annually to reference 

changes made to 40 CFR § 124 and § 270. 

c.	 Multi-Year Permitting Strategy [40 CFR §§ 271.6 (g)(3)] 

The Multi-Year Permitting Strategy is attached as Appendix XV. The 

Multi-Year Permit Strategy includes all facilities under-going the 

permit process and permit status information. 

r.	 Implementation of HSWA Amendments o 

Seven rules from RCRA Clusters I, II, and III have been found to have a significant 

impact on Idaho's regulated community or the State RCRA program, Workload 

increases to the State RCRA program are balanced and priorities against existing tasks 

in the RCRA Work Plan and are negotiated annually. Impacts are described below: 

1.	 Wood Preserving Listings (55 FR 50450 - December 06, 1990) State
 

Authorization Manual Rule Code 82
 

This rule has resulted in numerous cleanups of F032 contaminated soil 

throughout the state. Pole-treatment facilities were severely affected. Many 

pole-treating facilities have stopped operation since passage 'of this rule, 

resulting in a decrease of that component of the regulated community. 

Presently, the Army Corp of Engineers is finalizing eight (8) separate 

cleanups of F032 contaminated sites. Numerous more cleanups are planned 

by the Army Corp of Engineers. DEQ reviews interim and final reports on 

each of these cleanups. Pressure Treated Timber (no longer in operation) has 

been an on-going project for permitting and-compliance staff. The Bureauof 

Land Management has conducted five cleanups. The Department of Fish and 

Game have completed three cleanups. University of Idaho has completed one 

cleanup. The Department of Lands has completed two cleanups. There have 

been numerous private owner cleanups. The DEQ expects there are still many 

small abandoned pole-treating facilities that may require remediation in the 

future.	 Property transactions frequently act as catalysts for remedial activity. 

Idaho Revised Authorization Application 

December 1994 

6 

c 
2.	 Liners and Leak Detection Systems for Hazardous Waste Land Disposal 

Units (57 FR 3462 - 01129/92) State Authorization Manual Rule Code 100 

The permit modification for expansion at ESII required integration of this 

rule. Design efforts and current expansion processes require compliance with 

this rule. 

3.	 Hazardous Debris Case-by-Case Capacity Variance (57 FR 20766 ­

05/15/92) State Authorization Manual Rule Code 103 

Reviewal of Requests for Variance has caused asignificant increase in 

workload for HW Science Officers. This rule has allowed for less stringent 

management of hazardous debris for the regulated community than in the past. 

This request for variance expired on May 8, 1994. 

4.	 Land Disposal Restrictions for Newly Listed Wastes and Hazardous 

Debris (57 FR 37194 - 08/18/92) State Authorization Manual Rule Code 

109	 . 

ESII has applied for a permit modification to utilize a containment building. 

The permit modification has resulted in the issuance of a six month temporary 

authorization following a request for a Class 3 permit modification by ESII. 

This rule has also resulted in many generator treatment plans for INEL. DEQ 

reviews and comments on these generator treatment plans. 

5.	 Recycled Used Oil Management Standards (57 FR 41566 - 09/10/92) State 

Authorization Manual Rule Code 112 

This rule increased the regulated community significantly. DEQ estimates that 

over one thousand (1,000) used oil generators are now subject to regulation 

under 40 CFR Part 279. Appendix VIII contains both RCRIS identified usedoil handlers and an estimate of used oil generators. Outreach efforts have 

resulted in training and the generation of a series of used oil brochures to 

educate handlers on the new regulations. Regulated community inquiries' have 

been extensive. HW Science Officers attended an in-house Used Oil Rule 

Training. HW Science Officers have spoken at numerous conferences to 

educate the regulated community. More workshops throughout the state are 

planned for 1995. The prioritization of enforcement efforts for used oil 

handlers follows EPA used oil enforcement policy provided to DEQ. The 

impact of this rule is significant to the regulated community as well as DEQ. 

6.	 Liquids in Landfills II (57 FR 54452 - 11/18/92) State Authorization 

Manual Rule Code 118 

Prohibition of biodegradable sorbents to prevent liquid release in landfills has 

impacted virtually all regulated generators as well as land disposal facilities. 

Sorbent materials are normally used in spill or leak situations. Generators 

must choose non-degradable sorbents if final disposal is destined to be a 

landfill. Sorbent selection should be incorporated into a facility's contingency 

plan. HW Science Officers must check for sorbent material composition 

. during the routine inspections .at ESII. The major impact incurred with 

promulgation of this rule has been felt mainly by the regulated community, 

rather than the State program. 

Idaho Revised Authorization Application 

December 1994 

7 
7.	 

FR 

Corrective 

8658 - 02/16/93) 

Action Management 

State Authorization 

Units (CAMU) 

Manual 

and 

Rule Code 121 

Temporary Units (58 o

CAMU rule resulted in the submittal of a Revised Part B for ESII-A. Permit 

writers were required to review the revised Part B and subsequent revisions 

after issuance of a Notice of Deficiency (NOD). Also, a CAMU type permit 

condition was drafted. This rule has set the entire permitting process back 

approximately one year. 

J.	 Radioactive Mixed Waste 

There have been no changes to this section of the RCRA Program. 

K.	 Underground Injection Control 

There have been no changes to this section of the RCRA Program. 

Idaho Revised Authorization Application
 

December 1994
 

8 
III.
 

IDAHO PROGRAM
 

AUTHORIZATION STATUS
 
e e e
 

PROGRAM AUTHORIZATION STATUS 

Cluster 

Covers Federal 

Program Changes 

Between 

Rules 

Adopted 

Final Program Revision 

Application 

Date Federal Register 

Approval Published 

Base Program Non-HSWA 

Requirements prior to Cluster I 

1/1/76 & 6/30/84 YES 6/89 3/26/90 

Non-HSWA I 7/1/84 & 6/30/85 YES 6/89 3/26/90 

Non-HSWA II 7/1 /85 & 6/30/86 YES 6/89 3/26/90 

Non-HSWA III 7/1/86 & 6/30/87 YES 6/89 3/26/90 

Non-HSWA IV 7/1/87 & 6/30/88 YES 11/91 4/6/92 

Non-HSWA V 7/1/88 & 6/30/89 YES 11/91 4/6/92 

Non-HSWA VI 7/1/89 & 6/30/90 YES 11/91 4/6/92 

HSWA I 11/8/84 & 6/30/87 YES 11/91 4/6/92 

HSWA II 7/1 /87 & 6/30/90 YES 11/91 4/6/92 

RCRA I 7/1/90 & 6/30/91 YES 12/94 

RCRA II 7/1 /91 & 6/30/92 YES 12/94 

RCRA III 7/1/92 & 6/30/93 YES 12/94 

Idaho Revised Authorization Application 

December 1994 

, 
v.
 

REFERENCE GUIDE TO
 

CLUSTER ADOPTION
 
e e e
 

Rule 

Cluster Code 

RCRAI 80* 

80.1* 

80.2* 

81 

81.1 

82 

83 

84* 

FR Reference 

Prom. Date 

55 FR 40834 

10105190 

56 FR 3978 

02/01191 

56 FR 13406 

04/02/91 

55 FR 46354 

11102/90 

55 FR 51707 

12/17/90 

55 FR 50450 

56 FR 3864 

01131191 

56 FR 5910 

02/13/91 

REFERENCE GUIDE TO CLUSTER ADOPTION 

Rule Name 

Toxicity Characteristic; Hydrocarbon Recovery 

Operations (HSWA) 

Toxicity Characteristic; Hydrocarbon Recovery 

Operations (Correction 1 Included on Checklist 

80) (HSWA) 

Toxicity Characteristic; Hydrocarbon Recovery 

Operations (Correction 2 Included on Checklist 

80) (HSWA) 

Petroleum Refinery Primary and Secondary 

Oil/Water/Solids Separation Sludge Listings (F037 

and F038) (HSWA) 

Petroleum Refinery Primary and Secondary 

Oil/Water/Solids Separation Sludge Listings (F037 

and F038) (Correction 1 Included on Checklist 81) 

(HSWA) 

Wood Preserving Listings (HSWA/Non-HSWA) 

Land Disposal Restrictions for Third Scheduled 

Wastes; Technical Amendment (HSWA) 

Toxicity Characteristic; Chlorofluorocarbon 

Refrigerants (HSWA) 

Idaho Revised Authorization Application 

December 1994 

HSWAI 

Non-HSWA Due Date 

HSWA 07/01192 

HSWA 07/01/92 

HSWA 07/01192 

HSWA 07/01192 

HSWA 07/01/92 

Both 07/01/92 

HSWA 07/01192 

HSWA 07/01/92 
e e e
 

Rule 

Cluster Code 

85 

86 

87 

88* 

89* 

90 

91* 

RCRA II 92 

94 

95 

FR Reference 

Prom. Date 

56 FR 7134 

02/21/91 

56 FR 7567 

02/25/91 

56 FR 19290 

04/26/91 

56 FR 19951 

05/01/91 

56 FR 21955 

05/13/91 

56 FR 27300 

06/13/91 

56 FR 27332 

06/13/91 

56 FR 30192 

07/01/91 

56 FR 32688 

07/17/91 

56 FR 41164 

08/19/91 

Rule Name 

Burning of Hazardous Waste in Boilers and 

Industrial Furnaces (HSWA/Non-HSWA) 

Removal of Strontium Sulfide From the List of 

Hazardous Waste; Technical Amendment (Non-HSWA) 

Organic Air Emission Standards for Process Vents 

and Equipment Leaks; Technical Amendment (HSWA) 

Administrative Stay for K069 Listing (Non-HSWA) 

Revision to F037 and F038 Listings (HSWA) 

Mining Exclusion III (Non-HSWA) 

Administrative Stay for F032, F034, and F035 

Listings (HSWA/Non-HSWA) 

Wood Preserving Listing; Technical Correction 

(HSWA/Non-HSWA) 

Burning of Hazardous Waste in Boilers and 

Industrial Furnaces; Corrections and Technical 

Amendments I (HSWA/Non-HSW A) 

Land Disposal Restrictions for Electric Arc 

Furnace Dust (K061) (HSWA) 

Idaho Revised Authorization Application 

December 1994 

HSWA/ 

Non-HSWA Due Date 

Both 07/01/92 

Non-HSWA 07/01/92 

HSWA 07/01/92 

Non-HSWA 07/01/92 

HSWA 07/01/92 

Non-HSWA 07/01/92 

Both 07/01/92 

Both 07/01/93 

Both 07/01/93 

HSWA 07/01/93 
e e e
 

Rule FR Reference HSWA/ 

Cluster Code Prom. Date Rule Name Non-HSWA Due Date 

96 56 FR 42504 Burning of Hazardous Waste in Boilers and Both 07/01/93 

08/27/91 Industrial Furnaces; Technical Amendments II 

(HSWA/Non-HSWA) 

97 56 FR 43704 Exports of Hazardous Waste; Technical Correction HSWA 07/01/93 

09/04/91 (HSWA) 

98* 56 FR 43754 Coke Ovens Administrative Stay HSWA 07/01/93 

09/05/91 

99* 56 FR 66365 Amendments to Interim Status Standards for Non-HSWA 07/01/93 

12/23/91 Downgradient Groundwater Monitoring Well 

Locations at Hazardous Waste Facilities (NonHSWA) 

100 57 FR 3462 Liners and Leak Detection Systems for Hazardous Both 07/01/93 

01/29/92 Waste Land Disposal Units 

101* 57 FR 5859 Administrative Stay for the Requirement That Both 07/01/93 

02/18/92 Existing Drip Pads be Impermeable 

102 57 FR 8086 Second Correction to the Third Land Disposal HSWA 07/01/93 

03/06/92 Restrictions 

103 57 FR 20766 Hazardous Debris Case-by-Case Capacity Variance HSWA 07/01/93 

05/15/92 

104* 57 FR 21524 Used Oil Filter Exclusion HSWA 07/01/93 

OS/20/92 

Idaho Revised Authorization Application 

December 1994 

-, 
e e	 e
 

Rule 

Cluster Code 

105* 

106 

RCRA III	 107* 

108 

109 

110 

111 

112 

113 

113.1 

FR Reference 

Prom. Date 

57 FR 27880 

06/22/92 

57 FR 28628 

06/26/92 

57 FR 29220 

07/01/92 

57 FR 30657 

07/10/92 

57 FR 37194 

08/18/92 

57 FR 37284 

08/18/92 

57 FR 38558 

08/25/92 

57 FR 41566 

09/10/92 

57 FR 42832 

09/16/92 

53 FR 33938 

09/01/88 

Rule Name 

Coke By-Product Exclusion 

Lead-Bearing Hazardous Materials Case-by-Case 

Capacity Variance 

Used Oil Filter Exclusion; Technical Correction 

Toxicity Characteristics Revision; Technical 

Corrections 

Land Disposal Restrictions for Newly Listed 

Wastes and Hazardous Debris 

Coke By-Product Listings 

Burning of Hazardous Waste in Boilers and 

Industrial Furnaces; Technical Amendment III 

Recycled Used Oil Management Standards 

Financial Responsibility for Third-Party 

Liability, Closure and Post-Closure 

Standards Applicable to Owners and Operators of 

Hazardous Waste Treatment, Storage, and Disposal 

Facilities; Liability Coverage 

Idaho Revised Authorization Application 

December 1994 

HSWA/ 

Non-HSWA Due Date 

HSWA 07/01/93 

HSWA 07/01/93 

HSWA 07/01/94 

HSWA 07/01/94 

HSWA 07/01/94 

HSWA 07/01/94 

Both 07/01/94 

Both 07/01/94 

Non-HSWA 07/01/94 

Non-HSWA 07/01/94 
e e e
 

Rule 

Cluster Code 

119.1* 

120 

121* 

122 

122.1 

123 

124 

FR Reference 

Prom. Date 

58 FR 6854 

02/02/93 

57 FR 61492 

12/24/92 

58 FR 8658 

02/16/93 

58 FR 26420 

05/03/93 

58 FR 33341 

06/17/93 

58 FR 28506 

05/14/93 

58 FR 29860 

OS/24/93 

HSWA/ 

Rule Name Non-HSWA Due Date 

Toxicity Characteristic Revision; TCLP Correction HSWA 07/01/94 

Wood Preserving; Amendments to Listings and Both 07/01/94 

Technical Requirements 

Corrective Action Management Units and Temporary HSWA 07/01/94 

Units; Corrective Action Provisions Under 

Subtitle C 

Recycled Used Oil Management Standards; Technical Both 07/01/94 

Amendments and Corrections 

Recycled Used Oil Management Standards; Both 07/01/94 

Correction 

Land Disposal Restrictions; Renewal of the HSWA 07/01/94 

Hazardous Waste Debris Case-by-Case Capacity 

Variance 

Land Disposal Restrictions for Ignitable and HSWA 07/01/94 

Corrosive Characteristic Wastes Whose Treatment 

Standards Were Vacated 

Idaho Revised Authorization Application
 

December 1994
 
- - e
 

Rule 

Cluster Code 

113.2 

114 

115 

116 

117A* 

117A.l* 

117A.2* 

117B 

118 

119* 

FR Reference 

Prom. Date 

56 FR 30200 

07/01191 

57 FR 44999 

09/30/92 

57 FR 47376 

10/15192 

57 FR 47772 

10120/92 

57 FR 7628 

03/03/92 

57 FR 23062 

06/01/92 

57 FR 49278 

10/30/92 

57 FR 23062 

06/01192 

57 FR 54452 

11118192 

57 FR 55114 

11/24/92 

Rule Name 

Liability Requirements; Technical Amendment (NonHSWA) 

Burning of Hazardous Waste in Boilers and 

Industrial Furnaces; Amendment IV 

Chlorinated Toluene Production Waste Listing 

Hazardous Soil Case-By-Case Capacity Variance 

"Mixture" and "Derived-From" Rules; Response to 

Court Remand 

"Mixture" and "Derived-From" Rules; Technical 

Correction 

"Mixture" and "Derived-From" Rules; Final Rule 

Toxicity Characteristic Revision 

Liquids in Landfills II 

Toxicity Characteristic Revision; TCLP 

Idaho Revised Authorization Application 

December 1994 

HSWAI 

Non-HSWA Due Date 

Non-HSWA 07/01/94 

Both 07/01194 

HSWA 07/01/94 

HSWA 07/01194 

Both 07/01/94 

Both 07/01/94 

Both 07/01/94 

HSWA 07/01/94 

HSWA 07/01/94 

HSWA 07/01/94 
VI.
 

ORGANIZATION CHARTS
 
"_ e _
 

I, 

'"~ ... ' .. 

Permits and Enforcement
 

Organization Chart 

Orville
 

Green
 

Asst. Administrator 

I I I I

Martin Brian

Bauer Monson 

CPB Chief OPB Chief 

Dave
 

Pisarski
 

EB Chief 

Robert 

Wllkosz 

TSB Chief 

Phyllis
 

Heitman
 

Admin. Secretary 

November 10, 1Q03 
e e e
 

Permits and Enforcement
 

Secretarial Staff
 

Phyllis Heitman 

Admin. Secretery 

I
 

Janet Cross 

Receptionist 

I
 

I
 Darcy Shaw
 

Receptionist/Gen Offce 

I I I I 

Tech Services Bureau 

Secretarial Staff 

Valerie Engleman '--

Constructn Prmt Bureau 

Secretarial Staff I 

Nola Knackert 

f- Word Processing Spec. 

Susan Rose '--

Operating Prmt Bureau 

Secretarial Staff I 

Enforcement Bureau 

Secretarial Staff 

Jessica Dilugllo 

f- Word Processing Spec. 

Rene Johnson 

f- Word Processing Spec. 

linda Smith '-- Word Processing Spec. 

Sherry Davis 

f- Word Processing Spec. 

Terl Gregory '-­

Oec.mbel 5. 199" 
I 

e e 

'\. 

­

Permits and Enforcement
 

Construction Permit Bureau
 

I 

Dan Pitman 

Air/Multi Media Mgr. 

Craig Beeson - AQ Engineer 

Jose Fabile - AQ Engineer 

Bill Rogers 

fAQ Engineer 

Dan Salgado 

rAQ Engineer 

Mike Simon 

rAQ Engineer 

Wade Woolery .... AQ Engineer 

June 14,1994 

Marty Bauer 

Bureau Chief 

I 

Dick Rogers RCRA

Water Permit Mgr. Unstaffed 

Nancy Bowser 

fWQ Analyst 

Mike Cook 

fWQ Analyst 

Rick Huddleston - WQ Engineer 

James Macinnis (NIRO) 

IWQ Engineer 

Paul Wakagawa 

I- . WQ Engmeer 

Jerry Yoder .... WQ Engineer 
e e e
 

Permits and Enforcement 

Enforcement Bureau 

Dave Pisarski 

Bureau Chief 

I
 

Vladimer Bohdan 

Senior Engineer 

I
 

Paula Lyon 

Env. Enforcement Mgr. 

Matt Alvarado 

I- HW Compliance Officer 

Matt Garringer 

I- HW Compliance Officer 

Mike Gregory 

f- HW Compliance Officer 

Patricia Harris 

f- HW Compliance Officer 

Robert Higdem 

I- HW Compliance Officer 

L... Eileen Loerch 

HW Compliance Officer 

I I
 

Tim Trumbull Water Section 

Air Enforcement Mgr. 

JR Fuentes Chris Lavelle 

I- AQ Compliance Analyst I- WQ Compliance Officer 

Ron Hill L... Jerry West 

I- AQ Engineer WQ Compliance Officer 

Sally Tarowsky 

I- AQ Compliance Analyst 

L. Connie Wold 

AQ Compliance Analyst 

November 2. 1994 
.e e e
 

Permits and Enforcement 

Operating Permit Bureau 

Brilln Mon.on 

Bureeu Chief I I 

I I I 

Ren.lIY Owen 

LOR Section ID Fells I RlIndy Steger 

HW Permits Meneger I Sue Richerd. AQ Meneger I 

B. Hillmlln 

'- Word Processing Spec. 

Nick WlIde 

.... HW Comp/ience Officer 

Vecllnt '-

Bob Bullock 

r- HW Permit Officer 

Brilln Engli.h 

r- HW Permit Officer 

Ken Hanna 

f- HW Permit Officer 

Jeffrey Helm. 

f- HW Permit Officer 

Merk Jeffer. 

- HW Permit Officer 

Beth McPher.on 

- HW Permit Officer 

Judith Myer. '- HW Permit Officer 

ClImille AJlIke 

r- AQ Engineer 

Robert BlIldwln 

r- AQ Engineering Spec. 

AI Ce.lle 

r- AQ Engineer 

HlIrbl EI.hllfel 

r- AQ Engineer 

Derrln Mehr 

- AQ Engineer 

Vecent

-

I 

John Brueck 

HM Pol. & Std. Super. 

Natlllie Creed 

- Env Sciences Spec (TJ 

Pem Smolcyzln.kl 

- HW Progrem Specielist 

Chrl. Wernert -

nec.mho, 5. 1994 

I 
e e -


Permits and Enforcement
 

Technical Services Bureau
 

I 

Avijit Ray 

Science Manager 

Joe Baldwin 

IEnv. Hydrogeologist 

John Finnell '---

ARAR Engineer 

Chris Johnson 

IAQ Meteorologist 

Vacant '--

Env. Hydrogeologist 

Robert Wilkosz 

Bureau Chief 

Tim Teater 

PermitSupportSupe~

Gary Reinbold - AQ Analyst 

Carole Thomas - AQ Engineer 

Tony Wilson '--

Prog. Dev. Spec. (T) 

I
 

Tom Harman (NIRO) 

A Q Field Supervisor 

Tom Anderson - AQ Compo Officer 

Richard Elkins (EIRO) - . AQ Compo Officer 

Tom Krinke '--

AQ Compo Officer 

Oeoember S. 199'" 
VII.
 

RCRA STAFF 

ATTENDED TRAINING . 
ReRA STAFF ATIENDED TRAINING 1990-1994 

1994 Incineration Conference 

Advanced Authorization Conference** 

Aerobic/Anaerobic Digestion - Lagoon O&M 

Air and Waste Mgmt Annual Meeting 

Air SlJ'veillance For Hazardous Materials 

Alternative Dispute Resolution 

ASTSWMO Hazardous Waste Conference** 

ASTSWMO Midyear Meeting! Health & Safety Taskforce 

Basic Environmental Investigations 

Basic Supervisory Training 

Beginning Q & A Computer Training 

BEN/ABEL Penalty Computation Training 

Best Possible Boss 

Bioremediation of Haz. Waste 

Boiler & Industrial FlJ'nace Video Training 

Business Grammar & Word Usage 

California Air ReSOlJ'ces Brd. Basic Multi-media Inspector Training 

Chain of Custody Procedures 

Chevron's RiskAssessment 

Conflict Resolution 

Continuous Emission Monitoring 

Corrective Action Task Force 

CPR Refresher 

Dealing With Upset Citizens and the Public 

Defensive Driving 

DOE Federal Facilities Meeting 

DOE SeClJ'ity Clearance 

DOT Haz. Mat. Shipping 

DOT Regulations 

Emission Inventory Symposium 

Employee Enrichment - Communication 

Employee Enrichment - Stress 

Employee Enrichment - Teaming 

Enforcement Negotiation Skills 

Enforcement Symposium Cross - Media 

Environmental Crime Awareness 

Environmental Enforcement in the 1990's 

Environmental Enforcement Training 

Environmental Regulations Course 

Environmental RiskAssessment 

Environmental Toxicology (BSU) 

Env. RiskAssess., Communication, & Application 

EPA FY93-94 RCRA Implementation Plan 

EPA News Media Training 

EPA Region Ten/Basic Inspector Training Course 

EPA Sampling for Hazardous Materials 

Erosion Control Seminar 

Explosives Class 

Financial Responsibility 

Fundamentals of Idaho Environmental Law 

Geo Positional System 

GIS MapTechnology 

Hazardous Materials Treatment Technologies 

Hazardous Waste Remediation Technologies 

HAZWOPER Train the Trainer EPA 

Haz. Waste: Iss., Problems, Solutions 

Health Physies Class 

High Impact Communication 

How to be a Better Receptionist 

How to Handle Difficult People 

H&W Career Growth & Written Communication 

H&W Contract System Training 

H&W Presentation Skills Training 

H&W Public Presentations 

H&W Sexual Harassment Workshop 

Idaho's Land Application of Wastewater Program 

Incinerator Inspection Training Tapes 

Innovative HW Treatment Technologies 

Inspection of Arlington, Oregon Landfill 

Intermediate Lotus 

Intermediate Q & A Computer Training 

Intermediate Wordperfect Class 

Introduction to Lotus 

LOR Updates 

LOR Waste Compliance Agreement with DOE 

MAGNAS Modeling 

Managing Projects, Priorities & Deadlines 

Mixed Waste Incineration Workshop 

Mixed Waste Regulations 

Mixed Waste Thermal Trtmt Symposium 

Mobile Emergency Response Support 

National Environmental Enforcement Conf. ** 

Negotiation Training 

New Jersey Technical Career Fair 

New Used Oil Management Standards 

Operating Permit Writers Workshop** 

Operating Permits Program Conference 

OSHA 40-Hr. Health and Safety Training 

OSHA 8-Hr Refresher 

OSHA HW Operations & Emergency Response 

Permit Writer Course 

Pollution Prevention Assessment 

Poll. Prevention Permit Writers' Workshop 

Professional Filing & Inf. Mgmt Skills 

Radiation Safety Orientation 

Radiation Worker Training 

Radiation Worker Training II 

Radiation & Low-Level Radioactive Waste Mngmt. Fundamentals 

Radiological Protection and Measurement 

RCRAAA/BB 

RCRA Facility Inspection 

RCRA Hazardous Waste TSDF Air Emissions Training 

RCRA Inspectors Instruction 

RCRA Permit Training 

RCRA Reform- Poll. Prev. & Enforcement 

RCRA TSD Facility Air Emissions 

RCRIS Training 

RCRIS/BAS Annual Training 

Roundtable EPA Draft Strategy Tech. Standards 

Sampling Techniques, Region IV 

Source Sampling for Pollution Course 

Special Topics - Hazardous Materials 

Spectrum 92 Nuclear & HW Mgmt Intern. 

Spectrum 94, Nuclear & HW Management Meeting 

Spring Into Success '94 

STAPPA/ALAPCO Spring Training 

STAPPA/ALAPCO Toxies Implementation 

State Environmental Law - Idaho 

Supervisory Development Program/ Non-Supervisors 

Supervisory Orientation F;"ogram 

TENSAR-GEOGRID UNERS 

Title III Air Toxies 

Title IV Acid Rain Program Workshop 

Toxicity Characteristic Training 

Waste Oil Rule Training 

Waste Testing & Quality Assurance Symposium 

WESTAR Council Technical Meeting 

WESTAR Environmental Enforcement** 

WESTAR Operating Permits Data Mgmt. System 

WESTAR Title V Operating Permits Workshop 

Western States Periodic Member Conference** 

Western States Proj. HW Enforcement** 

WGA Mixed Waste Meetings 

IDAHO REVISED AUTHORIZATION APPUCATION 

DECEMBER 1994 
VIII.
 

HAZARDOUS WASTE,
 

GENERATORS AND USED OIL
 

HANDLERS
 
Idaho Generators, Transporters, and Miscellaneous Notifiers 

December 30, 1994 

Fully Regulated Generators 65 

Small Quantity Generators 204 

Conditionally Exempt SQGs 679 

Used Oil Generators (estimate) > 1,000 

Transporters 81 

Treatment/Storage/Disposal Facilities 15 

Used Oil Fuel Handlers 28 

Hazardous Waste Fuel Handlers 6 

TSD Breakdown 

Land Disposers 10 

Storer/Treaters 10 

Incinerators 1 

* Source Resource Conservation and Recovery Information System 

(RCRIS), Idaho State Database as of November 01, 1994. 

Idaho Revised Authorization Application 

December 1994 
IDAHO ANNUAL QUANTITIES OF HAZARDOUS WASTES 

October 1993 through September 1994 

ACTIVITY ANNUAL TONS
 

Generated In-State 1,350,003 

Transported Into State 35,395 

Transported Out of State 2,160 

In-State Treatment and Disposal 

On-Site 935,049* 

In-State Treatment and Disposal 

Off-Site RCRA 

TSCA 

State HW 

36,936 

52,049 

14,563 

* Source: Biennial Reporting System (BRS) For January 01, 1993 through December 31, 

1993. 

The quantities displayed above for "Generated In-State" represents wastes generated by Large 

Quantity Generators and Small Quantity Generators. Conditionally Exempt Generators are not 

addressed in these data. Idaho generators report to the State pursuant to Idaho Code § 39-4411 

which requires a quarterly report submittal to the DEQ. 

Idaho Revised Authorization Application
 

December 1994
 
IX.
 

RCRIS STANDARD
 

OPERATING PROCEDURES
 
RCRIS STANDARD OPERATING PROCEDURES 

November 7, 1994 

Introduction 

The Resource Conservation and Recovery Information System (RCRIS) is the automated data 

system used by the Idaho Division of Environmental Quality (DEQ) to track hazardous waste 

permitting, enforcement and corrective action activities. The system also maintains general 

information about all of the hazardous waste handlers in the state. 

RCRIS is physically located on the. EPA mainframe in North Carolina. DEQ has access to its 

own account on the mainframe into which all of the RCRIS data is entered. DEQ's data is 

merged with EPA Region 10's data once a month, and that data is further merged with the 

National Oversight Database. 

The staff involved in the operations and maintenance of RCRIS are listed below: 

*	 SA/DBA - The System Administrator/Database Administrator is in charge of the overall 

management of RCRIS. This person must perform the duties of the System 

Administrator and the Database Administrator as described in the RCRIS Memorandum 

of Understanding, the RCRIS User Guide and this document. 

*	 Hazardous Waste Permit Officers - These staff members are responsible for providing 

permitting and corrective action information to be entered into RCRIS, and for 

performing QA/QC after that information is entered. 

*	 Hazardous Waste Science Officers - These staff members are responsible for providing 

compliance and enforcement information to be entered into RCRIS, and for performing 

QA/QC after that information is entered. 

*	 Data Entry Operators - These staff members are responsible for entering information 

into RCRIS. 

*	 RCRA Policy Manager - This person supervises the SA/DBA and is responsible for 

overseeing the overall management of RCRIS. 

*	 RCRA Permits Manager - This person makes suggestions to improve the operation of 

the permitting and corrective action aspects of RCRIS and coordinates with the 

SA/DBA to implement those suggestions. 

*	 Environmental Enforcement Manager - This person makes suggestions to improve the 

operation of compliance aspects of RCRIS and coordinates with the SA/DBA to 

implement those suggestions. 

The following are Standard Operating Procedures for the operation and maintenance of DEQ's 

RCRIS database. Included are procedures for data processing, data entry, QA/QC, data 

retrieval, data maintenance, system maintenance, security and information sharing. 
II Data Processing 

Information to be entered into RCRIS originates in two different places: DEQ staff and the 

regulated community. Forms from DEQ staff include permitting forms, enforcement forms and 

corrective action forms. Forms from the regulated community include Notification forms, PartA forms, Non-notifier Data Entry Forms, Notification Change Worksheets and quarterly 

reports. 

A.	 Forms originating from DEQ Staff 

Four forms are completed by DEQ staff for data entry into RCRIS. One form is used 

for permitting information, one is used for corrective action information, one is used 

for both permitting and corrective action information, and one is used for enforcement 

information. Each form is described below: 

*	 RCRIS Event Update Form 

These forms are used to enter information regarding permitting and corrective 

action events. They are completed by the Hazardous Waste Permit Officers. 

Each facility in the permitting or corrective action universe has its own 

individualized form. 

*	 RCRIS Unit Update Form 

These forms are used to enter information regarding unit groups at facilities in 

the permitting universe. They are completed by the Hazardous Waste Permit 

Officers. 

*	 Instrument/Area/Constituent Form 

These forms are used to enter information regarding the legal instrument in 

which corrective action is performed, the physical area corrective action is 

taking place or the chemical constituents of the contamination found. They are 

completed by the Hazardous Waste Permit Officers. 

*	 Evaluation - Violation - Enforcement Form 

These forms are used to enter information regarding hazardous waste 

inspections, detected violations and resulting enforcement actions. They are 

completed by the Hazardous Waste Science Officers. 

Forms are completed by staff as necessary and submitted to the SA/DBA. The 

SAIDBA reviews the forms for completeness and sends them to data entry staff in 

batches of up to 25. The forms are entered by data entry staff and returned to the 

SA/DBA. The SAIDBA orders the appropriate reports and returns the forms and 

reports to the staff member who originally submitted them. The staff member will 

QA/QC the forms against the reports to assure proper entry. If there are any errors, 

the staff member will indicate the error and return the forms to the SAIDBA. The 

process will continue until all the forms are entered correctly. Once the forms are 

entered correctly, they can be kept by the staff member for further use, or returned 

to the SAIDBA for filing in the Facility History (FH) file. 

The reports used for QA/QC are listed below: 
*	 Idaho Permitting Report 

This report is used to OA/OC information from the RCRIS Unit Update Form and 

information about permitting events on the RCRIS Event Update Form. 

*	 Abbreviated Corrective Action Report 

This report is used to OA/OC information about corrective action instruments 

and areas on the Instrument/Area/Constituent Form, and corrective action 

events on the RCRIS Event Update Form. 

*	 Constituents Report 

This report is used to OA/OC information about corrective action constituents 

on the Instrument/Area/Constituent Form. 

*	 Evaluation, Violation and Enforcement Report 

This Report is used to OA/OC all information on the Evaluation - Violation ­

Enforcement Form. 

B.	 Forms originating from the regulated community 

Five forms are either completed by the regulated community and submitted to DEO, 

or are completed by DEO staff with information from the regulated community. These 

forms are entered into the Handler Module of RCRIS, but are all processed in a slightly 

different manner. Each form and the way it is processed is described below: 

*	 Notification of Regulated Waste Activity Form 

These forms are used by the regulated community to apply for an EPA 

identification number. They may be initial submissions or amendments. 

Currently notification forms are received and processed by DEO, but the 

numbers are assigned by EPA Region 10. After release of RCRIS version 5.2.0 

in December, 1994, the numbers will be assigned by DEO. Following are 

procedures for processing notification forms prior to and after the release of 

RCRIS version 5.2.0. 

Prior to the release of RCRIS version 5.2.0 - Notification forms are received by 

the SA/DBA, who verifies the forms by calling the installation contact. After 

the forms have been verified, the SA/DBA mails copies of the forms to EPA 

Region 10 to have the numbers assigned. After assigning numbers to the 

forms, Region 10 notifies the SA/DBA of the new numbers. The SA/DBA then 

mails acknowledgement letters to the installation contact to notify that the 

number has been assigned. After the acknowledgement letters have been 

mailed, the SA/DBA sends the forms to data entry in batches of up to 25. The 

forms are entered by data entry staff and returned to the SA/DBA. The 

SA/DBA will OA/OC the forms using the notification views function of RCRIS. 

If errors are found the forms are rebatched and returned to data entry. Once 

the forms are entered correctly, the SA/DBA files the forms in the Facility 

History (FH) file. 

The process of assigning an EPA identification number takes four to six weeks. 

In cases of an emergency, the process can be expedited. While verifying 

notification forms, the SA/DBA will ask the contact if it is an emergency. If it 
is the SA/DBA will fax the forms to EPA Region 10. The region will assign a 

number and notify the SA/DBA within one to two days. The SA/DBA will 

notify the contact of the number. A copy of the original forms will be mailed to 

EPA Region 10. At this point the forms will be processed in the same manner 

as notification forms are processed above. 

In some cases the contact will fax a copy of the form to the SA/DBA. In this 

case the form will be handled the same as in the emergency situation described 

above, except the SA/DBA will not give out the number until the original 

notification form is received. 

After the release of RCRIS version 5.2.0 - Notification forms will be received 

by the SA/DBA, who verifies the forms by calling the installation contact. The 

SA/DBA will then send the forms in batches of up to 25 to data entry where 

the number will be assigned. The SA/DBA will tell data entry staff if a form is 

an emergency. If it is an emergency, data entry staff will notify of the number 

the SAIDBA of and the SA/DBA will notify the contact. The forms are then 

entered into RCRIS and returned to the SA/DBA. The SA/DBA will send an 

acknowledgement letter to the facility contact. The SA/DBA will QA/QC the 

forms using the notification views function of RCRIS. If errors are found the 

forms are rebatched and returned to data entry. Once the forms are entered 

correctly, the SA/DBA files the forms in the Facility History (FH) file. 

*	 Part A Permit Application 

These forms are used by the regulated community to apply for interim status 

or to accompany a Part B Permit Application or permit modification. They may 

be initial submissions or amendments. They are received by the Hazardous 

Waste Permit Officers and reviewed for technical accuracy. They are then sent 

to the SA/DBA where they are further reviewed for completeness. The 

SA/DBA sends the forms to data entry in batches. The forms are entered by 

data entry staff and returned to the SA/DBA. The SA/DBA will QA/QC the 

forms using the part A views function of RCRIS. If errors are found the forms 

are rebatched and returned to data entry. Once the forms are entered correctly, 

the SA/DBA files the forms in the Facility History (FH) file. 

*	 Non-Notifier Data Entry Form 

These forms are used to enter information regarding a handler that has not 

applied for an EPA identification number and to assign that handler an EPA 

identification number. These forms are completed by the Hazardous Waste 

Science Officers using information gathered from the facility during an 

inspection. Currently EPA identification numbers are assigned by EPA Region 

10, but that responsibility will be given to DEQ after the release of RCRIS 

version 5.2.0 in December, 1994. Following are procedures for processing 

non-notifier forms prior to and after the release of RCRIS version 5.2.0. 

Prior to the release of RCRIS version 5.2.0 - The Hazardous Waste Science 

Officer sends the forms to the SA/DBA where they are reviewed for 

completeness. The SA/DBA then calls EPA Region 10 and gives the 

information over the phone. EPA will call back within two days and give the 

EPA identification number to the SA/DBA. The SA/DBA then notifies the 
Hazardous Waste Science Officer of the number, and sends the forms to data 

entry in batches of up to 25. The forms are entered into RCRIS and returned 

to the SA/DBA. The SA/DBA will QA/QC the forms using the notification views 

function of RCRIS. If errors are found the forms are rebatched and returned to 

data entry. Once the forms are entered correctly, the SA/DBA files the forms 

in the Facility History (FH) file. 

After the release of RCRIS version 5.2.0 - The Hazardous Waste Science 

Officer sends the forms to the SA/DBA where they are reviewed for 

completeness. The SA/DBA sends the forms to data entry in batches of up to 

25 where the EPA identification numbers are assigned. Data entry will notify 

the SA/DBA of the number, who will notify the Hazardous Waste Science 

Officer. The forms are entered into RCRIS and returned to the SA/DBA. The 

SA/DBA will GA/QC the forms using the notification views function of RCRIS. 

If errors are found the forms are rebatched and returned to data entry. Once 

the forms are entered correctly, the SA/DBA files the forms in the Facility 

History (FH) file. 

*	 Idaho Hazardous Waste Generator Quarterly Reports 

These reports are submitted by the regulated community on a quarterly basis. 

The information in these reports is entered into the Quarterly Report System. 

When these reports indicate a change in generator status they are used as 

RCRIS data entry forms. The SA/DBA receives the reports and determines if 

they indicate a change in generator status. If they do indicate a change, they 

are sent in batches of up to 25 to data entry. The changes are entered into 

RCRIS and the forms are returned to the SA/DBA. The SA/DBA will QA/QC the 

forms using the notification views function of RCRIS. If errors are found the 

forms are rebatched and returned to data entry. Once the forms are entered 

correctly, the SAIDBA files the forms in the Facility History (FH) file. 

*	 Notification Change Worksheet 

These forms are used to make changes to notification data. They are 

completed by the SA/DBA using information received from the regulated 

community. The forms are sent in batches of up to 25 to data entry. The 

changes are entered into RCRIS and the forms are returned to the SA/DBA. 

The SA/DBA will QA/QC the forms using the notification views function of 

RCRIS. If errors are found the forms are rebatched and returned to data entry. 

Once the forms are entered correctly, the SA/DBA files the forms in the Facility 

History (FH) file. 

Training 

The SA/DBA is responsible for training all DEQ staff who use RCRIS. New employees who 

use RCRIS will be trained by the SA/DBA in individual sessions. Whenever changes are made 

to RCRIS or new capabilities are implemented, the SA/DBA will train the affected staff in 

group sessions. 

The SA/DBA will attend the annual national RCRA Information Management Training and any 

other RCRIS training courses as they become available. 

III 
IV Data Retrieval 

When any DEQ staff members require information from RCRIS they will make a request by Email to the SAIDBA. If the request is for a report for a specific facility, the request should 

include the name of the report and the facility's EPA identification number. If the request is 

for specific information not found on any particular report, the request should be as specific 

as possible. The request should include a date for which the information is needed. 

When a request for information from RCRIS comes from the public the request should be 

routed to the SAIDBA in accordance with DEQ's Public Information Request Policy. 

V Monthly Reporting 

The SA/DBA is responsible for generating and distributing certain reports from RCRIS on a 

monthly basis. These reports are the Idaho Handler Activity Count Report, and four different 

versions of the Handlers List. The Activity Count lists the number of facilities in each 

Universe. It is generated in WordPerfect using information from RCRIS. The Handlers Lists 

identify the EPA identification number, name, address and status of handlers in RCRIS. Three 

different sorts are generated that include all handlers in the database. These sorts are by EPA 

identification number, facility name and address. The fourth copy only includes notifiers and 

is sorted by address. This copy is the one that is released to the public upon request. 

The Activity Count and the three Handlers Lists that include all handlers are distributed to 

each regional office, the Hazardous Waste Science Officers and the RCRA Policy Manager. 

The three handler lists alone are distributed to the SAIDBA and the Permitting and 

Enforcement receptionists. The activity count report is distributed to the Operating Permits 

Bureau Chief and the Idaho Handler Activity Count Report File ((H). Anyone may request to 

be added to the distribution for either or both reports. 

The copy of the Handlers List that only includes notifiers is distributed to each of the Public 

Information Request Custodians and the Operating Permits Bureau Secretary. 

VI Lookup Table Maintenance 

The SAIDBA is responsible for entering and deleting implementor defined codes into the RCRIS 

lookup tables. Suggestions for adding or deleting codes originate from the hazardous waste 

compliance and permitting staff. These suggestions are forwarded to the appropriate 

supervisor (Environmental Enforcement Manager, or RCRA Permits Manager) for approval. 

If the addition or deletion is approved the staff member forwards the request to the SA/DBA 

who then makes the change. 

VII Form and Report Maintenance 

The SAIDBA is responsible for keeping the RCRIS data entry forms and reports updated. 

When a new RCRIS version is released, the SA/DBA will review any new features. The 

SAIDBA will discuss the new features with the Environmental Enforcement Manager or the 

RCRA Permits Manager as appropriate. If the decision is made to implement the new features 

the SAIDBA will make the necessary changes to the data entry forms or begin using the new e report. The SA/DBA will conduct a group training session with the affected staff members. 
If a member of the hazardous waste staff identifies the need for a new report, that suggestion 

will be forwarded to the appropriate supervisor for approval. If the request is approved, the 

supervisor will discuss the report with the SAIDBA to determine the best format to organize 

the new report. Once a report format is decided upon the SA/DBA will submit an official 

request to EPA Region 10. Region 10 will prioritize the work request and, if the request is 

possible, will complete the request accordingly. The SA/DBA will test the report and work 

out any problems with region 10. Once the report is finalized the SA/DBA will put the report 

into production and conduct a group training session with the affected staff members. 

When any RCRIS user identifies a need for an enhancement to RCRIS the suggestion will be 

forwarded to the appropriate supervisor. Once the request is approved, the request is 

forwarded to the SA/DBA. The SA/DBA then processes the request through the RCRIS 

Change Management Process as described by EPA. 

VIII Security 

The SA/DBA is responsible for maintaining RCRIS security. As employee turnover occurs the 

SA/DBA will add and delete names into RCRIS security. Mainframe security, (RACF), is 

maintained by EPA Region X. 

RCRIS has three levels of access. The lowest level is "read only." This will allow the user to 

view the data and order reports. Read only access is given to the Environmental Enforcement 

Manager, the RCRA Permits Manager and the RCRA Policy Manager. 

"Read/write" access allows the user access to all of the read only functions plus data entry 

access. Read/write access is given to all data entry operators that work on RCRIS. 

"DBA" access gives the user complete access to RCRIS. DBA access is given to the SA/DBA 

and the EPA Region 10 DBA. The RCRIS MOU defines instances in which the regional DBA 

will access RCRIS. 

IX Data Sharing 

The SA/DBA is responsible for assuring that data is shared between DEQ and EPA Region 10 

as defined in the RCRIS MOU. The SA/DBA will submit an extract to update the region's 

database on the third working day of each month. The regional DBA will submit an extract 

to update DEQ's database on the fourth working day of each month. 
IDAHO DEPARTMENT 

OF HEALTH AND 

DIVISION OF 

WELFARE 

~~J~~70:~rm ENVIRONMENTAL QUALITY 

WASTE MANAGEMENT BRANCH 

1410 North Hilton, Boise, 1083706-1255, Philip E. Batt, Governor (208) 334-0502 

July	 25, 1995 

Judy	 Fey 

U.S. EPA Region 10
 

1200 Sixth Avenue
 

Seattle, Washington 98101
 

Dear	 Ms. Fey: 

RE:	 Attachment #2 to 01/10/91 RCRIS MOU for Idaho 

Enclosed is the above-mentioned attachment in which DEQ 

and EPA, Region 10 agree to share all data, and agree 

that DEQ has assumed the function of assigning RCRA ID 

Numbers. 

Thank you for your assistance in this matter. 

Sincerely, 

Na,talie McLeod 

Hazardous Waste Science Officer 

Technical Services Bureau 

Permits and Enforcement 

NM: lS\memos\rcrismou,att 

Enclosure 

cc:	 COF 

MU 

Printed on Recycled Paper 
ATTACHMENT #2 TO 01/10/91 RCRIS MOU FOR IDAHO
 

Section II. TERMS OF AGREEMENT, Paragraph B. Information Sharing, last sentence: "All. 

data may be transferred as Region 10 and DEQ collectively agree." 

EPA Region 10 and DEQ hereby "collectively" agree to share all data. All data is 

defined as "core" and "non-core"data. It is understood that the non-core data will be 

transferred to the Region 10 Merged and Implementer Databases only. Non-core data 

will not be transferred to the National Oversight Database. 

Section II. TERMS OF AGREEMENT, Paragraph C. Implementor of Record 

Policies/Assignments, 1. lOR Policies, (a)., last sentence: "When access to the Facility Index 

System (FINDS) is established, DEQ will assume the function of assigning IDs." 

EPA Region 10 and DEQ hereby agree that DEQ will assume the function of 

assigning RCRA ID numbers through the RCRA ID Module of RCRIS which was 

implemented in Version 6.0.0, February 1995. 

SIGNATURES 

U.S. Environmental Idaho Department of 

Protection Agency Health and Welfare 

Division of Environmental 

Quality 

Judy Fey John Brueck 

RCRIS Project Officer RCRIS Project Officer 

Date W }d. 1 !9s- Date 7bt jq) I , 
x.
 

RCRA INSPECTION
 

FORMS AND CHECKLISTS
 
EPA AND SITE-SPECIFIC CHECKLISTS 

California List Waste 

Closure/Post-Closure Plan Checklist 

Contingency Plan Checklist 

Hazardous Waste Inspection Checklist 

HSWA Requirements 

Incinerators Checklist 

Land Disposal Restrictions Inspection Package 

National Multi-Media Screening Inspections Checklist 

Operation & Maintenance Inspection Guide 

Pre-Inspection Checklist 

RCRA Checklist for Recycling Wastes to be Burned for Energy Recovery 

Region 10 Waste Minimization Checklist 

Waste Prevention Checklist #1 

Waste Reduction Checklist 

Facility-Specific Inspection Checklist for PIT 

Facility-Specific Inspection Checklist for ESII 

Facility-Specific Inspection Checklist for MHAFB 

Idaho Revised Authorization Application
 

December 1994
 
CONTINGENCY PLAN CHECKLIST*
 

Name of Facility: 

*For Internal Use Only 

264.51 

264.52{a) 

264.52{c) 

264.52{d) 

264.52{e) 

264.52{f) 

264.53{b) 

264.55 

264.56{a){1) 

264.56{a){2) 

264.56{b) 

264.56{c) 

264.56{d){1) 

Drafted 12/12/88 

by Michael G. Rupert 

Is the contingency plan (C.P.) designed 

to minimize hazards? 

Does the C. P . meet all requirements of 

264.51 and 264.56? 

Does the C.P. describe arrangements with 

all emergency response organizations? 

Does the C.P. list, in order of decreasing 

authority, the emergency coordinators? 

Does the C.P. list and describe all 

emergency equipment at the facility? 

Does the C.P. have an adequate evacuation 

plan? 

Has the C.P. been submitted to all 

relevant emergency response agencies? 

Are there 

emergency 

hours/day? 

provisions 

coordinator 

for 

to 

at 

be on 

least one 

call 24 

Are there provisions for the emergency 

coordinator (E.C.) to notify facility 

personnel in the event of an emergency? 

Are there provisions for the E.C. to 

notify appropriate agencies for 

assistance? 

Are there provisions for the E. C. to fully 

characterize nature of release? 

Are there provisions for the E.C. to 

assess the hazards to health and the 

environment? 

Are there provisions for notification of 

authorities for need of evacuation? 
264.56(d)(2) 

264.56(e) 

264.56(f) 

264.56(g) 

264.56(h)(1) 

264.56(h)(2) 

264.56(i) 

264.56(j) 

Are there provkskons for notification of 

Center? 

the national or local Emergency Response o

Are there provisions for the E.C. to take 

all reasonable measures to minLmize 

hazards? 

Are there provisions, if appropriate, for 

monitoring problem spots if the facility 

stops operation? 

Are there provisions for treatment, 

storage, or disposal of contamination? 

Are there provisions to ILmit the mixing 

of incompatible substances? 

Are there provkskons to ensure all 

emergency equipment is fit for use before 

resuming operations? 

Are there provisions for the 

owner/operator to notify all relevant 

agencies before resuming operations? 

Are there provisions for the 

owner/operator to note in. the operating 

record; and to submit to the Regiona-l. 

Adminis·trator within 15 days, a report 

stating all details of the incident? 

o
 

----" --, 
HAZARDOUS WASTE INSPECTION CHECKLIST 

DATE: 

SITE/FACILITY: 

EPA 1. D. : 

ADDRESS: 

NOTIFICATION: 

Generator 

___Full Generator ____Transporter

___None ____Conditionally Exempt _____Small Quantity 

___TSD 

INSPECTION TYPE: __CEl __SA ___RR CME CSE __PI __CPI __OM ___CA ___Other (see CMEL definitions) 

LEAD: __State 

INSPECTOR: 

__EPA __Joint 

TELEPHONE: 

ASSISTING INSPECTOR(S): 

e SITE CONTACT: TELEPHONE: 

INSPECTION ARRANGED PRIOR TO INSPECTION DATE: Yes No
 

SITE PARTICIPANTS (Name and Title) :
 

TIME IN:
 

TIME OUT:
 

WEATHER CONDITIONS:
 

Prepared by: Reviewed by: 

Signature/Date Signature/Date. 

INSPECTOR INITIALS: 1-1
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

WASTE STREAM IDENTIFICATION o 

Waste Stream Description: 

Waste Generating Process: 

Generator's estimate of volume generated per month:
 

Generator's description of on-site handling and off-site disposal:
 

Generator has made a hazardous waste determination: Yes No 

Generator's determination: Hazardous Waste Non-hazardous Waste 

Generator's determination is based on: 1) Process knowledge 

2) Waste Analyses 

3) Other 

Waste Stream Description: 

Waste Generating Process: . _ 

Generator's estimate of volume generated per month:
 

Generator's description of on-site handling and off-site disposal:
 

Generator has made a hazardous waste determination: Yes No 

Generator's determination: Hazardous Waste Non-hazardous Waste 

Generator's determination is based on: 1) Process knowledge 

2) Waste analyses 

3) Other 

Waste Stream Description: 

Waste Generating Process: 

Generator's estimate of volume generated per month:
 

Generator's description of on-site handling and off-site disposal:
 

Generator has made a hazardous waste determination Yes No 

Generator's determination: Hazardous Waste Non-hazardous waste 

Generator's determination is based on: 1) Process knowledge o. 

2) Waste analyses 

3) Other 

INSPECTOR INITIALS: 1-2 
- -

----- -

site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION
 

GENERATOR CHECKLIST
 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS
 

NOTIFICATION REQUIREMENTS 

Generator has filed for 

and received an EPA I. D. 

number? 

Waste generation is consistent with 

notification? 

ASTE DETERMINATION 

Generators has made a 

H.W. determination for 

each waste stream? 

Waste analyses or other 

determinations for 

wastes shipped off-site 

within past 3 years are 

available for 

inspection? 

IFESTS 

anifests for past 3 

years available for 

inspection? 

T/S/D signed manifests 

W 

262.12 

262.11 

262.41 

262.40 

262.40 

for all shipments made 

35 days prior to 

inspection are available 

for inspection? 

Manifests properly 

completed? 

Manifests properly 

signed? 

Wastes manifested to an 

authorized T/S/D? 

Waste description and 

waste quantities shipped 

correspond to 

generator's description 

and quantity estimates? 

262.42 

262.20 

262.20 

262.20 

-

._... .. 

_. 

._--._~- .~.

-w­

.­ :._­

_. .-

INSPECTOR INITIALS:
 

C = Compliance; NC - Non compliance; NA - Not applicable; NI - Not inspected
 

II-1 
Site: 1.D.#: Date: 

HAZARDOUS WASTE INSPECTION
 

GENERATOR CHECKLIST
 

INSPECTION ITEM CITE C* NC* NA* NI* ·COMMENTS o

EXCEPTION REPORTS 

Generator has filed 

exception report within 

45 days for waste 

shipments where the 

T/S/D signed return 

manifest was not 

received within 35 days 

of the date of shipment? 

262.42 

BIENNIAL REPORT 

Generator has filed 

biennial reports when 

requested by the 

Director (1985, 1987)? 

262.41 

Copies of generator 

biennial reports for 

last 3 years available 

for inspection? 

262.40 

CONTINGENCY PLAN 

(Complete Contingency 

Plan Checklist) 

262.34.a 

PERSONNEL TRAINING AND 

TRAINING RECORDS 

(Complete Personnel 

Training Checklist) 

262.34.a 

PREPAREDNESS AND 

PREVENTION 

(Complete Preparedness 

and Prevention 

Checklist) 

262.34.a 

INSPECTOR INITIALS: 11-2 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 

c 
site: 1.0.#: Date: 

e 

INSPECTION ITEM 

HAZARDOUS WASTE INSPECTION 

GENERATOR CHECKLIST 

CITE C* NC* NA* NI* COMMENTS 

WASTE ACCUMULATION AREAS 

90-DAY ACCUMULATION 

Waste has been 

accumulated on-site for 

no more than 90 days 

before it is removed? 

(No accumulation dates 

are for more than 90 

days prior to the date 

of inspection?) 

262.34.a 

Accumulation containers 

and tanks labeled with 

words "Hazardous Waste"? 

262.34.a 

CONTAINERS 

(Complete container 

Checklist) 

ANKS 

(Complete Tank 

Checklist) 

SATELLITE ACCUMULATION 

(Complete Satellite 

accumulation 

checklist) 

INSPECTOR INITIALS: 11-3 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

PREPAREDNESS AND PREVENTION CHECKLIST 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

PREPAREDNESS AND PREVENTIot 

Facility maintained and 265.31 

operated to prevent 

release of hazardous 

waste or constituents? 

Facility equipped with 265.32.a 

internal communications 

or alarm system? 

Facility equipped with 265.32.b 

communication equipment 

immediately available at 

scene of operations? 

Facility equipped with 265.32.c 

fire control equipment? 

Facility equipped with 265.32.d 

water at adequate 

pressure and volume? 

Facility communication, 265.33 

fire and spill protection, 

and decontamination 

equipment tested and 

maintained to assure 

proper operation at time 

of emergency? 

When waste is being 265.34 

handled all personnel 

involved have immediate 

access to an internal 

alarm or emergency 

communication device? 

(may be visual or voice 

contact with another 

employee) 

Aisle space is maintained 265.35 

to allow unobstructed 

movement or emergency 

response personnel or 

equipment (unless aisle 

space not needed for that 

purpose) 

INSPECTOR INITIALS: III - 1 o 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 

c 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

PREPAREDNESS AND PREVENTION CHECKLIST 

SPECTION ITEM CITE c* NC* NA* NI* COMMENTS 

PREPAREDNESS AND PREVENTIO~ (cont) 

site has attempted to 265.37.a 

make arrangements 

1) to familiarize police, 

fire, local health 

departments, and E.R. 

teams with layout and 

waste handling activities 

at the site? 

2) Agreements between 265.37.a 

E.R. authorities 

designating primary 

authority? 

3) Agreements with State 265.37.a 

E.R. teams and local 

contractors? 

4) Arrangements with 265.37.a 

~cal hospitals regarding 

ypes of injuries 

associated with wastes 

handled at the site? 

Where State and/or local 265.37.b 

decline to enter into 

agreements, site has 

documented the refusal? 

Facility is in a Fire 265.31.b 

Protection District? 

If Facility is not in a 265.31.b 

Fire Protection District, 

facility has an approved 

fire protection plan? 

... -­

, . 

.. .,.- ! 

.£­

... 

INSPECTOR INITIALS: III - 2 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

PERSONNEL TRAINING CHECKLIST 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

PERSONNEL TRAINING PROGRAM 

Facility personnel receive 

classroom and on-the-job 

training which teaches 

them to perform their jobs 

so as to ensure facility 

compliance? 

262.34.a 

265.16.a 

H.W. personnel training 

is conducted by person 

trained in H.W. 

management? 

265.16.a 

H.W. training includes 

implementation of site 

contingency plan, and 

emergency procedures? 

265.16.a 

site personnel receive 

training within 6 months 

of new or changed 

employment? 

265.16.b 

site personnel are not 

working unsupervised 

prior to training? 

265.16.b 

site personnel receive an 

annual review training? 

265.16.c 

TRAINING RECORDS 

Training records 

maintained on-site for 

current personnel 

employed within last 

three years are maintained 

on-site and are available 

for inspection? 

265.16.d 

INSPECTOR INITIALS: IV - 1 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 

o
 

o
 
,

site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

PERSONNEL TRAINING CHECKLIST 

SPECTION ITEM CITE c* NC* NA* NI* COMMENTS 

TRAINING RECORDS (cont) 

Records include a job 

title and written job 

description for each 

position related to 

H.W. management? 

Records include a written 

outline of introductory 

and review training to be 

given for each job 

position? 

Records include 

documentation that 

required training was 

successfully completed 

by site personnel? 

~h

e --, 

.'l", ' 

\ -­

265.16.d 

265.16.d 

265.16.d 

SPECTOR INITIALS: IV - 2 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 
Site: LD.#: Date: 

HAZARDOUS WASTE INSPECTION 

CONTINGENCY PLAN CHECKLIST 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

CONTINGENCY PLAN 

Copy of contingency plan 

is maintained on-site? 

262.34 

265.53.a 

Site contingency plan 

designed to minimize 

hazards from fires, 

explosions or unplanned 

release of hazardous 

waste or constituents to 

air, soil, surface or 

ground waters? 

265.52.a 

Plan describes 

arrangements made with 

local response 

authorities? 

265.52.c 

-----+------+--

Plan lists names, 

addresses, office and 

home phone numbers for 

designated E.R. 

coordinators? 

One E.R. coordinator 

listed as primary 

coordinator? 

265.52.d 

----+

265.52.d -­--+-­-+­--+----------'c 

One employee designated 

E.R. coordinator is onsite or on call? 

265.55 

E.R. coordinator is 

thoroughly familiar with 

contingency plan, site 

operations, waste 

handling locations and 

operations, site records, 

and site layout? 

(cross-check with 

personnel training records 

for listed coordinators) 

265.55 

INSPECTOR INITIALS: v - 1 o 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

CONTINGENCY PLAN CHECKLIST 

SPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

CONTINGENCY PLAN (cont) 

E.R. coordinator has 

authority to commit 

resources needed to 

implement contingency 

plan? 

Plan includes an up-todate list of all 

emergency equipment onsite? 

265.52.c 

List includes description 

of emergency equipment, 

location, and 

capabilities? 

265.52.c 

Plan includes an 

evacuation for site 

~rsonnel including 

~ignal(s) to begin 

evacuation, and primary 

and alternative 

evacuation routes? 

265.52.f 

Plan includes procedures 

for E.R. coordinator to 

activate internal alarms? 

265.56.a 

Plan includes procedures 

for E.R. coordinator to 

notify designated State 

and Local response 

authorities? 

265.56.a 

Plan includes procedures 

for E.R. coordinator to 

follow to immediately 

identify the character, 

source, amount, and 

extent of released 

terials? 

265.56.b 

INSPECTOR INITIALS: V - 2 

*C = Compliance; NC = Non compliance , NA Not applicable; NI = Not inspected 
Site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION
 

CONTINGENCY PLAN CHECKLIST
 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS
 

CONTINGENCY PLAN (cont) 

Plan includes procedures 

for E.R. coordinator to 

follow to access possible 

hazards to human health 

and the environment from 

the incident? 

265.56.c 

Plan includes notification 

procedures if E.R. 

coordinator determines 

incident threatens human 

health or environment 

outside the facility? 

265.56.d 

Plan provides procedures 

to prevent the spread of 

the incident to other 

hazardous waste at the 

facility? 

265.56.e 

Plan provides procedures 

to properly manage 

hazardous waste 

generated as a result of 

an incident? 

265.56.g 

Plan provides requirement 

for written notification 

to the Department within 

15 days after the 

incident? 

265.56.i 

Copies of the Plan are 

submitted to local and 

State E.R. which may be 

called to respond to an 

emergency? 

265.53.b 

contingency Plan reviewed 

and amended whenever plan 

had failed in an emergency 

changes have been made to 

the facility, changes are 

made to regulations, or 

changes are made to list 

of emergency coordinators 

or emergency equipment? 

265.54 

o
 

INSPECTOR INITIALS: V - 3 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
i 

site: I.D.#: Date: 

e 

HAZARDOUS WASTE INSPECTION 

CONTAINER CHECKLIST 

(Complete this page for each container storage area at site) 

_ 

Name or Identification of Area: 

Type of container Storage Area: ____Generator gO-day Interim Status 

Location of Container Storage Area: __ 

Description of container Storage Area: _ 

Construction: 

Approximate Dimensions:
 

Number and Description of containers currently in storage:
 

eiagram: 

Comments: 

INSPECTOR INITIALS: VI - 1
 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION
 

CONTAINER CHECKLIST
 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

-------r--.------.-------r-------r-------r------10 

CONTAINER STORAGE 

GENERATOR STORAGE ONLY 

The date of when accumulation began is labeled on 

container and is clearly 

visible for inspection? 

262.34.a 

GENERATOR AND TjSjD 

STORAGE 

H.W. is accumulated in 

containers of good 

condition? (wastes in 

containers not in good 

condition must immediately 

be transferred) 

265.171 

H.W. is compatible with 

container? 

265.172 

containers are closed 

except when waste is 

being added or removed? 

265.173a 

container is not stored 

or handled in a manner 

to cause a rupture or 

leak? 

265.173b 

container area is inspected weekly for leaks or 

deterioration? 

265.174 

containers storing 

ignitible or reactive 

waste are located at least 

50 feet from site's 

property line? 

265.176 

o
 

INSPECTOR INITIALS: VI - 2 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 

o
 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

CONTAINER CHECKLIST 

NSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

GENERATOR AND T/S/D (cont) 

Aisle space is maintained 

to allow unobstructed 

movement of emergency 

response personnel or 

equipment? (unless aisle 

space not needed for that 

purpose) 

265.35 

Incompatible wastes/ 

materials are not placed 

into the same container? 

265.177a 

H.W. are not to be placed 

into an unwashed container 

which previously held an 

incompatible waste? 

265.177b 

H.W. must be separated 

(dike, berm, wall, etc.) 

from incompatible wastes 

or materials? 

e 

265.177c 

~;:I

w",. 

INSPECTOR INITIALS: VI - 3 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 
-----

-----

site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

TANK CHECKLIST 

Number of Tanks used for Hazardous Waste Accumulation 

Generator gO-day: Interim Status: 

or Storage: o 

Name or Identification: 

Type of Tank Storage: _____Generator gO-day Interim Status 

Location of Tank: 

____~Above Ground _____Below Ground 

Design Capacity: 

Construction: 

Approximate dimensions (if appropriate):
 

Description and date of accumulation of Hazardous Waste currently in storage: _
 

Comments: 

Name or Identification: 

Type of Tank Storage: _____Generator gO-day _____Interim Status 

Location of Tank: 

____~Above Ground Below Ground 

Design Capacity: 

Construction: 

Approximate Dimensions (if appropriate):
 

Description and Date of Accumulation of Hazardous Waste currently in storage: __
 

Comments: 

INSPECTOR INITIALS: VII - 1 o 

c 
Site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

TANK CHECKLIST 

SPECTION ITEM CITE c* NC* NA* NI* COMMENTS 

GENERATOR AND T/S/D TANKS 

Tanks are clearly labeled 

with words "hazardous 

waste" 

H.W. not placed in tank
 

it could cause to
 

rupture or leak, or
 

generate extreme heat or
 

pressure or fire or
 

explosion, or violent
 

reaction, etc?
 

Uncovered tanks have at
 

least two feet of
 

freeboard?
 

If tank is continuous
 

feed, tank is equipped
 

with a means to stop
 

H.W. inflow? 

Tank discharge control 

tltuipment and waste level 

n tank are inspected 

daily? 

Tank construction is
 

inspected weekly to
 

detect corrosion and
 

leaks?
 

Area immediately 

surrounding tank is 

inspected weekly to detect 

corrosion or signs of 

leakage? 

At closure, all hazardous 

waste residues are 

removed from tank and 

associated equipment? 

264.34.a 

265.192a 

265.192b 

265.192c 

265.192c 

.--. 

265.194a 

-

vo'" 

265.194a .. 

265.194a 

265.197 

INSPECTOR INITIALS: VII - 2 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 
Site: I.D.#: Date: 

INSPECTION ITEM 

HAZARDOUS WASTE INSPECTION 

TANK CHECKLIST 

CITE C* NC* NA* NI* COMMENTS 

GENERATOR AND T/S/D TANKS 

(cont) 

Ignitible or reactive 

wastes are not placed 

into a tank unless the 

waste is rendered nonignitable or reactive, OR 

the stored waste is 

protected from materials 

or conditions which might 

cause it to ignite or 

react OR the tank is used 

solely for emergencies? 

265.198a 

Tanks which are used to 

store or treat an 

ignitable or reactive 

waste comply with NFPA 

buffer requirements? 

265.198b 

Incompatible wastes/ 

materials are not placed 

into the same tank? 

265.199a 

H.W. is not placed into an 

unwashed tank which held 

an incomplete waste or 

material? 

(If tank is being reused, 

site must show that it is 

being properly cleaned) 

265.199b G 

T/S/D TANKS ONLY 

Before storing a 

chemically different 

waste, or a different 

process waste, waste 

analyses and trial treatment or storage tests are 

conducted or written documentation on similar 

processes is obtained? 

265.200 

INSPECTOR INITIALS: VII - 3 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 

o 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

SATELLITE ACCUMULATION CHECKLIST 

4Ilmber of Satellite Accumulation Areas at site: 

Name or Identification: 

Location of Area: 

Description: 

Number of containers/Amount of hazardous waste currently in storage: 

Name or Identification: 

~cation of Area: 

Description: 

Number of containers/Amount of hazardous waste currently in storage: 

Name or Identification: 

Location of Area: 

Number of Containers/Amount of hazardous waste currently in storage: 

4ItSPECTOR INITIALS: VIII - 1 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

SATELLITE ACCUMULATION CHECKLIST 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

SATELLITE ACCUMULATION 

Satellite area is at or 262.34.c 

near initial point of 

generation? 

Area is under the direct 263.34.c 

control of the operator 

of the generating 

process? 

No more than 55 gallons 262.34.c 

of H.W. is stored in the 

area? 

H . W. is accumulated in 262.34.c 

containers of good 265.171 

condition? 

H . W. is compatible with 262.34.c 

container? 265.172 

Accumulation container is 262.34.c 

closed except when waste 265.173 

is being added or removed? o 

container is not stored or 262.34.c 

handled in a manner to 265.173 

cause a rupture or leak? 

Accumulation containers 262.34.c 

are labeled with 

"hazardous waste" or other 

words which identify the 

contents? 

The location of each 262.34.c 

satellite and gO-day 

accumulation areas are 

listed in the site 

contingency plan? 

INSPECTOR INITIALS: VIII - 2 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 

o
 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) CHECKLIST 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

CONDITIONALLY EXEMPT 

SMALL QUANTITY GENERATORS 

261. 5 

(Less than 100 kg/month) 

Less than 100 kg of nonacute or less than 1 kg 

of acute hazardous waste 

is generated per month? 

(if quantities greater 

than 100 kg/month but 

less than 1000 kg/month 

are generated, complete 

SQG Checklist; if 

quantities greater than 

1000/kg month are 

generated, complete 

Generator Checklist) 

262.34.d 

ASTE DETERMINATION 

Has CESQG made a H.W. 

determination for each 

aste stream? 

W 261.5.f 

262.11 

.-

W ASTE ACCUMULATION 262.5.f 

Has CESQG accumulated 

no more than 1000 kg 

of non-acute or 1 kg of 

acute hazardous waste 

on-site? 

(if accumulated in 

greater quantities, 

waste becomes sUbject 

to requirements for SQG, 

Complete SQG Checklist) 

INSPECTOR INITIALS: IX-1 

4It = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
Site: I.D.#: Date: 

CONDITIONALLY 

INSPECTION ITEM 

HAZARDOUS WASTE INSPECTION 

EXEMPT SMALL QUANTITY GENERATOR (CESQG) CHECKLIST 

CITE C* NC* NA* NI* COMMENTS o 

CONDITIONALLY EXEMPT 261.5 

SMALL	 QUANTITY GENERATORS 

(less tha 100 kg/month) 

(cont) 

WASTE HANDLING 

Does CESQG treat or dis­ 261.5.f.
 

pose of H.W. on-site or
 g.
 

ensure delivery to an
 

off-site T.S.D. which
 

is:
 

1) permitted by CDH to
 

accept hazardous waste;
 

or
 

2) has interim status to
 

accept hazardous waste;
 

or
 

3) is authorized to
 

manage hazardous waste
 

by the EPA or a State
 

program;
 

or
 

4) a beneficial user or
 o 

re-user or the 

hazardous waste 

INSPECTOR INITIALS: IX-2 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 

o 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

SMALL QUANTITY GENERATOR CHECKLIST (100-1000 kg/month) 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

NOTIFICATION REQUIREMENTS 

SQG has filed for and 

received an EPA I.D. 

number? 

262.12 

Waste generation is 

consistent with 

notification? 

WASTE DETERMINATION 

SQG has made a H.W. 

determination for each 

waste stream? 

262.11 

Between 100 and 1000 kg 

of non-acute hazardous 

waste is generated per 

month? (if quantities 

~ess than 100 kg/month 

are generated, complete 

"Conditionally Exempt" 

Checklist; if quantities 

greater than 1000 k9/ 

month are generated, 

complete Full Generator 

checklist) 

262.34.d 

At all times there is 

one employee on-site or 

on call with the 

responsibility of 

coordinating emergency 

response measures? 

262.34.d 

4. 

INSPECTOR INITIALS: X-1 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 

e 
Site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

SMALL QUANTITY GENERATOR CHECKLIST (100 - 1000 kg/month) 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

SQG posts the following 

information by the 

telephone: 

1) Name and telephone 

number of the emergency 

response coordinator? 

262.34.d 

4. 

2) Location of fire 

extinguishers, spill 

control materials, and 

if present fire alarm? 

3) Telephone number of 

the Fire Department (unless facility has a 

direct alarm)? 

The emergency 262.34.d 

coordinator or designee 

has responded to all 

emergencies at the 

facility? 

4. 

Emergency coordinator's 

response includes the 

following: 

1) In the event of fire, 

call the Fire Department 

or attempt to extinguish 

the fire? 

262.34.d 

4. 

2) In the event of 

spill, contain the 

hazardous waste to extent possible, and as 

soon as possible clean 

up the hazardous waste 

and any contaminated 

surfaces? 

3) In the event of 

incident which could 

threaten human health 

off-site or where spill 

has reached surface 

water EC immediately 

contacts the National 

Response Center? 

INSPECTOR INITIALS: X-2
 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
 

c 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION
 

SMALL QUANTITY GENERATOR CHECKLIST (100 - 1000 kg/month)
 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS
 

SQG ensures that all 

employees are thoroughly 

familiar with proper 

waste handling and 

emergency response 

procedures relevant to 

their responsibilities? 

PREPAREDNESS AND 

PREVENTION 

(Complete Preparedness 

and Prevention 

checklist) 

WASTE ACCUMULATIONS 

SQG has no more than 

6000 kg of hazardous 

on-site at any time? 

WASTE ACCUMULATION AREAS 

SQG has stored waste onsite for no more than 

180 days? (if generator 

ships waste greater than 

~OO miles, storage may 

~e for no longer than 

270 days) (No accumulation dates are for more 

than 180 OR 270 days 

prior to the date of 

inspection?) 

Accumulation containers 

and tanks labeled with 

words "Hazardous 

Waste"? 

262.34.d 

4. 

262.34.d 

3. 

262.34.d 

1. 

262.34.f 

.. 

., 

262.34.d 

3 . 

262.34.a 

3. 

CONTAINERS 

(Complete container 

Checklist) 

TANKS 

(Complete Tank Checklist) 

SATELLITE ACCUMULATION 

(Complete Satellite 

Accumulation Checklist) 

INSPECTOR INITIALS: X-3 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 

I 
site: 1.D.#: Date: 

INSPECTION ITEM 

HAZARDOUS WASTE INSPECTION 

TRANSPORTER CHECKLIST 

CITE C* NC* NA* NI* COMMENTS 

TRANSPORTERS 

NOTIFICATION REQUIREMENTS 263.11 

Transporter has filed for 263.11 

and received an EPA I.D. 

number? 

Waste transportation is 

consistent with 

notification? 

GENERATOR STANDARDS 

(Complete Generator 

Checklist) 

A transporter must comply 263.10.c 

with generator standards 

if: 

1) He transports hazardous 

waste into Idaho; or 

2) He mixes hazardous 

wastes of a different 

applicable DOT or PUC 

shipping description by 

placing them into a o 

single container. 

TRANSFER STATIONS 

Transporter stores 263.12 

manifested shipments of 

hazardous waste in 

containers for no more 

than 10 days? 

INSPECTOR INITIALS: XI - 1
 

*C = compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 
 
site: 1.0.#: Date: 

SPECTION ITEM 

HAZARDOUS WASTE INSPECTION 

TRANSPORTER CHECKLIST 

CITE c* NC* NA* NI* COMMENTS 

TRANSPORTERS (cont) 

MANIFESTS 

only loads accompanied by 

a properly signed manifest 

from the generator were 

accepted by the 

transporter? 

263.20.a 

Manifests for past 3 years 

for all shipments 

available for inspection? 

263.22 

Transporter properly 

signed and dated the 

manifest? 

263.20.b 

Transporter properly 

obtained from the TSD or 

second transporter? 

263.20.d 

, 

Transporter delivered 

entire quantity of H.W. 

the designed facility 

second transporter? 

263.20.d 

INSPECTOR INITIALS: XI - 2 

*C = Compliance; NC = Non Compliance; NA = Not applicable; NI = Not inspected 
Site: 1.D.#: Date: 

HAZARDOUS WASTE INSPECTION
 

GENERAL INTERIM STATUS FACILITY REQUIREMENTS CHECKLIST
 

INSPECTION ITEM 

GENERAL FACILITY 

STANDARDS NOTIFICATION 

REQUIREMENTS 

Facility has filed for 

and received an EPA 

1. D. number? 

Facility has filed a 

Part A application for 

T/S/D units? 

Waste management is 

consistent with 

notification and Part A 

annlication? 

WASTE ANALYSIS 

Has TSD obtained a 

detailed physical and 

chemical analysis of the 

H.W. sufficient for onsite handling? (analysis 

may include data develoned under Part 261 ) 

Facility has developed a 

waste analysis plan 

which include all waste 

streams and waste 

management units at the 

facilitv? 

Facility waste analysis 

plan is at the facility 

and is available for 

insnection? 

Waste analysis plan 

includes designated 

parameters and 

iustification? 

Waste analysis plan 

includes procedures for 

obtaining a representative samnle? 

Waste analysis plan 

includes test methods to 

be used? 

Waste analysis plan 

includes description of 

frequency analyses will 

be undated? 

Waste Analysis Plan 

directs that waste 

stream be analyzed to 

ensure that the analysis 

is up-to-date including 

whenever the waste 

generating process has 

changed? 

INSPECTOR INITIALS: 

*c = Compliance; NC = Non 

CITE C* NC* NA* NI* COMMENTS
 

265.11 

100.10 

265.13 

265.13.a 

265.13.b 

265.13.b 

265.74 

265.13.b 

265.13.b 

265.13.b 

265.13.b 

265.13.a 

o
 

o
 

XII-1 

compliance; NA = Not applicable; NI = Not inspected 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

GENERAL INTERIM STATUS FACILITY REQUIREMENTS CHECKLIST 

INSPECTION ITEM CITE c* NC* NA* NI* COMMENTS 

GENERAL FACILITY STANDARDS 

~ont} - SECURITY 

"'acility has provided 265.14 

adequate security (fence, 

wall etc.) to prevent 

unknowing or unauthorized 

entry of persons or livestock onto the active 

portion of the facility? 

(certain exemptions exist
 

for this reauirement)
 

Facility has provided
 265.14.c 

adequate warning signs 

which designate that unauthorized personnel are 

to stay out? (recommended 

language: DangerUnauthorized personnel 

Keeo Out) 

Facility warning signs 265.14.c 

are also posted in any 

language which is 

predominant in the area 

surroundina the facilitv? 

(Note: security is also
 

intended to keep
 

unauthorized facility
 

~ersonnel from the active ~arts of the facilitv) 

GENERAL INSPECTION 265.15.b 

REQUIREMENTS
 

(Note: individual unit
 

types also have separate
 

inspection requirements)
 

Facility has developed and
 

followed a written
 

schedule for inspecting
 

all monitoring equipment,
 

safety and emergency
 

response equipment,
 

security devices,
 

operating and structural
 

equipment that are impor­


tant to preventing, detec­


ting, or responding to
 

environmental and human
 

health hazards}? (cross
 

check with equipment list
 

in facility continaencv olan)
 

Facility inspects facility
 265.15 

for malfunctions, deterioration, or operator errors 

.-and discharges which may 

.ead to: 

1} release of H.W. or H.W. 

constituents? 

2) threat to human health? 

INSPECTOR INITIALS: XII-2 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION
 

GENERAL INTERIM STATUS FACILITY REQUIREMENTS CHECKLIST
 

INSPECTION ITEM CITE C* NC* NA* NI* COMMENTS 

GENERAL INSPECTION 

REQUIREMENTS (cont) 

Facility maintains 

inspection schedule 

the facility? 

at 

265.15.b 

, , 

Facility inspection 265.15.b 

schedule is available 265.74 

for insoection? 

Schedule specifics 

include: daily 265.15.b 

inspections, when in 

use, for areas subject 

to spills such as 

loading and unloading 

areas? 

Inspection records are 

maintained for each 

inspection conducted, 

and list -any discrepancy 

or inadequacy and any 

remedial action taken 

by the facility? 

Facility remedies all 

discrepancies and 

inadequacies found 

during facility unit 

inspections? 

265.15.c 

265.73 

265.15.d 

265.15.c 

o 

If the inadequacy has or 265.15.c 

will result in an 

imminent hazard, 

facility immediately 

takes appropriate 

remedial action? 

PERSONNEL TRAINING 265.16 

(Complete personnel 

trainina checklist) 

IGNITABLE/REACTIVE/ 

INCOMPATIBLE WASTES 

Facility takes precautions on accidental 

ignition or reaction 

of wastes? 

265.17.a 

While ignitable or 

reactive are being 

handled, facility 

contains open flames 

and No Smoking signs 

are conspicuously 

placed? . 

INSPECTOR INITIALS: XII-3 o 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
site: 1.D.#: Date: 

HAZARDOUS WASTE INSPECTION
 

GENERAL INTERIM STATUS FACILITY REQUIREMENTS CHECKLIST
 

INSPECTION ITEM 

IGNITABLE/REACTIVE/ 

INCOMPATIBLE WASTES 

(cont) 

Facility handles wastes 

so as to prevent: 

1) generation of 

extreme heat or 

pressure, fire or 

explosion, or violent 

reaction? 

2) production of uncontrolled toxic dusts, 

mists qases. etc.? 

3) Damage to structural 

integrity of unit containina waste? 

Threaten human health 

or the environment? 

PREPAREDNESS & PREVENTION 

(Complete Preparedness 

and prevention checklist) 

CONTINGENCY PLAN 

(Complete Contingency
 

Ian Checklist)
 

ERATING RECORD
 

Facility keeps a written 

operating record at the 

facility? 

Operating record is 

available for 

insDection? 

Operating record contains a description of 

the type, quantity, and 

location of each hazardous waste at the 

facility? 

Operating record contains records of waste 

analyses? 

Operating record contains summary reports 

and details of all 

incidents requiring 

implementation of continqencv DIan? 

Operating record contains records of monioring data? 

CITE c* NC* NA* NI* COMMENTS 

265.17.b 

265.73 

265.73.a ._. 

265.74 

265.73.b 

INSPECTOR INITIALS: XII-4 

*C = Compliance; NC = Non compliance; NA = Not applicable; NI = Not inspected 
-----------------------------------------

site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

COMMENTS 

o 

INSPECTOR INITIALS: XIV - 1 o 

c 
site: I.D.#: Date: 

HAZARDOUS WASTE INSPECTION 

LIST OF ATTACHMENTS 

DOCUMENT DESCRIPTION NUMBER OF PAGES ISOURCE 

I 

OBTAINED 

." 

4IJSPECTOR INITIALS: XIII - 1
 
-----------------------------------------c 

Site: 1.0.#: Date: 

HAZARDOUS WASTE INSPECTION 

SUMMARY OF FINDINGS 

G
 

INSPECTOR INITIALS: xv - 1 o 

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PERMITS AND ENFORCEMENT 

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Hazardous Waste 

CompIiancelEnforcement Strategy 

December 22, 1994 e Page2of9 

"The Resource Conservation and Recovery Act Inspection Manual"(1993) is usedfor initial training 

of Hazardous Waste Science Officers (HW Science Officers) and as a refresher guide for all 

compliance staff. HW Science Officers prepare for an inspection by reviewing DEQ's facility files. 

State developed inspection checklists are utilized for inspections where applicable. HW Science 

Officers follow current EPA inspection guidelines for scrutinizing facility records, waste analysis 

plans, employee training, emergency preparedness and contingency planning, manifest usage, 

sampling data, and waste minimization plans. Inspection guidelines/checklists are continually updated 

by both DEQ and EPA. Improvements to inspection guidelines/checklists are integrated as upgrades 

occur. 

EPA Publication SW-846 and the 1988 Hazardous Materials Bureau Standard Operating Procedures 

as amended, are used as guidance for sampling activities. Compliance staff are trained and provided 

with specialized equipment to handle most sampling activities for tanks, containers, contaminated soils 

and small in-ground pits or impoundments. For very large surface impoundments or very large soil 

areas, special sampling plans, specific equipment, and additional staff or outside contractor services 

may be required to complete the sampling activity to obtain representative samples. Compliance staff 

work closely with the State Laboratory in preparation of samples and formulating methods to address 

testing not normally performed by the Lab. 

The most comprehensive inspections presently performed by compliance staff are at Land Disposal 

Facilities (e.g., ESII-B) and Federal Facilities (e.g., INEL). Presently, State resources are on-site 

twenty-five percent of the operating time at the ESII-B Facility. Although HW Science Officers 

witness many daily activities at the hazardous waste landfill, an annual inspection is performed by the 

State to scrutinize all aspects of operation, including but not limited to: waste identification, analysis 

and recordkeeping, contingency and emergency planning, personnel training and protection, spill 

containment, equipment integrity, operational procedures, groundwater data assessment and/or 

sampling, manifest checking, and waste disposal recordkeeping. During a comprehensive inspection, 

staff are assigned specific areas and prepare individual sections of the Narrative Inspection Report. 

Inspections of this magnitude may also require extensive post-inspection in-house review of 

information obtained during the inspection. Waste analysis, training, contingency and emergency 

planning, and other operational records are usually reviewed prior to the site inspection so the HW 

Science Officer can focus on facility specific procedures during the inspection. Review of plans 

which may require the use of outside contractor services will be undertaken as necessary under the 

coordination of the appropriate compliance staff member. Where the regulated unit has a permit, the 

annual inspection will also include verification of compliance with all permit-specific requirements. 

HW Science Officers denied entry will leave the facility and call or return to the office to discuss the 

issue of facility access denial with the DEQ Enforcement Bureau RCRA Manager (EB Manager), 

DEQ Enforcement Bureau Chief (EB Chief) and/or the Attorney General's Office (AG's Office). A 

decision to initiate formal entry procedures, authorized by Idaho Code § 39-4412(5), is based on 

criteria which prompted the inspection and the owner/operator's previous compliance history. 

Facilities which have received RCRA/HWMA permits are subject to permit suspension and revocation 

(termination) for denial of entry, in accordance with IDAPA 16.01.05.012 (40 CFR §§ 270.30 and 

§§ 270.43). 
Idaho
 

Division of Environmental Quality (DEQ) o 

Hazardous Waste 

Compliance/Enforcement Strategy 

I. OVERVIEW 

A. Idaho's Hazardous Waste Authority 

Idaho's authority to regulate hazardous waste is vested in the Hazardous Waste Management Act of 

1983 (HWMA), Idaho Code § 39-4401 et seq, and the Rules and Standards for Hazardous Waste 

(Hazardous Waste Rules), IDAPA 16.01.05.000 et seq. Idaho is authorized to administer the 

hazardous waste program in lieu of the U.S. Environmental Protection Agency (EPA) pursuant to the 

Resource Conservation and Recovery Act of 1976 (RCRA), as amended, by the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

B. Idaho's Regulated Community 

Idaho's regulated community is diverse in activity and includes Department of Defense facilities and 

a major Department of Energy facility within the permitted facilities regulated. In addition, the 

regulated community consists of primarily light industrial and service-type companies who generate 

and/or handle hazardous waste. 

C. Compliance and Enforcement Philosophy o 

The State's hazardous waste program protects human health and the environment from the threat of 

hazardous waste by bringing violators into compliance from the point of generation to final treatment, 

reuse, or disposal. The tools used to implement this policy consist of direct monetary or equivalent 

economic sanction penalties, informational media to bring forth public pressure to ensure handler 

compliance, and legal avenues to enforce compliance. 

II. INSPECTIONS 

A. Inspection Procedures 

Inspections are conducted to ascertain compliance with state and federal hazardous waste 

requirements. All inspections include evaluation of processes and their associated waste streams in 

addition to the review of product data to determine characteristic properties of the waste. Often 

samples of waste streams are collected for analysis to verify the accuracy of the generator's waste 

characterization. Inspections also include the evaluation of quantities of wastes generated, 

accumulated or stored on-site to determine regulatory status. 

Compliance inspections are conducted pursuant to a complaint or as part of the regularly scheduled 

inspections that are negotiated annually through the State Grant Work Plan. Complaints are received 

from the EPA Idaho Operations Office (100), DEQ Regional Offices, direct telephone contact from 

the general public, other federal, state, or local agencies, and regulated facilities. The degree of 

response to a complaint depends upon such factors as whether the complainant was an eye-witness, 

the type of facility, imminency of threat to human health and the environment, proximity to 

population, water sources or other environmentally sensitive media, travel distance to the site, and 0 

availability of resources as determined by DEQ management. 
I 

O!

XI. 

COMPLIANCE ENFORCEMENT	 0 

STRATEGY 

o
 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 3 of9 

B. Inspection Prioritization 

Inspection priorities are determined by EPA's RCRA Implementation Plan (RIP), current EPA policy 

directives and DEQ established initiatives/priorities. Situations in which DEQ must initiate an 

immediate response to a release, or possible release, of hazardous waste which may impact human 

health or the environment are given an immediate priority as determined by the EB Manager and EB 

Chief. Non-emergency inspection activities are negotiated at the beginning of each federal fiscal year. 

This negotiation includes identifying and scheduling TSDF inspections, and the total number of (unnarned) generator inspections. One month prior to the beginning of each federal fiscal year quarter 

all scheduled generator inspections will be identified by DEQ and submitted to EPA-IOO. 

C. Staff Experience and Credentials 

There are six (6) HW Science Officers and the EB Manager devoted exclusively to field inspection 

activities. The HW Science Officers are responsible for all inspection activities and preparation of 

enforcement actions, and may be called upon to serve as expert witnesses in either civil or criminal 

court actions. Prior experience of compliance staff include, on the average, several years of RCRA, 

Superfund/CERCLA, water quality, or general environmental sampling and inspection experience. 

As part of initial training, new inspectors are paired with senior compliance officers to maintain 

consistency with interpretation and application of the RCRA/HWMA regulations. The senior 

inspector/mentor approach has been most efficient to familiarize new staff with DEQs 

inspection/enforcement role. 

HW Science Officers gain access to facilities or sites upon a presentation of credentials signed by the 

Idaho Department of Health and Welfare Director (Director). 

m. ENFORCEMENT 

A. Enforcement Process Overview 

The identification, processing, and final resolution of an enforcement action follows a step-by-step 

chain of events that is repeated for every instance of non-compliance. These events are listed in 

chronological order. 

1. Inspection. 

After a field inspection, the HW Science Officer assures the inspection checklists are complete, 

prepares the Narrative Inspection Report, develops and catalogues photographs, submits sarnples 

for analysis, requests additional information/documentation from the facility as necessary and 

reviews the additional documentation upon receipt, and determines violations. 

2. Facility Notification 

In accordance with EPA's Enforcement Response Policy of 1987 (ERP) guidelines, a facility is 

notified of non-compliance by the following: the HW Science Officer drafts a Warning Letter 

(WL) or Notice of Violation (NOV) for all administratively-issued actions. 

After review by the EB Manager and assigned Deputy Attorney General (Attorney), WLs are 

submitted to the EB Chief for approval, signature, and issuance. 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 4 of9 o 

NOVs are reviewed by the EB Manager and assigned Attorney prior to submittal to the EB Chief. 

After approval, the EB Chief routes the NOV to the Permits and Enforcement Division Assistant 

Administrator (AA) who initiates a chain-of-command procedure through the DEQ Administrator 

to the Director for signature. Normally, it takes 10 days for an NOV to be signed by the 

Director after leaving the EB Chief. The NOV is then issued via certified mail to the facility. 

B. Violations 

1. Classifications 

The strategy for recognition and enforcement of violations of HWMA and the Hazardous Waste 

Rules is summarized in EPA's 1987 ERP. This document is herein adopted as part of this 

Compliance/Enforcement Strategy. 

ERP violations are classified into two main categories and three priorities to delineate the 

appropriate enforcement response. 

a. Class I Violations 

1)	 Failure to assure that hazardous wastes are delivered to permitted facilities; 

2)	 Failure to detect, prevent, or provide emergency or corrective action for releases 

of hazardous waste. o 

b. Class II Violations 

1)	 Any violation which is not considered Class I. 

Violators having committed a Class I or Class II violation are segregated into 

three categories based upon the nature of the violation(s) and/or the history of 

previous compliance. 

c. High Priority Violator (HPV) 

1)	 Has caused actual or substantial likelihood of exposure to hazardous waste or 

hazardous constituents; 

2) Is a chronic or recalcitrant violator, i.e., Class I or Class II repeated violations; 

3) Has failed to perform activities and/or failed to meet timeliness stipulated in a 

Permit, Consent Order, or Decree; or 

4) Has substantially deviated from statutory or regulatory requirements. 

d. Medium Priority Violators (MPV) 

1) Violator with one or more Class I violations who does not meet the criteria of 

a HPV. 

2) Violator with one or more Class II violations but which is addressed by the State 

through an NOV. 

o
 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 5 of 9 

e. Low Priority Violator (LPV) 

1)	 Violator who has committed only Class II violations and is not a high priority or 

medium priority violator. 

The ERP contains criteria used to determine which violator category is applicable 

and appropriate agency response and timeframes. These procedures as well as 

State/EPA joint interactions or "referred to EPA" enforcement cases are fully 

addressed in the ERP. The Violation Class and Violator status are documented 

in RCRIS (the Resource Conservation and Recovery Act Information System). 

2. Notification 

Violators are informed of an enforcement action by Certified Mail delivery of a WL or NOV. 

In the case of a Judicial Referral (JR), the violator is notified by phone by the assigned Attorney 

upon his receipt of the JR. 

The WL recites applicable State rules and HWMA provision violated and may include copies of 

the specific statute(s) and rules(s). 

The NOV recites applicable State rules and HWMA provisions violated; may include copies of 

the specific statute(s) or rules(s); may stipulate monetary penalties pursuant to the HWMA Civil 

Penalty Policy; and, stipulates the violator may request a compliance conference to discuss the 

alleged violation(s), proposed penalty amount, and other information to seek a resolution of the 

enforcement action. The NOV stipulates a request for a compliance conference must be made 

within fifteen (15) days after receipt of the NOV. Although the actual compliance conference is 

usually held after the fifteen (15) day contact period, the lack of contact by the violator within 

this time period may induce further enforcement action. In most cases, a courtesy telephone call 

is made to the violator by the EB Manager if the fifteen (15) day limitation is approaching and 

no contact has been made by the violator. 

C. Administrative Enforcement 

1. Compliance Conference 

Compliance conferences are used to bring together DEQ's compliance representatives (HW 

Science Officer(s), EB Manager, EB Chief and Assistant Attorney General) and the alleged 

violator to discuss issues contained in the NOV. 

A pre-conference discussion is held between the HW Science Officer(s), the EB Manager, and/or 

the EB Chief to recount the violations, the proposed penalty, and past history of the violator. 

Also discussed are any other factors which the EB Manager needs to know as he/she represents 

DEQ in the compliance conference. 

The lead role in conference negotiations is held by the EB Manager. The EB Manager explains 

that the purpose of the conference is to provide an opportunity for the alleged violator to explain 

the circumstances surrounding the alleged violation(s) and to agree to a negotiated Consent Order 

(CO) which precludes further enforcement action and compels compliance. 

Written enforcement decisions and agreements will not be made during the compliance conference 

since only the Director is authorized to sign COs. File notes are drafted by the HW Science 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 6 of 9 o 

Officer to document negotiations and additional information provided during the compliance 

conference. All enforcement activities are tracked by the HW Science Officer and documented 

in RCRIS. 

The compliance conference can be expanded, in difficult proceedings, to include more than one 

meeting, and may extend over a lengthy time period. In any case, if an agreement cannot be 

reached within sixty (60) days after receipt of the NOV, DEQ may seek civil action in district 

court after preparation of a JR by the HW Science Officer and subsequent action by the AG's 

Office. If negotiations proceed satisfactorily, DEQ may elect to extend the sixty (60) day period. 

2. Consent Order 

The CO, which stipulates actions to be undertaken by the violator, schedules for compliance 

and/or deliverables, and the agreed upon penalty or other acceptable compensation, shall be 

signed by the violator and the Director at the end of formal negotiations. 

The goal in setting compliance schedules in COs is to assure the facility achieves compliance by 

demonstrating progress. The State takes into consideration the amount of time necessary to 

achieve physical compliance when setting schedules. Time limits are discussed with the facility 

representatives during the compliance conference and an agreed upon schedule is set. Past EPA 

and State COs are used as guidance in setting timetables. A very short timeframe, such as five 

(5) days, is set for submittal of documentation that facility representatives claim is available at 

the facility. A longer timeframe, such as ninety (90) days, is given for submittal of plans and 

procedures that must be developed by the facility. A longer time period is usually set for cleanup 

actions that may need to be taken if such delayed action would not pose an imminent threat to 

human health, public safety, or the environment. 

An extension to a CO compliance schedule may be granted for justifiable reasons. In the 

extension request, the owner/operator must document why the extension is necessary and that 

negligence has not caused the delay. In addition, the State will perform a completeness review 

on all documents, plans, and/or procedures. 

If the documentation is not acceptable, a revision is requested and a short turnaround time is 

required. 

Compliance schedules that are not met may be addressed by DEQ in several ways. The first 

response is for a DEQ representative to call the owner/operator and inform himlher of the missed 

deadline. If the schedule is then met within five (5) working days, no formal action will be 

taken. If the schedule is not met within this additional allowance period, a WL is sent to the 

owner/operator explaining the deadline was missed and must be met within five (5) working days. 

If the owner/operator does not respond to this WL, legal action may ensue. Legal actions that 

may be taken are issuance of NOV that will site the CO violation and assess a penalty, or 

initiation of a civil suit. 

o
 

0 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 7 of9 

D. Non-Administrative Enforcement 

1. Judicial Referral 

A higher degree of enforcement is brought about by a non-administrative civil or criminal 

procedure. To begin this process, the HW Science Officer prepares a Judicial Referral Package 

(JR). The JR is a case history compilation that includes all factual data and a step-by-step 

account of activities, places, and people involved in the site inspection leading to the violation 

determination. Depending on the circumstances of the case, the AG's Office can, by request of 

the EB Chief, initiate a direct investigation under prevailing criminal procedures whereby the 

AG's Office conducts in-field investigations to document all evidence in preparation of criminal 

proceedings. 

2. Litigation 

DEQ may institute civil action as its first response under the following circumstances: 

1) significant threat to human health or the environment,
 

2) violator is a chronic offender,
 

3) legal obstacles prevent a non-litigation process, or
 

4) precedent-setting enforcement action.
 

DEQ is authorized to initiate litigation sixty (60) days after an NOV has been issued and . f 

resolution has not been reached through a CO. If DEQ determines that, due to the seriousness 

of the violations or that an NOV and CO will not bring about compliance, DEQ may begin court 

action without first initiating an administrative action. The EB Manager, in concert with the EB 

Chief, makes the decision to pursue litigation. The EB Chief discusses litigation with the AA 

and the DEQ Administrator, who discusses it with the Director. In most cases, the DEQ 

Administrator has full authority to initiate the litigation process with consultation and review by 

the Director. Filing of a complaint is subject to approval of the AG's Office. The decision 

whether or not to pursue litigation is based on the seriousness of the violation(s) and the ability 

to reach a settlement through administrative procedures. 

Subsequent to the receipt of a complaint, the defendant has twenty (20) days to reply. Once an 

answer to the complaint is received, legal discovery begins. Legal action must be brought within 

two (2) years after DEQ first has knowledge or ought reasonably to have knowledge of the 

violation. 

Other agencies which might have an interest in the case, for instance EPA's Regional Counsel 

or the U.S. Department of Justice, may be contacted during the litigation process. 

3. Legal Resources 

DEQ's hazardous waste enforcement efforts are provided by the AG's Office Division of Natural
 

Resources. There are seven and three fifths (7.6) Attorneys assigned to DEQ with approximately one
 

and half (1.5) FTE Attorneys dedicated to hazardous waste enforcement. The AG's office provides
 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 8 of 9 o 

a full range of legal advice to the Enforcement Bureau including enforcement review and participation
 

in civil and criminal litigation. The AG's office also performs a standard review of NOVs and may
 

participate in compliance conferences. However, they do not have the authority to veto an
 

Enforcement Bureau request to issue an NOV or to prepare an enforcement action. If there are
 

significant disagreements, the legal staff can raise their concerns to the appropriate levels
 

administratively; but the ultimate decision rests with the Director.
 

The decision that cases are suitable for district court action is determined by the AG's Office. The
 

EB Chief, in consultation with the AA and DEQ Administrator, determines if a case should be filed.
 

The assigned Attorney prepares a complaint after review of the JR.
 

E. Public Notification 

All enforcement actions are routinely included in a press release at their inception and their closure.
 

When the facility is notified of a violation and when the corresponding Consent Order is signed, the
 

Compliance officer completes a DEQ press release form and submits it to the Planning and
 

Evaluation's Public Affairs Unit. The Public Information Officer prepares the press release. After
 

extensive review within DEQ, it is released to the press.
 

F. Assurance of Compliance 

DEQ strives to ensure that facility owner/operators come into compliance after enforcement actions o 

have been taken. This assurance is achieved in several ways, depending on the type of enforcement 

action taken, the severity of the violations, and the category of the facility. 

Ifthe enforcement action is a WL requiring submittal of documentation detailing the owner/operator's
 

remedy of violations, DEQ reviews the submitted information and, if adequate to assure compliance,
 

sends the owner/operator a written response confirming resolution or return to compliance status.
 

If compliance has not been achieved, further information is requested until DEQ is satisfied that all
 

violations have been remedied. Timeframes for completion of remedies will be stipulated in any
 

follow-up request when the initial response is insufficient to confirm compliance. Enforcement action
 

using WLs will not normally bring forth a follow-up inspection, unless there.is reason to suspect
 

environmental damage has occurred or false information has been provided to DEQ.
 

If the enforcement action is an NOV which results in a CO, DEQ will review submitted
 

documentation as required by CO compliance schedules. DEQ may also prescribe assurances of
 

future compliance in the CO. Ifthe CO requires a cleanup action, a DEQ representative may conduct
 

an on-site inspection during cleanup activities and/or after CO requirements have been met.
 

G. Permit Enforcement 

A State permit is a license for a facility to operate under specific conditions as requested by the permit
 

applicant and approved by DEQ. The operational HWMA/RCRA permit contains items which are
 

immediately enforceable if violated and if deemed severe enough by DEQ, may bring forth permit 

suspension or revocation. If an application is deemed incomplete, a notice of deficiency (NOD) will o 

be issued. Pursuant to IDAPA 16.01.05.012, action may be brought against permit applicants who 
Hazardous Waste 

CompliancelEnforcement Strategy 

December 22, 1994 

Page 9 of 9 

fail to correct incomplete or inadequate permit applications. In addition, if a complete application is 

not submitted in a timely manner, enforcement proceedings may be initiated by the Hazardous Waste 

Permit Manager in conjunction with the EB Manager and appropriate legal staff. Within ninety (90) 

days after request of an application, the facility is inspected by a HW Science Officer and the assigned 

Permit Officer. Interim status facilities which have not yet submitted or received a request for their 

Part B Application will continue to be inspected by HW Science Officers with the completed results 

forwarded to the assigned Permit Officer. All permit and enforcement actions are reviewed and 

discussed with the EB Manager; the DEQ Operating Permits Bureau (OPB) Hazardous Waste Permit 

Manager, the EB Chief, and the OPB Chief to ensure permit and enforcement activities are properly 

coordinated. 

H. Enforcement Prioritization 

Complaints from the general public are primarily investigated by Regional Office staff who determine 

whether the potential for a violation exists. Ifso, the Regional Office refers the complaint to the EB 

Manager for enforcement. The EB Manager prioritizes the complaints based on immediacy of threat 

to human health or the environment, compliance history of the facility, notification status of the 

facility, complaint motives, quantity of waste, regional coverage, and multi-media concerns. 

IV. INFORMATION MANAGEMENT 

Inspection information is gathered from inspector field logs, photographs, inspection checklists, 

photocopies, and sampling data. Appropriate information derived from an inspection is recorded on the 

Resource Conservation and Recovery Information System (RCRIS) Data Entry Form and submitted to 

the RCRIS Project Officer in the Operating Permits Bureau for review and direct data entry into RCRIS. 

From the initial date of inspection, all subsequent dates of compliance/enforcement decisions or actions 

are entered into RCRIS. Information including the Narrative Inspection Reports, narratives, and photos 

are kept in a secured facility file. File information is kept at least three (3) years after which it may be 

archived. 

V. STATE/EPA COORDINATION 

In those instances where inspections reveal violations of EPA regulations which the State has no 

equivalent, the HW Science Officer notes this violation in the Narrative Inspection Report. If the chosen 

enforcement action is a WL, the EPA violation will be included in the WL and the facility will be asked 

to comply. EPA 100 determines if enforcement action is warranted and refers the action to EPA Region 

10. 
I 

, . , 

XII. 

COMPLIANCE ASSURANCE AGREEMENT 

'e
 
Idaho Division of Environmental Quality
 

and
 

U.S. Environmental Protection Agency, Region 10
 

HAZARDOUS WASTE
 

COMPLIANCE ASSURANCE AGREEMENT
 

I. Introduction 

The purpose of this Hazardous Waste Compliance Assurance Agreement (Agreement) is to define the relationship 

between the State of Idaho (State), Division of Environmental Quality (DEQ) and the U.S. Environmental 

Protection Agency, Region 10 (EPA) regarding enforcement of the hazardous waste program (as defined by the 

federal Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste 

Amendments of 1984 (HSWA» and to clarify mutual expectations for conducting compliance activities relating to 

hazardous waste management in the State of Idaho. This Agreement embodies and reflects the principles outlined 

in the "Revised Policy Framework for State/EPA Enforcement Agreements." 

It is understood the State will have responsibility for enforcement of the hazardous waste program pursuant to the 

authority provided by the Hazardous Waste Management Act (HWMA), Idaho Code § 39-4401 et~. and the 

Rules and Standards for Hazardous Waste (Hazardous Waste Rules), IDAPA 16.01.05.000 et~. EPA will 

assume an oversight role to ensure full execution of authorized requirements. EPA retains authority for nondelegated HSWA requirements. However, EPA will normally defer to the State enforcement actions that are 

consistent with federal requirements and which result in achieving compliance with applicable statutes and 

regulations. 

This Agreement may be modified by either party. Any major modification or revision must be in writing and 

signed by the Administrator of DEQ and the Director of the EPA Region 10 Hazardous Waste Division. Minor 

revisions may be approved by the Chief of the DEQ Enforcement Bureau and the Chief of the EPA Waste 

Management Branch, Seattle. This Agreement will become effective upon signature by the State and EPA. 

II. Compliance and Enforcement Performance 

Oversight of the State enforcement program by EPA will be accomplished through written reporting requirements, 

compliance and enforcement overviews, file reviews, and mid-year and annual reviews of applicable State program 

components. The program performance expectations are contained in the following, which are also utilized in 

conducting program reviews: 

1. Idaho's 1994 Revised Authorization Application and Memorandum of Agreement (MOA); 

2. National Criteria for a Quality Hazardous Waste Management Program (June, 1988); 

3. EPA's Enforcement Response Policy (December, 1987); 

4. Idaho CompliancelEnforcement Strategy (1994); 

5. HWMA Civil Penalty Policy (June, 1987); 

6. RCRA Civil Penalty Policy (May, 1984); 

7. RCRA/State Oversight Inspection Guide (October 1990); 

8. RCRA Program Evaluation Guides (OSWER, July, 1988); 

9. U.S. EPA Annual RCRA Implementation Plan (RIP) 

10. State/EPA Agreement and State Grant Workplan; 

11. Federal Facilities Compliance Strategy (November, 1988); 

12. Federal Facilities Compliance Act of 1992; 

13. RCRIS Memorandum of Understanding (MOU) (1991); 
Hazardous Waste
 

Compliance Assurance Agreement .
 

December 22, 1994 

Page 2 

14.	 Final Addendum on Multi-Media Enforcement to the Policy Framework on State/Federal 

Enforcement Agreements (May, 1992); . 

15.	 Policy on the Use of Supplemental Environmental Projects in EPA Settlements (February, 1991) 

16.	 Criminal Enforcement Addendum to the Policy Framework for State/EPA Enforcement Agreements 

(February, 1993). 

III. Inspections 

A. Oversight: 

The purpose of EPA oversight is to strengthen the State enforcement program and ensure national RCRA 

goals are achieved. EPA's oversight is to be accomplished through evaluation of the State's compliance 

inspection and enforcement activities in accordance with documents referenced above. 

It is agreed that designated EPA and State personnel shall actively participate in selected joint inspection 

processes. The State inspector will take the lead in all oversight inspections, except when mutually agreed 

in advance by the State and EPA, that EPA will assume the lead. Prior to conducting an oversight 

inspection, the EPA representative will brief the appropriate State compliance inspector on the purpose and 

extent of the oversight inspection. The lead State inspector and the EPA representative will then review 

. files, compliance reports, and follow-up documents to determine if data needs are sufficient to satisfy 

program requirements for inspection purposes. During the inspection the lead inspector shall be the person 

responsible for obtaining information determined to be necessary. The EPA inspector may participate as 

necessary to clarify issues, evaluate violative practices, document findings, insure compliance with federal 

requirements and otherwise complete the inspection. Any information obtained will be made available to 

both agencies. 

Upon completion of an oversight inspection, the EPA inspector is responsible for conducting a closing 

interview with the State inspector. The purpose of this interview is to evaluate the State inspector's 

performance and enhance hislher ability to conduct an inspection. The State inspection report will be 

provided to EPA in accordance with the Enforcement Response Policy and the National Criteria for a 

Quality Hazardous Waste Management Program. EPA will provide the State with a copy of EPA's 

oversight review of the State inspection report within forty-five (45) calendar days of receiving the report. 

B. Other: 

EPA may conduct independent inspections of RCRA handlers with prior notification to the State. Every 

attempt will be made to discuss independent inspections with the State to clarify the scope and to explain 

the rationale and need for the inspection. 

IV. Reasonable Notice 

EPA inspections of facilities within the state will normally be conducted jointly with the State and after appropriate 

prior notice is provided to the State. EPA will provide the State with a schedule of oversight inspections by the 

end ofthe first quarter of the federal fiscal year. The schedule will include independent inspections, consistent with 

the DEQ inspection schedule, and in accordance with the procedures outlined in the MOA. Every effort will be 

made to accommodate unscheduled inspections and/or unforeseen situations that may not allow for advance notice. 
Hazardous Waste 

Compliance Assurance Agreement 

December 22, 1994 

Page 3 

V. Timely and Appropriate Enforcement Action 

It is understood the State will address all violations of HWMA and the Hazardous Waste Rules within the State's 

jurisdiction. It is further understood the State's authority, policy, and procedures for enforcement are not identical 

to EPA's. The State agrees to take timely and appropriate enforcement actions consistent with the EPA 

Enforcement Response Policy and the HWMA Civil Penalty Policy. Regarding formal enforcement actions (those 

requiring an administrative order), EPA and DEQ view the federal timeliness criteria as target time frames only. 

The State shall have the enforcement lead for any violation of State program requirements. The State will also give 

consideration to information submitted by the public regarding potential violations of HWMA or the Hazardous 

Waste Rules. 

The State agrees that EPA may take independent enforcement action if the State has not acted in a timely and 

appropriate manner. Prior to EPA initiating any specific overfile enforcement action, the State and EPA agree to 

consult with each other to verify compliance and enforcement circumstances. The quarterly compliance meetings 

will act as a forum for the State and EPA to negotiate appropriate State enforcement action in lieu of EPA overfile. 

All quarterly compliance meetings will have written agendas developed with input from both the State and EPA 

ten (10) working days in advance of the scheduled meeting date. The results of these meetings will be documented 

in writing and available to the State and EPA twenty (20) working days following the meeting. 

If the State and EPA do not agree on an acceptable enforcement action, the Administrator of DEQ and the Director 

of the EPA Region 10 Hazardous Waste Division will attempt to reconcile outstanding differences prior to 

proceeding. In no case will EPA issue an order or commence civil action in the state without providing DEQ 

notice pursuant to RCRA § 3008. Normally, prior to issuing any enforcement action, EPA will provide the State 

with a copy of the order referring to the action and allow fourteen (14) days for State comments. 

EPA retains its right to issue orders and bring actions under §§ 3OO8(a), 3008(c), 3008(h), 3013, and 7003 of 

RCRA and any other applicable federal statute. 

VI. Reporting 

The State agrees to classify and report violators, including high priority violators, in accordance with EPA's 

Enforcement Response Policy (December, 1987). All State inspection and enforcement activity will be reported 

by the State in the Resource Conservation and Recovery Information System (RCRIS) database using direct RCRIS 

data entry. RCRIS data will be submitted via the merge process on the schedule provided by EPA and agreed to 

by DEQ, and will include all inspection and enforcement activity completed the previous month. The State is 

responsible for the accuracy of State-owned RCRIS data and data entry. Other program reporting responsibilities 

for the State and EPA are addressed in the MOA, the State/EPA Agreement, theRCRA Workplan, and the RCRIS 

MOV. 

VII~ Notification 

The State and EPA agree to share compliance information relevant to a pending or issued enforcement action on 

a facility of mutual interest or concern as described in other agreements and as discussed at quarterly meetings 

(e.g., lab data, consultant reports, compliance follow-ups, manifest discrepancy reports, etc.). This information 

will be shared in a timely and responsible manner. 
Hazardous Waste 

Compliance Assurance Agreement 

December 22, 1994 

Page 4 

The State and EPA will seek to resolve differences in interpretation of regulations, technical judgement or program 

goals, and priorities as they arise. All resolutions/decisions shall be documented in writing and followed by both 

the State and EPA. 

Any enforcement-related public notice, news release, or other public announcement from EPA which relates to a 

matter for which the State has primary enforcement responsibility shall be provided to and discussed with the State 

prior to release by EPA. In such cases, the State will be provided with an opportunity to be present at all press 

conferences or public meetings where EPA press releases are to be discussed. If possible, seventy-two (72) hours 

notice, but not less than twenty-four (24) hours, will be given to the State prior to issuance of a press release or 

the holding of a press conference by EPA relating to a matter for which the State has primary enforcement 

responsibility. 

VIII. Effect 

Nothing in this Agreement shall be construed to constitute a valid defense by regulated parties in violation of any 

state or federal environmental statute, regulation, or permit. 

IX. Expiration, Termination, and Revision 

This Agreement shall continue in effect until terminated in writing by the State or EPA upon sixty (60) days prior 

notice to the respective party. This Agreement will be reviewed on an annual basis a~d may be updated as 

necessary. 

rlN-I'l nr:~· d ,-_.;. ; 1- " 

; - - I 

,

J 11:4 -( \;.·IL/~0·1l /U/-L-L 17. ;~ y;I fly' ( . -

Joe Nagel;JAdministrator Date 

Idaho Division of Environmental Quality 

Randall Smith, Director Date 

EPA Region 10 Hazardous Waste Division 
PUBLIC INFORMATION
 

REQUEST FORMS
 
-~
 

IDAHO OEPARTMENT OF HEALTH AND WELFARE
 

DIVISION OF ENVIRONMENTAL QUALITY
 

RESPQNSE TO REQUEST TQ EXAMINE ANDIOR COpy PUBLIC RECORDS
 

Date 

o Requestor notified that DHWIDEQ will 

Requestor Name respond in '0 days liD Code 9·3391. 

Date Request Approved andlor Transmitted Date Request Denied 

REASON FOR DENIAL OF REQUEST: 

o 10 Code 9·340(' I: exempt by federal o 10 Code 9-340(22): investigatory records. law or 

state law or regulations enforcement agency ., 

o	 10 Code 9·340(21: Trade Secret o 10 Code 9·340(231: Public Assistance. handicap, or 

environmental or public health study. 

o	 10 Code 9·340(7): Public Project o 10 Code 9·340(241: Child protection. youth 

Pre-Bid rehabilitation. adoptions. mental health. 

o 10 Code 9·340("): Vital Statistics o 10 Code 9-340(251: Reportable Disease 

o	 10 Code 9·340('4)('5): Personal o 10 Code 9·340(261: Hospital. psychiatric. counseling 

records. licensing, certification or medical records. 

or permit 

LJ 10 Code 9:~40(' 61: Computer Program C 10 Code 9·340(27): Youth Rehabilitation 

[J 10 Code 9·340(361: Personnel	 Other: 

..-­

, 

i.-.J 

, The anomey for the Department has reviewed this request and response. 

The custodian has had an opportunity to consult with an anomey and has chosen not to do so. 

Custodian Name	 Signature 

NOTICE:	 If your request has been denied. you have '80 days to appeal this 

decision by filing a petition in the state district court of the county 

where all or part of the records are located pursuant to Idaho Code 

9·343. 

o Number of Copies made. Based on the number of copies you request, please remit $ _ 

Make checks payable to Division of Environmental QualitY 
-~

IDAHO DEPARTMENT OF HEALTH AND WELFARE 

DIVISION OF ENVIRONMENTAL QUALITY 

REQUEST TQ EXAMINE AND/OR COpy PUBLIC RECORDS 

Date 

Name Telephone 

Business Name, Affiliation or Represent8tive 

Mailing Address City State Zip Code 

Description of Public Record: 

For Automated Records, specify media: 

All requests for public information must be made in writing. Please indicate whether you prefer to 

examine records or will request copies to be made. Idaho Code exempts certain documents from 

public disclosure (e.g •• investigatory records, environmental or public health studies. personnel 

records. etc.l. 

Signature of Requestor 

Acknowledgement of Custodian: 

o - NOTICE: This request is voluminous and/or cannot easily be located. Response shall be made within ten 

('0) working days. 

IDHW:DEQ Publnfo RQst Form No. 00' 7/90 
XIV. 

• -

IDAHO PUBLIC RECORDS ACT 
9-333 EVIDENCE 656 

for as public records. Written notice shall be given the Idaho State Histori­


cal Society sixty (60) days prior to the destruction of any such original.
 

[1957,ch.206,§ 2,p. 433; arn. 1969,ch. 126,§ l,p.388;am. 1989,ch. 120,
 

§ 1, p. 267.]
 

Compiler's nctes, Section 2 of S.L. 1969, that the act would become effective July 1, 

ch. 126 is compiled herein as § 9-711. 1990. 

Section. 2 of S.L. 1989, ch. 120 provided 

9-333. Admissibility in evidence of copies of destroyed records. ­


The photostatic, photographic, microphotographic or microfilmed copy of
 

any such record destroyed or disposed of as herein authorized, or a certified
 

copy thereof, shall be admissible in evidence in any court or proceeding,
 

and shall have the same force and effect as though the original record had
 

;:t".;..: _ been produced and proved. It shall be the du:ty of the custodian of such ·7J= 

....,:.•.['p;. 

records to prepare enlarged typed or photographic copies of the records '~.t~:: '5;,,..~.~. whenever their production is required by law. [1957, ch. 206, § 3, p. 433.] 

9-334. Copies of records to be in duplicate - One copy for display 

purposes, the other placed in fireproof vault. - Whenever any record 

or document is copied or reproduced by microphotographic or microfilm, or 

other mechanical process as herein provided it shall be made in duplicate, 

and the custodian thereof shall place one copy in a fireproof vault or fireproof storage place, and he shall retain the other copy in his office with 

suitable equipment for displaying such record by projection to not less than 

its original size or for preparing, for persons entitled thereto to copies of the 

record. [1957, ch. 206, § 4, p. 433.] 

9-335. Ex~mp~~~'-fro~ ctiscio~~ - C()irlid~~tiality.~::"'- (1) No~~ withstanding any'stat1.ite'·or··rwe of court to the .eontrary, nothing in this 

chapter nor chapter 10, title 59, Idaho Code, shall be construed to require ~:;'

disclosure of investigatory records compiled for law enforcement purposes .':~.

by a law enforcement agency, but such exemption from disclosure applies /. 

only to the extent that the production of such records would: " 

(a) Interfere with enforcement proceedings; 

(b) Deprive a person of a right to a fair trial or an impartial adjudication;'";'" 

(c) Constitute an unwarranted invasion of personal privacy; 

(d) Disclose the identity of a confidential source and, in the case of a
 

record compiled by a criminal law enforcement agency in the course of a
 

criminal investigation, confidential information furnished only by the
 

confidential source;
 

(e) Disclose investigative techniques and' procedures; or 

(f) Endanger the life or physical safety of law enforcement personnel. 

(2) An inactive investigatory record shall be disclosed unless the disclosure would violate the provisions of subsection (l)(a) through (f) of this " 

section. Investigatory record as used-herein means information with re- .:; 

spect to an identifiable person or group of persons compiled by a law en- '<', 

forcement agency in the course of conducting an investigation of a specific ::~

act or omission and shall not include the following information: ' 
j 

I

.! 

! 

I' 

9-336 

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

in § 9·340. 

Opinions of Attorney General. Generally. public records are open to the public; 

however. subsection (1) of this section exempts from disclosure certain law enforcement investigatory records and documents 

that might otherwise be subject to disclosure. 

OAG 86-7. 

PUBLIC WRITINGS 

Compiler's notes, Section 2 of S.L. 1986, 

eh, 210 as amended by § 1 of S.L. 1987, ch, 

224, as amended by § 1 of S.L. 1988, ch. 227 

read: "An emergency existing therefor, which 

emergency is hereby declared to exist, this 

act shall be in full force and effect on and 

after its passage and approval. Chapter 227 

was approved March 29, 1988. 

(a) The time, date, location, and nature and description of areported 

crime, accident or incident; 

(b) The name, sex, age, and address of a person arrested, except as otherwise provided by law; 

(c) The time, date, and location of the incident and of the arrest; 

(d) The crime charged; 

(e) Documents given or required by law to be given to the person arrested; 

(f) Informations and indictments except as otherwise provided by law; 

and 

'." (g) Criminal history reports. 

, e­ ~. As used herein, the term "law enforcement agency" means the office of 

. ':', ~the attorney general, the department of law enforcement, the office of any 

~:: prosecuting attorney, sheriff or municipal police department. 

.. l-~: (3) Whenever it is made to appear by verified petition to the district 

court of the county where the recordsor some part thereof are situated that 

certain investigative records are being improperly withheld from a member 

of the public, the court shall order the officer or person charged with withholding the records to disclose the investigative record or show cause why 

~;' he should not do so. The court shall decide the case after examining the 

{. l'ecord in camera, papers filed by the parties, and such oral argument and 

}" .additional evidence as the court may .allow. 

..~; H the court finds that the public official's decision to refuse disclosure is 

,~, notjustified, he shall order the public officials to make the record public. If. . 

~:. the judge determines that.the public official was justified in refusing to 

make the record public, he shall return the item to the public official without disclosing its content with an order supporting the decision refusing 

disclosure. Any person who fails to obey the order of the court shall be cited 

to show cause why he is not in contempt of court. The court may, in its 

discretion, award costs and fees to the prevailing party. [I.C., § 9-335, as 

added by 1986, ch. 210, § I, p. 543.] 

.:."" 

';..­

9-336. Evidence from preliminary hearing - Admission - Requirements. - Prior to admitting into evidence recorded testimony from a 

preliminary hearing, the court must find that the testimony offered is: 

1. Offered as evidence of a material fact and that the testimony is more 

""~' probative on the point for which it is offered than any other evidence which 

.. ··t··:. the proponent can procure through reasonable efforts; and 

~·jf.;' .,. 2. That the witness is, after diligent and good faith attempts to locate, 

~:d. unavailable for the hearing; and "~,,

'~~~/~~. 6 l ; ,- . -:: • 

.... .. 
"};.> 

FoE':._. 

of previously recorded testimony of a preliminary hearing should be admissible under the 

safeguards contained within section 9-336, 

Idaho Code. The legislature finds that it is 

against public policy to adopt a per se rule 

excluding preliminary hearing testimony 

from a subsequent criminal proceeding. The 

legislature finds that such an exclusion provides an incentive to a criminal defendant to 

take steps to prevent a witness from testify. 

ing at trial. It is the policy of the state that 

all relevant and admissible evidence should 

be usable in criminal proceedings." 

Legislative Intent. Section 1 of S.L. 1989, 

eh. 51 read: "The legislature is aware of the 

case of State v. Elisondo, 114 Idaho 412, 757 

P.2d 675 (1988), which overrules the earlier 

case of State v, Mee, 102 Idaho 474,632 P.2d 

633 (1981). In the Elisondo case the court 

held that the admission of the preliminary 

hearing testimony of an unavailable witness 

in the subsequent criminal trial violates the 

public policy of the state of Idaho. It is the 

legislature of the state of Idaho that declares 

what the public policy of the state shall be. In 

examining those considerations, it is the 

opinion of the legislature that the admission 

9-337. Definitions. - As used in sections 9-337 through 9-34-7, Idaho' :··::~t Code: . ._~{:::r;~~:

(1) "Copy" means transcribing by handwriting, photocopying, duplic3.t-·'·}:~

ing machine and reproducing by any other means so long as the public '::? 

record is not altered or damaged. . :''O,/t~"

(2) "Custodian" means the person having personal custody and control of ;~~~"

the public records in question. Ifno such designation is made by the public iii" 

agency, then custodian means any public official having custody of, control ":~';

of, or authorized access to public records and includes all delegates of such ' 

officials, employees or representatives. ":~-:;'o?

(3) "Inspect" means the right to listen, view and make notes of pUblic:~ .'.~.

records as long as the public record is not altered or damaged. :t' .:.;1 ,X:;' . (4) "Investigatory record" means information with respect to an ideritifi-( 

able person, group of persons or entities compiled by a public agency pursu..O': 

ant to its statutory authority in the course of investigating a specific~act>

omission, failure to act, or other conduct which the public agency has regu-, 

latory authority or law enforcement authority over. ..': .~~:~

(5) "Law enforcement agency" means any state or local agency given la~

enforcement powers or which has authority to investigate, enforce, prose; 

cute or punish violations of state or federal criminal statutes, ordinances or: 

regulations.' "..J;!:, 

(6) "Local agency" means a county, city, school district, municipal corP~. ration, district, public health district, political subdivision, or any ageneY~

thereof, or any committee of a local agency, or any combination thereof.~'

(7) "Person" means any natural person, corporation, partnership, firm/':~,;:..~.

association, joint venture, state or local, agency or any other recognized .~&

legal entity. '.. ' . 

(8) "Public agency" means any state or local agency as defined in thiS,'. 

section. ..d1f 

(9) "Public official" means any state, county, local district or governm~ti'_:.-

tal official pr employee, whether elected, appointed or hired. ".;;~ :.~.;.

;.:± 

<r.' 

9-337 EVIDENCE 658 )';~'~:

·,'~',.?i·

3. That at the preliminary hearing, the party against whom the admis­ 'l~~.

sion of the testimony is sought had an adequate opportunity to prepare and :-;;;;:: . " 

cross-examine the proffered testimony. [LC., § 9-336, as added by 1989, ch. .' 

51, § 2, p. 63.] 
PUBLIC WR:mNGS 9-338 .~: , :/'

':(10) "Public record" includes, but is not limited to, any writing contain­

~'~" information relating to the conduct or administration of the public's 

, -usiness prepared, owned, used or retained by any state or local agency 

, ' gardless of physical form or characteristics. 

(11) "State agency" means every state officer, department, division, bu­ " 

.u-eau, commission and board or any committee of a state agency including
 

/" those in the 'legislative or judicial branch, except the state militia.
 

.. (12) "Writing" includes, but is not limited to, handwriting, typewriting,
 

,printing, photostating, photographing and every means of recording, in­


~clu.ding letters, words, pictures, sounds or symbols or combination thereof,
 

and all papers, maps, magnetic or paper tapes, photographic films and 

":lints, magnetic or punched cards, discs, drums or other documents. [l.C., 

',;'9-$37, as added by 1990, ch. 213, § 1, p. 480.] 

, See. to sec. ref. This section is referred to
 

• ,§ 9-340•
 

. : 9-338. Public records - Right to examine. - (1) Every person has a
 

, ~ht to examine and take a copyof any public record of this state and there
 

~'" apresumption that all public records in Idaho are open at all reasonable
 

,times for inspection except as otherwise expressly provided by statute.
 

~r' (2) The right to copypublic records shall include the right to make photo­


,graphs or photographic or other copies while the records are in the posses-:
 

.sion of the custodian of the records using equipment provided by the public
 

~_agency or using equipment designated by the custodian.
 

·~ti~:, (3) Additionally, the custodian of any public record shall give the person,
 

~t,~~ demand, a certified copy of it if the record is of a nature permitting such
 

~:~copying or shall furnish reasonable opportunity to inspect or copy such 

0: 'record.
 

~,;t)~-' (4) The custodian shall make no inquiry of any person who applies for a
 

~~;' public record, except that the person may be required to make a written
 

;t:;-:~' request and provide a mailing address andtelephone number. _
 

?::t: -. (5) The custodian shall not review, examine or scrutinize any copy, pho­


tograph or memoranda in the possession of any such person and shall ex­


tend to the person all reasonable comfort and facility for the full exercise of
 

the right granted under this act.
 

(6) Nothing herein contained shall prevent the custodian from maintaining such vigilance as is required to prevent alteration of any public record 

" while it is being examined, 

,< ',"' (7) Examination of public records under the authority of this section 

~.:,;:,: must be conducted during regular office or working hours unless the custo­

,,~, . dian shall authorized examination of records in other than regular office or 

~..;, ,: working hours. In this event, the persons designated to represent the custo­

;',~, ,: dian during such examination shall be entitled to reasonable compensation 

'~> ~,: ", to be paid to them by the public agency having custody of such records, out 

,~:..:: of funds provided in advance by the person examining such records, at 

'~:~3~ other than regular office or working hours. 

:~:.::; ,', (8) A public agency or public official may establish a copying fee sched­

~~;~~?' ule. The fee may not exceed the actual cost to the agency of copying the 

~~:j·t~:···
9-339 EVIDENCE 

record if another fee is not otherwise provided by law. The actual cost shali:':~;~

not include any administrative or labor costs resulting from locating and .I?"? 

providing a copy of the public record. For providing a duplicate of a COIn-';~·

puter tape, computer disc, microfilm or similar or analogous record system .:.::~

containing public record information, a public agency or public official may \;,: 

charge a fee, uniform to all persons that does not exceed the sum of the.\~"

following: - . .' .:'~~_,

.(a) The agency's direct cost of copying the information in that form; ."}?" 

(b) The standard cost, if any, for selling the same information in the fonn' "~:::.,

of a publication. ,..-. 

The custodian may require advance payment of the cost of copying. Any 

~~~rt~:c:~::S~b;~~gP~~~~::s:~C~:~~;1;~l ~ee~~:g~~,t:d~~~~: '~S$*
 . ,:-,1<' may be expended by the agency as part of its appropriation from that fund. .:L.J 

(9) A public agency shall not prevent the examination or copying of a :~'2~~;i

public record by contracting with a nongovernmental body to perform any .<:;~,;'

of its duties or functions. ::;;;~.

(10) Nothing contained herein shall prevent a public agency from dis-.,';';:~~·

closing statistical information that is not descriptive of an identifiable :per-"-~:;:

son or persons. a.c., § 9-338, as added by 1990, ch. 213, § 1, p.. 480.] .~l-' .. " ...

9-339. Response to request for examination of public records"'-,=-, 

(1) A public agency shall either grant or deny a person's request to examine 

or copy public records within three (3) working days of the date of the' 

receipt of the request for examination or copying. If it is determined bY' 

employees of the public agency that a longer period of time is needed to' 

locate or retrieve the public records, the public agency shall so notify'1il 

writing the person requesting to examine or copy the records and'shall 

provide the public records to the person no later than ten (10) working dafs 

following the person's request. '...\;';,;~}~.

(2) Ifthe public agency fails to respond, the request shall be deemed tobe" 

denied within ten (10) working days following the request.· ." .;'.:':'.~~1.

(3) If the public agency denies the person's request for exam.ina:tioi(~f

copying the public records or denies in part and grants in part the pers'on"s 

request for examination and copying of the public records, the' perSOrl 

legally responsible for administering the public agency or that :perso~:s

designee shall notify the person in writing of the denial or partial denial:~r

the request for the public record. . .. ::,.>~.~~.

(4) The notice of demal or partial denial shall state that the attOrney'for 

the public agency has reviewed the request or shall state that the 'public 

agency has had an opportunity to consult with an attorney regarding tlif.~

request for examination or copying of a record and has chosen not to do So> 

The notice of denial or partial denial also shall indicate the statutorY au:' ~.

thority for the denial and indicate clearlv the person's right to app-eal the .' ­

denial or partial denial and the time periods for doing so. a.c., § 9-339, as.' 

added by 1990, ch. 213, § 1, p. 480.] . :.:1"~~·

:';-Lf~;'

9-340. Records exemptfrom disclosure. '-- The following records.a:re 

exempt from disclosure: . ..~
PUBLIC WRITINGS 9-340 .. '

'~.. 

c. '(1)- Any public record exempt from disclosure by federal or state law or 

.aderal regulations to the extent specifically provided for by such law or 

regulation. 

·'....(2) Trade secrets including those contained in response to public agency 

i-equests for proposal, requests for clarification, requests for information 

d similar requests. "Trade secrets" as used in this section mean information, including a formula, pattern, compilation, program, computer pro­

.~iram, device, method, technique or process that: 

s1i(a) Derives independent economic value, actual or potential, from not 

,q:being generally known to, and not being readily ascertainable by proper 

"';:ineans by other persons who can obtain economic value from its disclo­

'~we or use; and 

... .....Is the subject of efforts that are reasonable under the circumstances 

>to: maintain its secrecy. .I 

I :if' 3). Records, maps or other records identifying the location of archaeologa~ or geophysical sites or endangered species, ifnot already known to the 

'"eneral public. 

~(4) Archaeological and geologic records concerning exploratory drilling, 

... ogging, mining and other excavation, when such records are required tobe 

ed by statute for the time provided by statute. 

~(5) Production records, sale or purchase records, catch records, mortgage 

- .ciftrolio loan documents, or similar business records of a private concern or 

enterprise required by law to be submitted to or inspected by a public f . tag-ancy.Nothing in this subsection shall limit the use which can be made of 

";:such .information for regulatory purposes or its admissibility in any en­

~forcement proceeding.. " 

J(6) Records relating to the appraisal of real property, timber, or mineral 

_nghts prior to its acquisition, sale or lease by a public agency. 

~:;(7) Any estimate prepared by a public agency that details the cost of a 

,,:public project until such time as disclosed or bids are opened, or upon award 

.~: of the contract for construction of the public project. 

i ...~?!~:' (8) Records gathered by a local agency or the Idaho department of com­

.~~:., merce, as described in chapter 47, title 67, Idaho Code, for the specific f :~~~~. purpose of assisting a person to locate, maintain, invest in, or expand busi­ /G ..•.. j ~. : ness operations in the state of Idaho.
 

(9) The records of a library which, when examined alone, or when exam­


I


ined with other public records, would reveal the identity of the library
 

"" patron checking out, requesting, or using an item from a library.
 

·4:'~.·~.· (10) The material of a library, museum or archive which has been con­


.'~;,+ tributed by a private person, to the extent of any limitation that is a condi­

'::.:~. tion of the contribution. . 

}:;~~">. (11) Records of a personal nature as follows: 

J ~~:L (a) Records of personal debt filed with a public agency pursuant to law; 

tk:'~ (b) Personal bank records compiled by a public depositor for the purpose 

:f~.i:- 'of public funds transactions conducted pursuant to law; 

."; ::~;S'? (e) Records of ownership of financial obligations and instruments of a 

•.-:;r public agency, such as bonds, compiled by the public agency pursuant to .:;;:-~; law: .... : ' 
9-340 EVIDENCE 66-;:!;~1! <'~~Si2 ~~

(d) Records, with regard to the ownership of, or security interests in,:-~': registered public obligations;"t.>'("..'0'... '~,

(e) Vital statistics records.' . ...;:~~:;;I

(12) Test questions, scoring keys, and other data used to administer a ';7~;¢:"-f1J

licensing examination, emplo~en~, ac~de~c o~ other ex~na~ion.ortest- .<~~~~ mg procedure before the examination IS grven if the examination IS to be .•.~.'~~L~:~

used again. Records establishing procedures for and instructing persons .;.:;:~~~

administering, grading or evaluating an examination or.testing procedure ;.:.:.~!

a.::e included in this exe~ption, to the extent that disclosure would create a ":~E4i

risk that the result might be affected.·~':::{i

(13) Retired employees' and retired public officials' home addresses, .<1 

• t". :~" home telephone numbers and other financial and nonfinancial membership 

records; active employee financial and membership records and mortgage .~)" 1 

portfolio loan documents maintained by the public employee retirement . ~.~~:tJ

system. Financial ~tatements p:epared ~y retirement system staff, fun~g .;~;~:'i:4~j

agents and custodians concermng the Investment of assets of the public ·", ;'7~:~!­

employee retirement system of Idaho are not considered confidential under ;';'):~~l this chapter . . .; .. .

:;.;~'. ..,~.

(14) Any personal records, other than names and addresses, such as par~fr

entage, race, religion, sex, height, weight, tax identification and social \ 

security numbers, financial worth or medical condition submitted to any,' 

public agency pursuant to a statutory requirement for licensing, certifica- 0:,.:, 

tion, permit or bonding. . _~. :~~·:jt·

(15) Unless otherwise provided by agency rule, information obtained.as : 

part of an inquiry into a person's fitness to be granted or retain a license,' 

certificate, permit, privilege, commission or position._: ,:::,:.;f1;; 

(16) Computer programs developed or purchased by or for any public .. 

agency for its own use. As used in this subsection, "computer pro~o!,

means a series of instructions or statements which permit the functionipg" 

of a computer system in a manner designed to provide storage.' retrie~...i 

and manipulation of data from the computer system, and any associated. 

documentation and source material that explain how to operate the com: 

puter program. Computer program does _ include: . . .~:l~0.*

(a) The original data including, but not limited to, numbers, text,voice,
 

graphics and images; .r>:.... '~:f'i~
 

(b) Analysis, compilation and other manipulated forms of the ori~"
 

data produced by use of the program; or .. .' btl!Il~.
 

(c) The mathematical or statistical formulas that would be used if thi.i:
 

manipulated forms of the original data were to be produced manually.. 
 

(17) Records that identify the method by which the Idaho state tax c0IIl:~.:

mission selects tax returns for audit review. .-··~:.r

(18) Information in an income or other tax return measured by items of~' . 

income or sales, which is gathered by a public agency for the purpose ~~I administering the tax. . ' ..-. 

(19) Information and records submitted to the Idaho state lottery for the 

performance of background investigations of employees, lottery retailerS 

and major procurement contractors; audit records of lottery retailers, yen: 

dors and major procurement contractors submitted to or performed by'the' . .:";. 

:.::(;.. 
663 PUBIJC WRITINGS 9-340 

. Idaho state lottery; validation and security tests of the state lottery for 

lottery games; business records and information submitted pursuant to 

.- sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such 

documents and information obtained and held for the purposes of lottery 

security and investigative action as determined by lottery rules unless the 

public interest in disclosure substantially outweighs the private need for 

protection from public disclosure. 

(20) Employment security information and unemployment insurance 

benefit information, except that all interested parties may agree to waive 

the exemption. 

. (21) Examination, operating or condition reports and all documents relating thereto, prepared by or supplied to any public agency responsible for 

the regulation or supervision of financial institutions including, but not 

limited to, banks, savings and loan associations, regulated lenders, busi­

. ness and industrial development corporations, credit unions, and insurance 

companies, or for the regulation or supervision of the issuance ofsecurities. 

~22) Investigatory records of a law enforcement agency, as defined in 

section.9-337(5), Idaho Code, under the conditions set forth in section 9-335, 

Idaho Code. 

.' (23) Records of a personal nature related directly or indirectly to the 

application for and provision of statutory services rendered to persons applying for public care for the elderly, indigent, or mentally or physically 

handicapped, or participation in an environmental or a public health study. 

(24) Records of investigations prepared by the department of health and 

welfare pursuant to its statutory responsibilities dealing with the protection of children, the rehabilitation of youth, adoptions and the commitment 

of mentally ill persons. 

(25) Records of the department of health and welfare or a public health 

district that identifies a person infected with a reportable disease. 

(26) Records of hospital care, medical records, records of psychiatric care 

or treatment and professional counseling records relating to an individual's 

condition, diagnosis, care or treatment. 

(27) Records of a person maintained pursuant to chapter 18, title 16, 

Idaho Code. 

(28) Shipping and marketing records of commodity commissions used to 

evaluate marketing and advertising strategies. 

(29) Records contained in court files of judicial proceedings; the disclosure of which is prohibited by or under rules adopted by the Idaho supreme 

court, but only to the extent that confidentiality is provided under such 

rules, and any drafts or other working memoranda related to judicial decision making. 

(30) Records consisting of draft legislation and documents specifically 

related to such draft legislation or research requests submitted to the legislative council by a member of the Idaho legislature for the purpose of 

placing such draft legislation into a form suitable for introduction as official proposed legislation of the legislature of the state of Idaho, unless the 

individual legislator having submitted or requested such records or re­
9-340 EVIDENCE 664

search agrees to waive the provisions of confidentiality provided by this
 

subsection.
 

(31) All papers, physical and electronic records and correspondence or
 

other supporting materials comprising the work papers in the possession of
 

the office of the legislative auditor prior to release of the related final audit
 

and all other records or materials in the possession of the office of the
 

legislative auditor that would otherwise be confidential or exempt from
 

disclosure.
 

(32) The records, finding, determinations and decision of any prelitiga­


tion screening panel formed under chapter 10, title 6, Idaho Code.
 

(33) Board of professional discipline reprimands by informal admonition
 

pursuant to subsection (6)(f) of section 54-l806A, Idaho Code.
 

(34) Records including, but not limited to, investigative reports, resulting from investigations conducted into complaints of discrimination made 

to the Idaho human rights commission unless the public interest in allowing inspection and copying of such records outweighs the legitimate public 

or private interest in maintaining confidentiality of such records. A person 

may inspect and copy documents from an investigative file to which he or 

she is a named party if such documents are not otherwise prohibited from 

disclosure by federal law or regulation or state law. The confidentiality of 

this subsection will no longer apply to any record used in any judicial . 

proceeding brought by a named party to the complaint or investigation, or 

by the Idaho human rights commission, relating to the complaint of discrimination. 

(35) Information, records, including names and addresses of victims, or:' 

investigations of the department of correction or the commission of pardons 

and parole to the extent that disclosure thereof would interefere Iinterferel 

with the secure and orderly conduct of their operations, or the rehabilita-r 

tion of any person in the custody of the department of correction or on?" 

parole, or would substantially prejudice or prevent'the carrying out of the.' 

functions of the department of correction or the commission of pardons and: 

parole if the public interest in confidentiality clearly outweighs the public 

interest in disclosure. 

(36) Except as provided in this subsection, all personnel records of a . 

current or former public official other than the public official's public service or employment history, classification,_pay grade and step, longevity, 

gross salary and salary history, status, workplace and employing agency. 

All 

including, 

other personnel 

but not limited 

information 

to, information 

relating to 

regarding 

a public employee or 

sex, race, marital 

applicant, 

sta­

>1

tus, birth date, home address and telephone number, applications, testing ~~~.::'.

,0•• '.:. 

and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee's or applicant's written consent. A public official or authorized representative may 

inspect and copy his personnel records, except for material used to screen 

and test for employment. [I.C., § 9-340, as added by 1990, ch. 213; § 1, p. 

480.] ­

.: 
665 PUBLIC WRITINGS	 9-343 

Compiler's netes, The bracketed word
 

"interfere" in subsection (35) was inserted by
 

the compiler.
 

9-341. Exempt and nonexempt public records to be separated. ­


Ifany public record contains material which is not exempt from disclosure
 

as well as material which is exempt from disclosure, the public agency
 

shall, upon' receipt of a request for disclosure, separate the exempt and
 

nonexempt material and make the nonexempt material available for exam­


ination[,] provided that a denial of a request to copy nonexempt material in
 

a public record shall not be based upon the fact that such nonexempt mate­


rial is contained in the same public record as the exempt material. [l.C.,
 

§ .9-341, as added by 1990, ch. 213, § 1, p. 480.]
 

'. Compiler's DOtes. The bracketed comma
 

was inserted by the compiler.
 

9-342.	 Access to records about an individual by an individuaL­

(1) A person may inspect and copy the records of a public agency pertaining 

to that person, even if the record is otherwise exempt from public disclo­


sure. .
 

(2) An individual may request in writing an amendment of any record
 

pertaining to that person. Within ten (10) days of the receipt of the request,
 

the public agency shall either:
 

(a) Make any correction of any portion of the record which the individual
 

establishes is not accurate, relevant, or complete; or
 

(b) Inform the individual in writing of the refusal to amend in accor­


dance with the request and the reasons for the refusal, and indicate
 

clearly the person's right to appeal the refusal and the time period for
 

doing so. The procedures for appealing a refusal to amend shall be the
 

same as those set forth in sections 9-343 and 9-344, Idaho Code, and the
 

court may award reasonable costs and attorney fees to the prevailing ­


party or parties, if it finds that the request for amendment or refusal to
 

amend was frivolously pursued.
 

(3) The right to inspect and amend records pertaining to oneself does not
 

include the right to review otherwise exempt investigatory records of a
 

.-~	 . public agency if the investigation is ongoing, information that is compiled 

in reasonable anticipation of a civil action or proceeding which is not otherwise discoverable or the information relates to adoption records or information which is otherwise exempt from disclosure by statute. [l.C., § 9-342, as 

added by 1990, ch. 213, § 1, p. 480.] 

9-343. Proceedings to enforce right to examine or to receive a
 

copy of records - Retention of disputed records. - (1) The sole rem­


edy for a person aggrieved by the denial of a request for disclosure is to
 

institute proceedings in the district court of the county where the records or
 

some part thereof are located, to compel the public agency to make the
 

information available for public inspection in accordance with the provi­


sions of this act. The petition contesting the public agency's decision shall
 

.:.:1'.di.wllllWo,•• 
9-344 EVIDENCE	 666
 

'5.(;-0- i..	 be filed within one hundred eighty 1180) calendar days from the date of 

mailing of the notice of denial or partial denial by the public agency. ·The 

time for responsive pleadings and for hearings in such proceedings shall be 

set by the court at the earliest possible time, or in no event beyond twentyeight (28) calendar days from the date of filing. 

(2) The public agency shall keep all documents or records in question 

until the end of the appeal period, until a decision has been rendered on the 

petition, or as otherwise statutorily provided, whichever is longer. [I.e., 

§ 9-343, as added by 1990, ch. 213, § 1, p. 480.] 

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

in § 9-342.
 

9-344. Order of the court - Court costs and attorney fees. - (1) 

Whenever it appears that certain public records are being improperly withheld from a member of the public, the court shall order the public official 

charged with withholding the records to disclose the public record or show 

cause why he should not do so. The court shall decide the case after examining the pleadings filed by the parties and such oral arguments and additional evidence as the court may allow. The court may examine the record 

in camera in its discretion. 

(2) Ifthe court finds that the public official's decision to refuse disclosure 

is not justified, it shall order the public official to make the requested 

disclosure. If the court determines that the public official was justified in 

refusing to make the requested record available, he shall return the item to 

the public official without disclosing its content and shall enter an order 

supporting the decision refusing disclosure. In any such action, the court 

shall award reasonable costs and attorney fees to the prevailing party or 

parties, if it finds that the request or refusal to provide records was frivolously pursued. [I.e., § 9-344, as added by 1990, ch. 213, § 1, p. 480.] 

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

in § 9-340.
 

9-345. Additional penalty. - If the court finds that a public official 

has deliberately and in bad faith improperly refused a legitimate request 

for inspection or copying, a civil penalty shall be assessed against the public official in an amount not to exceed one thousand dollars ($1,000), which 

shall be paid into the general account. [I.e., § 9-345, as added by 1990, ch, 

213, § 1, p. 480.] 

9-346. Immunity...... No public agency, public official, or custodian 

shall be liable, nor shall a cause of action exist, for any loss or damage 

based upon the release of a public record governed by the provisions of this 

chapter ifthe public agency, public official or custodian acted in good faith 

in attempting to comply with the provisions of this chapter. [I.e., § 9-346, 

as added by 1990, ch. 213, § 1, p. 480.] 
(-­ --

667 PRIVATE WRITINGS 9-401 

9-347. Agency guidelines. - By January 1, 1991, every state agency 

shall adopt guidelines that identify the general subject matter of all public 

records kept or maintained by the state agency, the custodian, and the 

physical location of such documents. [l.C., § 9-347, as added by 1990, ch. 

213, § 1, p. 480.] 

r . 

9-348. Severability. - The provisions of this act are hereby declared to 0·.:". 

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

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

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

act. [l.C., § 9-348, as added by 1990, ch. 213, § 1, p. 480.] 

Compiler's notes, Section 2 of S.L. 1990, Section III of S.L. 1990, ch. 213 provided 

ch. 213 repealed §§ 9·301, 9-302, and that §§ 1 and 2 of the act should take effect 

59-1009, and § 3 of S.L. 1990, ch.213 is com­ July 1, 1990. 

piled as § 1·2103. 

CHAPTER 4 

PRIVATE WRITINGS 

SECTION. 

':' 9-401. 

,. 9-402. 

9-403. 

9-404. 

9-405. 

9-406. 

9-407. 

9-408. 

9-409. 

9-410. ··,'f' . 

. .....

r

I" ?/ 9-411. l: ,-: 

Public and private seals. 

Historical works - Books of science 

or art - Published maps or 

charts - Effect as evidence. 

Notice to produce writing - Proof 

upon failure to produce ­

When notice not necessary. 

Writing need not be introduced.
 

Proof of writings.
 

Denial by subscribing witness ­


Proof by other evidence. 

Evidence of admission of execution. 

Entries made by decedent - When 

admissible. 

Acknowledgment of private writings. 

Instruments affecting realty - Certified copies of record - Admissibility. 

Secondary evidence of writings ­

When admissible. 

SECTION. 

9-412. 

9-413. 

9-414. 

9-415. 

9-416. 

9-417. 

9-418. 

9-419. 

9-420. 

9-421. 

Exemplar.. 

Business Records as Evidence Act ­

Term defined. 

Business records - When competent 

evidence. 

Business records - Uniformity of interpretation of act. 

Business records - Short title of act. 

Admissibility of reproduced records 

in evidence. 

Interpretation. 

Short title. 

Proof of hospital medical charts or 

records by certified copy and ­

compliance with subpoena 

duces tecum for production 

thereof. 

Taken or converted merchandise ­

Evidence. 

i 

9-401. Public and private seals. - A public seal in this state is a 

stamp or impression, made by a public officer withan instrument provided 

by law, to attest the execution of an official or public document, upon the 

paper or upon any substance attached to the paper, which is capable of 

receiving a visible impression. A private seal may: be made in the same 

manner by any instrument, or it may be made by the scroll of a pen, or by 

.,:. writing the word "seal" against the signature of the writer. A scroll or other 

.:"t:;;~ sign made in another state or territory or foreign country, and there recog- _ I ::t1~ nized as a seal, must be so regarded in this state. [C.C.P. 1881, § 922; R.S., I 

1 . ,';.~~";'! RC., & C.L., § 5989; C.S., § 7960; I.C.A., § 16-401.] .......,.
 

"-f.~ .. "tit;- -,: "."t;-.. I ~. 0',,: .,?: 

• ."'''"..; . 
1994
 

CUMULATIVE
 

POCKET SUPPLEMENT
 

IDAHO CODE
 

Compiled Under the Supervision of the
 

Idaho Code Commission
 

PHILLIP M. BARBER
 

B. NEWAL SQUYRES, JR. M.ALLYN D"rNGEL,JR.
 

COMMISSIONERS
 

MAX M. SHEILS, JR.
 

EXECUTIVE SECRETARY
 

VOLUME 2 

For your convenience in reporting any errors in these 

supplements or suggested improvements or additions you 

will find postpaid cards in the back of the 1994 Replacement Index Volumes. .~'.'

Place this supplement in the pocket of the corresponding 

volume of the set 

COPYRIGHT © 1991, 1992, 1993, 1994
 

All Rights Reserved
 

By
 

THE MICHIE COMPANY
 

La.w Publishers 

CHABLOTTESVILLE. VIRGINIA 
e e ­

._----_._-------_..__._----_._-_ . ._ _......•..- -..- -_.. ,-~. 9·329 tVIUENCE 142 

sloroge. The system m\Jst permit the document to be readily and Intelligibly reproduced on paper. 

(51 If a documenl i8 received In paper form or aa an Image of a paper 

documenl, and if the receiving state officer retains II In another form or 

medium as permitted In subsection (3) of lhls section, lhen lhe original of 

the documenl may be disposed of or returned La the sender, provided lhat 

such disponltlon or return is tlone pursuant to statute or an admlnlolrotlve 

rule promnlgnted under sedion 67-676 J, ldaho Code. 

(iii A document retained lIy n stnte oflicer In nny form or medium permitleclulltlur this aection Rhull be deemed to be nn orlcinol public record for all 

purposes. A reprocludion or copy of such a document, certified by the state 

onicer, slll~1I he deemed to be a transcript or certified copy of the original, 

and shall be admissible hefore any court or administrative hearing. \I.C., 

I 9-328, as added by 1992, ch, 165, I 2, p. 629.1 

Compller'8 noles. Former I 9·328. which Sec. 10 see, rer. Thl••ecllon I. rerened 10 

Cflml'rlged 1943,eh. 81.1 I. p. 186; am. 1918, In I 36·603. 38.604. 

eh. 42. I I. p. 90, wee repenled by S.L. 1992. 

ch. 166, I I. 

0·320,0·330. Photographed rccords - Effcclns records _ Mlcrollhotogral'hlng of Instruments for records. [Ilepealed.] 

Compller'8 nole•. These aectlon•• which ch. 42, II 2. 3, p, 90. wer. repealed by S.L. 

compriaed 1943.eh, 81.1 2, p. 166: am, 1916. 1992. eh, 166. I I. 

0·331. COllllty orrielals reploclng documents or books _ Monller. 

Sec. 10 .ec. rer. Thla 8eellon la ..rerred 10
 

In I 31·109.
 

0·332. Dcslructlon of orlglnols when not less thon one yeor old. 

Ree. 10 .re. rer. Thl8 eectlen la rererred 10
 

In I 31·1U9.
 

0·335. Excluptluno from disclosure - Conntlclltiollty.IFor effective 

dote, see Complier's notes.1 

flee. 10 see, rer. Thl. aectlon 18referred 10 CUed 1m Wiemer v. 111 Idaho Ronkln. In I 61·1604. 666, 190 r.2d 341 119901. 

0·335. Exemptions from disclosure - COllndelltlollty. [For effeetlve dnle, oee COlllllller's notes.] - (1) NotwithRtanding any statute or 

rule of court to the contrary, nothing In this chapter nor chapter 10, title 

69, Irlahn Cocle, ahall hc construed to relluire disclosure of Inventlgntory 

records clllnpilCl1 for low enfurcement purpoaea hy a law enforcement 

agency, but such exemption from disclosure applies only to the edent that 

the production of such records would: 

(n) Interfere with enforcement preeeedlngs; 

(b) Ueprive a person of a right to a fair lrlal or an Impartial alljudicotlonj 

. _- -----_..__.._----­

143 runuc WRmNOS 9·3:16 

(c) Constitute an unwarranted lnvaalen of personal privacy; 

(dl Disclose the Identity of a confidential source and, In the case of a 

record complied by a criminal lAW enforcemcnt agency In the course of a 

criminal Investigation, confidential Information furnished only by the 

confidential source: . 

(el Disclose Investigative techniques and procedures; or 

CO Endnnger the life or physico I Rafel.y of low enforcement personnel, 

(2) Au Innctlve Investigatory record shnll he disclosed unless the diselosure would violate the provisions of auhaeetlnn (l )(A) through CO of this 

secUon. Investlgntory record as used herein menns Informntlon with respect to an Identifiable person or group of persons compiled by 8 Inw enforcement agency In the course of conducting on Investigation of a specific 

act or omission and shall not Include the following Information: 

(a) The time, dote, location, and nature and description of a reported 

crime, accident or Incidenl; 

(b) The name, sex, Age,and address of a person arrested, except as otherwise provided hy law: 

(e) The time, dote, and locotion of the incident and of the arrest: 

(d) The crime charged;
 

(e) Documents given or required by lo\~ ~o be given to the person ar­


rested:
 

(0 Informations and Indictments except 8B otherwise provided by low:
 

and
 

(g) Criminal history reports.
 

As used herein, the term "law enforcement agency" meana the office of 

the attorney general, tho office of the state controller, the deportment of 

lAW enforcement, the office of any prosecuting aUorney, sheriff or munlclpnl police deportment. 

(3) Whenever It Is mode to appear by verified petition to the district 

court of the county where the records or some part thereof are situated that 

certain Investigative records are being Improperly withheld from a member 

of the public, the court shall order the officer or person charged wllh withholding the records Ladisclose the Investigative record or show CaUBe why 

he should not do so. The court shall decide the case after examining the 

record In camera, papers filed by the pnrtlea, and such oral argument ond 

addltloual evidence as the court may allow, 

If the court finds that the public ollicial's decision to refuse disclosure Is 

not justified, he sholl order the public officials Lamake the record public. If 

the judge detennlnes that the public ollicial was justified In refuslng 10 

make the record public, he sholl return the Ilem to the public official without disclosing its content with on order supporting the decision refusing 

disclosure. Any person who fnlla to obey the order of the court shall b~ cited 

to show cnuae why he Is not In conlempt of court, The court mny, In its 

diacretlrm, nword cools and fees 10 the prevnlling Ilnrty. 11.<:., § "·335, OR 

added by 1986, ch. 210, I I, p. 643; am. 199·J, ch. 181, § 40, p, 676.1 
e e 
 ..-rl ., ..-¥" ......,.._ ,..... ,~~ _-_ . 

9-336 EVIDENCE 144 

Complier's notes. This sedlon will be efIective January 2, \996. if Iha amendment 10 

Ihe Cunaliluliun of Iha Illale of Iduhe to 

change the nome of Iha alate audilor to tha 

alale coni roller is adopted at the general eleelion of t9!U 1Il19t, S.J.R. No. \091. ~'or Ihls 

eectton aa elf.cliva unlll Iha amendment Is 

adopled, aCe Iha bound voluma. 

Secliona39 and 41 ofS.I,. \99t, eh, \8\ are 

compiled aa II 61·2021 and 9·3tO. reapeclively. 

Section 241 of S.L. \99t, ch. \80 provided: 

... ·his act shall be In full force and effecl an 

and aRer the Hrat Monday of January, 1996, 

If Iha alale buard of cnnvaaaera has cerliHed 

Ihat on amendment to Ihe Canslilution of tha 

Stoia of Idaho haa been adupled at Iha general eleclion of 199·\ 10 change Iha nama of 

Iha alala auditor lo alala ecntrcller," 

9-336. Evidence from preliminary bearing - Admission - Requirements. 

ANALYSIS 

Idaho rulea of evidence. 

Opporlnnity. 

I'rcliminary hearing teltimony. 

-Abaenl wilne.a. 

-Admiaalbilily. 

Idaho Rules of Evldenca. 

Defendant foiled 10 demonalrale, and Iha 

eeurt could not ace, how I 9·336 and I.R.E. 

804(h11l1 wera inconaiatenl. Balh allow the 

uae al lrial uf Ihe preliminary hearing teaumony or a wllnesl who, at the tima ur Irlal, II 

shawlI 10 ba uuevailable. Mureaver, tbe elatlila II canllalent wilh Ihe Inherent policy of 

UI.E. t02. Slale v. Ritka, 122 Idaho 866, 840 

1'.2d 400 ICI. ApI'. 19921. 

To Ihe exlent Ihal I.R.E. 8041b){11 places 

gresler slridures upon Iha usa of avidenca 

Ihan does lhls .etlian, lI,e rille lIlual /luvern. 

Siale v. Ricks, 122 Idaho 1166, 810 ".2d 4UO 

(CI. A!'P. 19921. 

Opporlunlty. 

11.e "ol'portunily" requiremenl of I.R.E. 

80tlbl1l1 is no differellt from Iha aame requiremenllnlhis secllan. Slale v. Illtks, 122 

IJabo 866, 8·10 P.2d 40U tel. ApI'. 19921. 

Where Ihere was no indicalion In Ihe 

record Ihal cuunael'a opportunily to croaa·examine waa curlalled in any way by Iha maglaInla, and whelher counsel cI,osa to ulilize 

Ihal u~l'Orlllnily rllll)' WSI more a muller of 

latlics or slralegy Ihan o~purhmily. Dlshiel 

Court did not err in deciding Ihal defendanl's 

cOllnsel hod en apportunily lo dovelop Iha 

Icolimony hy crollB'61aminalion at Ihu pre· 

IIminary hearing. Siaia v. Ilith, 122 Idaho 

866, 840 P.2d 400 ICI. ApI'. 19921. 

.. 

.\ 

'1 

!' 

.! 

/". 

Preliminary llearlng Testimony. 

-Absent wllness. 

11.e right of confronlallon Is no longer a 

b88ls for elcluclins the priur lesllmony of on 

allsenl wllneas.lllale Y. lUcks, 122 Idaho 866, 

840 P.2d 400 (CI. ApI'. 111921. 

-Admlsslblllly. 

1'he court could nol adopt a per ae rule Ihat 

preliminery besring lealimany is Inadmissible In lie'" or tha explicit Slalemonl of policy 

in Ihls seclion and Ihe Implicit etatement of 

policy In tR.E. 402 and 8U4(bllll. A case-by. 

case approach 10 Ihe beller way 10 delermlna 

whether Ihe Iliolritl Court wua correc! in rulIng Ihat Ihe preUmlnsry hearine lesthnony 

waa admiasible. Such sn a~proach would al· 

low Ihe Irisl court 10delermine, as maUera of 

rael, whelher Iho parly opposing Iha uea of 

such lesUmony hod an opporlunil)' and similar molive 10develop Ihe lesllmany by direel, 

croaa, or redired elominalion. Slole v. Ricks, 

122 Idoha 866, 840 P.2d 400 (Ct. ApI'. 19921. 

Where trial court delermines whelher 

parly opposins use of preliminary hearlns 

Icolimony hod sn opporlnnily end aimilar 

molive 10 develop Ihe lestimony by direel, 

croSB. or red'red examlnaUon. and where 

such Hndings are chellenged on appeal Ihe 

COllrt or Ap~eels will al,ply Ihe "clear error" 

elandard or review. Ir Ihe raelual predicates 

or I.R.E. 80t ere mel, and if Ihera ara no 

olher reasons shown under Iho rulea for lis 

elclusion, Iho court llIay admltlhe evidence 

al trial. Slale v. lticks, 122 Idaho 866, 840 

P.2d 400 ICI. ApI'. 19921. 

---_.- . 

145 PUBLIC WRITINGS 9-338 

9-337. Definitions. 

8ec. to sec. rer. Seclions 9·331 - 9·341 aulhorlly 10 InveeUllale exlends to school ra. 

sre referred 10 In .. 61-621\, 61·61I1C. clHUes; such Invesligation should proceed in 

Oplnluns of Altorney General. The De­ eccardance wilh governing slelulea, the deparlmenl or lIeallh and Welrara has Ihe au­ perlmenl'a promulgeted rules, and inlernal 

Ihorlly 10 Invesllgate rellOrls of auepected policies. OAG 93·2. child abuse. ebandonment and neglect; such 

DECISIONS UNDU PalOR I.AW 

LIst of Certain T8Ilpayers. acceealble 10 Ihe pulllic. Thus, a list or names 

The leglslalure intended the deHnllion or or dairy producl producers who paid Iha 100ea 

"public records," as used in rormer law, 10 be levied b)' I 26·3111, which list wes compiled 

broad enough 10 include a list of names ob­ by Ihe Idaho Dairy Produeta Cemmlseicn, fell 

Isined by an agenty in Ihe normel eouree of wilhln Ihe purview or such rormer aeclion as 

carrying Ollt ils dulles; In addilion, Ihe lan­ "pul,lic records and other maUers," and was 

gusge or Ihis aeellon clearly evidenced en In· subjetl to Inapecllan by a privele cililen. 

lent by Ihe legislature 10 create a very brood Ilallon v, Idaho Dairy Prods. Camm'n, IU1 

scope or government records and infunnalion Idaho 6, 684 I' .2d 1183 (l1l841. 

9-338. Public records - IlIght to examine. 

8ec. to see. ref. 11,la aeclion is referred lo 

In II 63·3U161l, 61-1902. 

ANAl.ysls 

Physical handling of document, 

Privale pholocopying of records. 

"llow noles" from board mcelinC8. 

Phyalcal llandllng of Document. 

Even If Ihe public ia entiUed lu know Ihe 

conlenta of a ducumenl when It has been 

med, Ihls enUlIement does not necesaarily 

extend 10 Iha physical handling or Ihe docu· 

Illenl; 10 allow physical handling or an original document befure il betomes an official 

record npon microlilming wOllld corry a polenUel fur allllse, becauso If Ihe document 

were allored or dalllaged. lhe public record 

would be affected; moreover, privole righla or 

obligallons could be pntln doubt If en orlginel documenl were ellered or damaged after 

il wae mlcrommed bill berore it wes relurned 

10 Iha proper party. Adams CUUl.ly Abslraci 

, 

Co. v. Fisk, 111 Idaho 613, 188 P.2d 1338 (Cl. 

ApI" 19901. 

J>rlvate Photocopying of Records. 

'fille campany's dealre lo evoid Increaaes In 

feea charged by Ihe recorder docs not outweigh Ihe recorder's dUly to proled Ihe 

sarcly or dacumenls enlrllsled lo hia care, nor 

docs It diminish Iha recorder's power to con· 

Irol Ihe orderly fnnctian of his office, end ac· 

cordingly Ihe recorder cannot be COlOpclied 10 

allow prlvsle pholotopying of public records 

in Ihe coullhouae. Adams Counly Abslract 

CO.Y. t'isk, 111 Idaho 613, 1881'.2d 1336 (Ct. 

App. 111901.' 

"llaw Noles" from "oard Meellngs. 

Trial caurt erred in holding Ihat aa a mol· 

ler or law "raw nolcs" ("handwrillen nOlea," 

"raw minutes"l 10ken by Clerk or Ihe Ooard 

or Counly Commlaalonera during meelings of 

lhe County lIuard of eommloaioner., cOllld 

not be pnblic wrilings. t'OI v. Eelel', 118 

Idaho 464, 191 1'.2d 864 (990). 

DECISIONS UNDER Paloa I.AW 

Ilisclosura Mandatory, 

Oecause I 9·301 (now repealedl end former 

sedion providing for Ihe inspection or public 

records by privale citizens wera mandalory, 

Ihera were no elceptions to the rula or discloaure and Ihe tourls could not apply a balsnc· 

Ing laatlo delermlne whelbor or not 10allow 

dlsclasura. lIallon Y. Idaho Dairy Prods. 

Camm'n, 101 Idaho 8, 684 P.2d 983 1\9841. 

Tha Idaho \)alry Producta Commlaalon's 

dill)', power and aulhorily to lake such acllon 

as lhe Commission deemed neceaaary or advleabla in order to slabilize and proled Ihe 

dairy indu.try of Ihe slala and Ihe heallh end 

welfare of Iha pnblic was clearly limited by 

Ihe legislalure's elpreas slalutory langllege 

in funner secllon manduting Ihat Ihe public 

recorda and' olher moilers be open 10 Ihe Inapection of Ihe public; accordingly Ihe Commlaaion'slisl or dsiry product produters, who 

paid Ibe 100ea levied by I 26·3111 to dsiry 

produd dealers, was subject to disclosura 
•• , ••• -"'_••'" _ •• _ _ •• _- '.' •••••••• 1••••.•• 4 •••• 

1)·340 EVIDENCE 146 

even Ihough Ihe deoler gava Ihe namea ollhe Dalton Y. Idoho Oolry Proda. Comm'n, 107 

productra 10 Ih. Cummiaaloll ill confidence. Idab. 6, 684 P.2d 1183 (111841. 

9·340. Recorda exempt from disclosure. (For eCCecUve date, see 

Compiler's notes.' - The following records are exempt from disclosure: 

/1) Any public record exempt from disclosure by federal or state law or 

federal regulations to the extent specifically provided for by such law or 

regulation. 

/21 Trade secrets including those contained in response to public agency 

requests for proposal, requests for clarification, requests for information 

and similar requests. "Trade secrets" as used in this section mean information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or ill progress 

research tha t: 

/a) Derives independent economic value, actual or potential, from not 

being cenerally known to, and not being readily ascertainable by proper 

means by other persons who can obtain economic value from ita disclo­ sure or use; and 

/bl Is the subject of efforts that are reasonable under the circumstances 

to maintain its secrecy. 

/3) Recorda, maps or other records identifying the location of archaeological or geophysical sites or endangered species, if not already known to the

general public. 

/4) Archaeological and Ceologlc records concerning exploratory drilling, 

logging, lIIining and other excavation, when such records are required to be 

filed by statute for the time provided by statute. 

(6) Production records, sale or purchase records, catch records, mortgage 

portfolio,loan documents, or similar business records of a private concern or 

enterprise required by law to be submitted to or inspected by a public 

agency. Nothing in this subsection shall limit the Use which can be made of 

such information for regulatory purposes or its admissibility in any enforcement proceeding. 

(6) Uecords relating to the appraisal of real property, timber, or mineral 

rights prior to its acquisition, sale or lease by a public agency. 

(71 Any estimate prepared by a public agency that details the cost of a 

puhlic project until such timo as disclosed or bids are opened, or upon award 

of tho coutruct fnr construction of tho public project 

/111 Uecord!! gathered by a local acency or the Idaho department of commerce, as described in chapter 47, title 67, Idaho Code, for the specific 

purpose of assisting a person to locate, maintain, invest in, or expand busi­ ness operations in the state of Idaho. 

(9) The records of a library which, when examined alone, or when examined with other public records, would reveal the identity of the library 

patron checking out, requesting, or using an item from a library. 

(10) The material of a library, museum or archive which has been contributed by a private person, to the extent of any limitation that is a cendition of the cOl\tribuUon. 

(II) Iiecorda of a personal nature as follows:
 

/01 Ilecords of personal debt filcd with a public agency pursuant to law;
 

1(0
 

.-.------ _._*--.., 147 PUBUC WRITINGS ~.

9-340 

(b) Personal bank records compiled by a public depositor for the purpose
 

of public funds transactions conducted pursuant to law;
 

(c) Records of ownership of financial obligations and instruments of a
 

public agency, such as bonds, compiled by the public agency pursuant to
 

law;
 

(d) Records, with regard to the ownership of, or security interests in,
 

registered public obligations;
 

(e) Vital statistics records;
 

(0 Except as provided in this subsection, all information provided to a
 

law enforcement agency for sex offender registration pursuant to the
 

provisions of section 18-8306, Idaho Code: .
 

(i) Such information shall be available upon request to a law enforcement agency; and 

(ill The information provided pursuant to the provisions of aubsections 

(I) and (3) of section 18·8306, Idaho Code, shall be provided to any 

person upon written request. Such written request shall include the 

name, date of birth and social security number of the person for whom 

the Infonnation is requested. 

(12) Test questions, scoring keys, and other data used to administer a 

licensing examination, employment, academic or other examination or testing procedure before the examination is given if the examination is to be 

used again. Records establishing procedures Cor and instructing persons 

administering, grading or evaluating an examination or testing procedure 

are included in this exemption, to the extent that disclosure would create a 

risk that the result might be affected. 

(IS) Retired employees' and retired public officials' home addresses, 

home telephone numbers and other financial and nonfinancial membership 

records; active and inactive member financial and membership records and 

mortgage portfolio loan documents maintained by the public employee retirement system. Financial statements prepared by retirement aystem 

staff, funding agents and custodians concerning the investment of assets of 

the public employee retirement system of Idaho are not considered confidential under this chapter. 

(14) Any personal records, other than names and addresaes, such as parentage, race, religion, sex, height, weight, tax Identilication and social 

security numbers, linoncial worth or medical condilion submitted to ony 

public agency pursuant to a statutory requirement for licensing, certilication, permit or bonding. 

(16) Unleas otherwise provided by agency rule, information obtained as 

part of an inquiry into a person's fitness to be granted or retain a license, 

certificate, permit, privilege, commission or position, private association 

peer review committee records authorieed in title 64, Idaho Code. Any 

agency which has records exempt from disclosure under the provisions of 

this subsection shall annually make available a statistical summary of the 

nnmber and types of matters considered and their disposition. 

(16) Computer programs developed or purchased by or for any public 

agency for its own use. As used in this subsection, "computer program" 

means a series of instructions or statements which permit the functioning 

..·"0


• r: 

- _.._­
e e ­ '...'l'.~.""

....-.. -,~.-: .. _" ,-.-~,,~.~ ... , ',' 'I .•.••• '." ,r. 

9-340 EVIOENCE 148 

of a computer system in a manner designed to provide storage, retrieval 

and mauipulation of data from the computer system, and any associated 

r documentation and source material that explain how to operate the computer program. Computer program does not include: 

/al 'l'he original data iucluding, but not limited to, numbers, text, voice, \ graphics and images; i /bl Analysill, compilation and other manipulated forms of the original 

data produced by use of the program; or \ /cl The mathematical or statistical formulas that would be used if the I manipulated forms of the original data were to be produced manually. 

(17) Records that identify the method by which the Idaho state tax commission selects tax returns for audit review. 

/181 Information in an Income or other tax return measured by items of 

income or sales, which is gathered by a public agency for the purpose of 

admiuiatertng the tax, except such information to the extent disclosed in a 

written decision of the tax commission pursuant to a taxpayer protest of a 

deliciency determination by the tax couuuission, under the provisions of 

section 63-30458, Idaho Code. . 

(IU) Information and records submitted to the Idaho state lottery for the 

pcrformance of background investigations rif employees, lottery retailers 

and major procurement contractors; audit records of lottery retailers, vendors and major procurement contractors suhmitted to or performed by the 

Idaho state lottery; validation and security tests of the state lottery for 

lottery games; business records and information submitted pursuant to 

sectiuns 67-7412/8) and /91 and 67-7421181 and /91, Idaho Code, and such 

documents and information obtained and held for the purposes of lottery 

security and invesligative action as determined by lottery rules unless the 

public interest in disclosure substantially outweighs the private need for 

protection from public disclosure. 

/2()) Employment security information and unemployment insurance 

benefit information, except that all interested partiea may agree to waive 

tha exemption. 

/211 Examination, operating or condition reports and all documents relating thereto, prepared by or supplied to any puhlic agency respousible for 

the regulation or supervision of financial institutions including, but not 

limited to, banks, savings and loan associations, regulated lenders, business and industrial development corporations, credit unions, and insurance 

companies, or for the regulation or supervision of the issuance of securities. 

/221 Investigatory records of a law enforcement agency, as defined in 

section 9-337/51, Idaho Code, under the conditions set loath in section 9-335, 

Idaho Code. 

/2:11 Records of a personal nature related directly or indirectly to the 

application IiiI' and provision of statutory services rendered to persons applyiug for public core for the elderly, indigent, or mentally or physically 

handicapped, or participation in on environmental or a public health study, 

provided the provisions of this subsection making records exempt from 

disclosure shall not apply to the extent that such records or information 

coutained in those records are necessary for a background check on a~

~"

149 PUDUC WRITINGS 9-340.

Individual that is required by federal low regulating the sale of firearms, 

guns or ammunition. . /241 Records of investigations prepared by the deportment of health and 

welfare pursuant to ito statulory responsibililies dealing with the proteclion of children, the rehabilitation of youth, adoptions and the commitment 

of mentally ill persons. 

(25) Records of the deportment of health and welfare or a public health 

district that identifies a person infected with a reportable disease. 

(261 Records of hospital care, medical records, records of psychiatric care 

or treatment and professional counseling records relating to an individual's 

condition, diagnosis, care or treatment, provided the provisions of this subsection making recorda exempt from disclosure shall not apply to the extent 

that such records or information contained in those records are necessary 

for a background check on an Individual that is required by federal low 

regulating the sale of firearms, guns or ammunition. 

(27) Records of a person maintained pursuant to chapter 18, title 16,
 

Idaho Code, except that facts contained in such recorda shall be furnished
 

upon request in a manner determined by the court to persons and govern­


mental and private agencies and institutions conducting pertinent research
 

studies or having a legitimate interest In the protection, welfare and treat­


ment of the child. If the juvenile is fourteen (14) years or older and is
 

adjudicated guilty of an offense which would be a felony If committed by an
 

adult, the name, offense of which the juvenile was adjudicated and disposi­


tion of the court shall be subject to disclosure.
 

/281 Shipping and marketing records of commodity commissions used to
 

evaluate marketing and advertising strategies and the names and ad­


dresses of growers and shippers maintained by commodity commissions.
 

(29) Records contained in court files of judicial proceedings, the disclo­


sure of which la prohibited by or under rules adopted by the Idaho supreme
 

court, but only to the extent that confidentiality Is provided under such
 

rules, and any drafts or other working memoranda related to judicial deci­


sion making, provided the provisions of this subsection making records
 

exempt from disclosure shall not apply to the extent that such records or
 

information contained In those records are necessary for a background
 

check on an individual that is required by federal law regulating the sale of
 

firearms, guns or ammunition. 

(301 Records consisting of draft legislation and documents specifically
 

related to such draft, legislation or research requests submitted to the legis­


lative councilby a member of the Idaho legislature for the purpose of
 

placing such draf], legislation into a form suitable for introduction as offi­


cial proposed legislation of the legislature of the state of Iduho, unless the
 

individual legislator having submitted or requested such records or re­


search agrees to waive the provisions of confidentiality provided by this
 

suhsection.
 

(31)(0) All papers, physical and electronic records and correspondence or
 

other supporting materials comprising the work papers in the possession
 

of the office of the state auditor prior to release of the related final audit
 

. and all other records or materials In the possession of the office of the
 

, ,,~ ',»: 
I 

-_.--'- u:;;:;,;_·_··..·····_-'_·__·_-~·_·· .i::viij~NcE-·_· ... .. "._ ilio

state auditor that would otherwise be confidential or exempt from disclo­ sure. 

(hi All papers, physical and electronic records and correspondence or 

other supporting materials comprising the work papers in the posaesalnn 

of the ollice of the legisl,aUve council prior to release of the related final 

audit and 1111 other records or materials in the possession of the office of 

the legislative council thllt would otherwise bo confidential or exempt

[rum disclosure. 

I,
 (321 The records, finding, determinations and decision of any prelltlga­


tion screening panel formed under chapter 10, title 6, Idaho Code.
 •
 . (331 1I0ard of profesaional discipline reprimands by informal admonition 

pursuant to subsection (61(0 of section 64-1B06A, Idaho Code. 

1341 Records including, hut not limited to, investigative reports, resulting frum investigations conducted into complaints of discrimination made 

to the Idaho human rights commission unless the public interest in allowhig inspection and copying of such records outweighs the legitimate public 

or private interest in maintaining confidentiality of such records. A person 

may inspect and copy documents from an investigative file to which he or 

she is a named party if such documents are not otherwise prohibited from 

disclosure by federal law or regulation or state law. The confidentiality of 

this subsection will no longer apply to any record used in any judicial 

proceeding brought by a named party to the complaint or investigation, or 

by the Idaho human rights commission, relating to the complaint of discrimination. 

(351 Information, records, including names and addresses of victims, or 

investigations of the department of correction or the commission of pardons 

and parole to the exlent that disclosure thereof would interfere wilh the 

secure and orderly conduct of their operations, or the rehabilitation of any 

person in the custody of the department of correction or on parole, or would 

substantially prejudice or prevent the carrying out of the functions of the 

department of correction or the commission of pardons and parole I( the 

public interest in confidentiality clearly outweighs the public interest in 

disclosure. 

(36) Except as provided in this subsection, all personnel records of a 

current or former public ollicial other than the public official's public service or employment history, classification, pay grade and step, longevity, 

gross salary and salary history, statua, workplace and employing agency. 

All other personnel information relating to a public employee or applicant, 

including, hut not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing 

and scoring lIIaterials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee's or applicant's written consent. A public official or authorized representative may 

inspect and copy his personnel records, except for material used to screen and	 test for employment. 

1371 Hecords containing information obtained by the manager of the 

Idaho state insurance fund pursuant to chapter 9, title 72, Idaho Code, from 

1-1:0 

_...•- 1'--161'-'-'--'--'._---_. ·-·--fiUilUIJ WiilHNilH ---··-_··---·--!nlU---­

or on behalf of employers or employees contained in underwriting and 

claims for benefits liIes. 

(3B) The worker's compensation records of the Idaho industrial commission provided that the industrial commlseion shall make such records available: 

(a) 1'0 the parties in any worker's compensstion claim and to the industrial special indemnity fund of the state of Idaho; or 

(b) To employers and prospective employers subject to the provisions of 

the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 

limitations who certify that the information is being requested with respect to a worker to whom the employer has extended an olTer of employment and will be used in accordance with the provisions of the Americans 

with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 

(c) '1'0employers and prospective employers not subject to the provisions 

of the Americans with disabilitiea act, 42 U.S.C. 12112, or other statutory Iimilations, provided the employer presents a written authorization 

from the person to whom the records pertain; or 

(d) To others who demonstrate that the pnblic interest in allowing Inspection and copying of such records outweighs the public or private 

interest In maintaining the confidentiality ohuch records, as determined 

by a civil court of competent jurisdiction. 

(39) Names and addresses of seed companies, seed crop growers, seed 

crop consignees, locations of seed crop fields, variety name and acreage by 

variety. Upon the request of the owner of the proprietary. variety, this 

information shall be released to the owner. Provided, however, that if a 

seed crop has been identified as diseased or has been otherwise identified 

by the Idaho deportment of agriculture, other state departments of agriculture, or the United States department of agriculture to represent a threat 

to that particular seed or commercial crop industry or to individual 

growers, information as to test results, location, acreage involved and disease symptoms of that particular seed crop, for that growing season, shall 

be available for public inspection and copying. This exemption shall not 

supersede the provisions of section 22-436, Idaho Code. 

(40) Records of any risk retention or self-insurance program prepared in 

anticipation of litigation or for analysis of or settlement of potential or 

actual money damage claims against a public entity and its employees or 

against the industrial special indemnity fund except as otherwise discoverable under the Idaho or federal rules of civil procedure. These records shall 

include, but are not limited to, claims evaluations, investigatory records, 

computerized reports of losses, case reserves, internal documents and correspondence relating thereto. At the time any claim is concluded, only statistical data and actual amounts paid in settlement shall be deemed a public 

record unless otherwise ordered to be sealed by a court of competent jurisdlctjon. Provided, however, nothing in this subsection Is intended to limit 

the attorney client privilege or attorney work product privilege otherwise 

available to any public agency. 

(41) Records of laboratory test results provided by or retained by the 

department of agriculture's quality assurance laboratory. Nothing in this 

,;<,D	 -~()

'" 

ii 
e e	 e
 

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

9-340 EVIIlENCE	 162 ,

I, 

II	 auhsectlon shall limit the use which can be mode, or availability of such 

informalion if used, for regulatory purposes or its admissibility in any 

enforcement proceeding. 

(42) Reporls required to be filed under chapter 13, title 62, Idaho Code, 

idenlifying electrical or natural or manufactured gus consumption data for 

on iudividuul cuslomer or uccounl.ll.e., § 9-340, as added by 1990, ch. 213, 

§ I, p. 480; am. 1991, eh. 61, § 7, p. 140; urn. 1992, eh. 200, § I, p. 618; am. 

1992, ch, 257, § I, p. 744; am. 1992, ch. 312, I I, p. 927; am. 1992, ch, 313, 

I I, p. 931; sm. 1993, ch, 31, § I, p. 101; am. 1993, ch. 94, § I, p. 224; am. 

1993, ch. 155, § 2, p. 391; am. 1993, ch. 190, I I, p. 483; am. 1993, ch. 198, ,',

r:	 I I, p. 543; am. 1993, ch, 302, § I, p. 1I 18; am. 1993, ch. 327, § 4, p, 1186; 

\

:.	 am. 1994, eh. 326, I I, p. 1046; am. HI94, ch. 368, § I, p. 1180; am. 1994, 

!, 

" 

I 

i 

! 

!' 

I 

ch. 429. §	 I, p. 1381.) 

Comlliler'a nolea. 'I'hla aectlen will bo ef· 

feclive IInlil Januory 2, 1995, if the amendmen I 10Iho Con.UIIIUon of Iho Siale of Idoho 

10chance Ihe name of 11.0 olole audUor 10 Ihe 

siDle conholler Is adopled at the general eleelion of 1994 18.1•. 1994. S J.n. No. 1091. For 

Ihia aecllon aa elTeclive if Iho amendmenl la 

adopted, see Ihe following aectlcn, aleo numb,,",1 I 9·340. 

, Thia seclion waa amended by four 1994 

acta - c11. 181. I 41, elTeclive conlingenlly 

January 2. 1995, ch. 326. t I. elTectiva July 

1. 1994, ch. 368, t I, elTeclivo FeLruory 28, 

109t, and ch. 429, I I, elTectiva July I. 111114 

- which do nol al'pear 10 conOicl and have 

been compiled logelher. The aeclion' aa .el 

out above conlains the amendmenls by ch. 

326, ch. 368, and ch. 429. 'I'ho conllngenl 

amendmenl by ch, 181 la combined only In 

Ihe following eeclion, aleo numbered t 9·340. 

The omendmenl by ch. 181. t 41. deleled 

former subdivisioll 131l1al which resd: "All 

pupera. physicel and electronic records and 

eorrespondence or oth.r supporting mOlerlsls 

comprising Ihe work papers In Ihe po.eeoalon 

of tho olliee of Iha slale auditor prior 10 reo 

leuoe of Ihe related final audil and all olher 

records or mslerials In Ihe possession of Ihe 

offico of Iho slalo audilor Ihal would olherwise bo confidenlial or exempl from disclo· 

aure,", re,lcaignaled Cunner 8ulKlivisiun 

13111101 sa presenl sul.divisloll (:Ill; und redce· 

ignale,llhe veraion of slllodivi.lou 14m which 

bcglnl "/lecords of laloorulory leela" 01 

pre.clIl sulod;vi.iou 1411. 

i 11.e amendmenl by ch. 326, t I, added Ihe 

language 01 Ihe end of Ihe firsl senlence of I 

, ~.	 subdivision 1211 beginning wilh", excepllhal 

focts conlained"; added Ihe presenl loal aenleoee of subdivisiuu (211; aud rede.ignated 

Iho version of suWivl.iou (401 wl.ich l,cCins 

"Records of laboralory le.la" a. pre••nl aub· 

divisioll 1411. 

The amer\dm.nl by ch. 368, t I, substl· 

luled a .emi·colon for e pe~ lod 01 Ihe end of 

aulxlivislon III11el; added Ih.longuago ollhe 

end of .ubdivisions 1231,1261,and 1291becin· 

lIing wilh ", provided Ih. provisions of Ihia 

lui.seellon making recerde"; and redesis· 

nated Ihe ver.ion of eubdivielon 1401 which 

bellina "lIecords of loboralory lesla" es 

presenl subdivisioll 1411. 

Tho' amelldmenl by ch. 429, I I, redeslg· 

noted 1100 version of subdivialon 1401 which 

begilla "lIecords of loborolory teste" aa 

preeolll subdivision 1411;and added subdlvlsion 1421. 

Beetlon 41 of S.L. 1993, ch. 321 read: "All 

employees employed by Ih. Joinl Senale Fi· 

nanee-Heuse Allproprialions Conunillee, Ih. 

l."lli.lative Au,lilor or I.egislelive Dudgel Of· 

fico 011 Jnna 3D, 1993, shall be Irallsferred 10 

Ihe I.egislstive Council and sholl be deemed 

10 be employees of Ihe Legialetlve Council 011 

July I, 1993. All OIolleys which have been 

approprlaled 10 and been encumbered by the 

Jolnl Senate Finonce·llouse Apllfopriellons 

Oonunittee,	 Ihe l.oglslallve Dudgel Offica 

and the l.ogislalivo Audilor 011 June 3D, 

1993, ahull be traueferred to Ihe I.egislallvo 

('Aluncll aud shall bo deemed 10 Lo eneumbered by Ihal body. All monoya appropriated 

10 Ihe Joinl Senalo Fillsnce-llouse Appropriations Commilleo fur Iho l.ogislallvo Auditor 

and tI.e l.ogislslivo Dudgel Offico aro deemed 

ol'proprinle.1 I.. Iho I.eei.lnllve Council for 

Ihe aame purlod and pUrlKl••.• 

Secti"n 2 ofS.I•. 1993, ch. 91 is complied a. 

I 63-311-11. 

Section I of 8.1•. 1993, ch. 165 Is complied 

os It 111·8301 Ihrough 18-8311. 

Sections 3 and 6 of S.I~ 1993. ch. 321 ere 

coOlI.ilcd as It 61-451 Ihrouch 61·464 and 

I 20·408, respectively. 

Seclion 15 or S.I •. 1993, ch. 94 read: "Ea· 

cepl for Section 2, Ibis ael shall bo In full 

force and elTect on end after January I, 1994. 

alld excepllh.lth. lea commissioll Is aulho· 

rized 10 fil Iho rale of Inleresl for celendar 

yeor ID94 as providud in suclion 63-304/i, 

163	 PUBLIC WIUTINGS 9-340 

Seclion 2 of S.I •. 1994, eh, 368 declared an 

ID93." 

Idaho Code, by no later then November I, 

emergency end provldud 1I11s eet ahall be III 

Secllon 2 of S.L. 1994, ch. 326 Is complied full force end elTeel 011 and efter February 28, 

es I 16·t816. 1994. Approved April 1, 1994. 

Seclioll 2 of S.I •. t994, ch, 429 Is complied 

as It 62-1301 - 62-1305. 

9.340. Records exempt from disclosure. [For effective date, ace 

COnlpller'a notes.l - The following records are exempt from disclosure: 

(1) Any public record exempt from disclosure by federal or state. low or 

federal regulations lo the exlent specifically provided for by such low or 

regulation. 

(2) Trade secrets including those contained in response to public agency
 

requests fur proposal, requeats for clarification. requesta for informution
 

and similar requests. "Trade secrets" as used in this seclion means Infor­


mation, including a formula, pattern, compilation, progrmn, computer pro­


graen, device, method, technique, process, or unpublished or in progress
 

research	 that: 

(a) Derives independent economic value, actual or potential, from not 

being generally known to, and not being readily ascertainable by proper 

means by other persons who can obtain economic value from its disclosure or use; and 

(b) Is the subject of efforts that are reasonable under the circumstances 

to maintain its secrecy. 

(3) Records, maps or other records identifying the location of archaeological or geophysical sites or endangered species, if not already known to the 

general public. 

(4) Archaeological and geologic records conce'rning exploratory drilling, 

logging, mining and other excavation, when euch records are required to be 

filed by statute for the time provided by statute. 

(6) Production records, sale or purchase records, catch records, mortgage 

portfolio loan documents, or similar business records of a private concern or 

enterprise required by low to be submitted to or inspected by a public 

agency. Nothing in this aubsecUon shall limit the use which can be moda of 

such information for regulatory purposes or its admissibility in any enforcement proceeding. 

(6) Heeords relating to the appraisal of real property, timber, or mineraI 

rights prior to its acquisition, sale or lease by a public agency. 

. (7) Any estimate prepared hy a puhlic agency that details the cost of a 

puhlic project until such time as disclosed or bids are opened, or upon award 

of the conlract for conslruction of Lhe puhlic projecL. 

(8) Records gathered by a local agency or Lhe Idaho department of commerce, as described in chapter 47, tille 67, Idaho Code. for the specific 

purpose of assisting a person to locate, maintain, invest ill, or expand business operations in the slate of Idaho. 

(9) The records of a library which, when examined alone, or when examined with other public records, would reveal the identity of the library 

patron checking out, requesting, or using on item from a library. 

0..:.. _ :~ '~'~.:{
•••..•.••- ••_ .. _...... ··~·...·... t ...····./'·_-· •••..• ..._-----_ _.' , , .. -~ -•.... - , ,---..__ _-~

·..-_..- -' ·9·340····._ ~.- . EVIDENCE 164 166 PUBLIC WlIITINOS 9·340

this subsection shall annually make available a statistical summary of the i (10) The material of a library, museum or archive which has been con­ .: tributed by a private person, to the extent of any limitation that Is a condi­ number and types of matters considered and their disposition . 

(16) Computer programs developed or purchased by or for any public tion of the contribuUon. 

Ill) Records of a personal nature as follows: agency for its own use. As used in this subsection, "computer program" 

(a) Records of personal debt filed with a public agency pursuant to law; means a series of instructions or statements which permit the functioning

of a computer system in a manner designed to provide storage, retrieval (bl Personal bank records compiled by a public depositor for the purpose 

of public funds and manipulation of data from the computer system, and any associated transactions conducted pursuant to law; 

(c] Recerda of ownership of financial obligations and instruments of a documentation and source material that explain how to operate the compublic agency, such as bonds, compiled by the public agency pursuant to puter program. Computer program does not include: 

law; (a) The original data including, but not limited to, numbers, text, voice, 

(d) Records, with regard to the ownership of, or security Interests In, graphics and Images; 

(b) Analysis, compilation and other manipulated forms of the original registered public obligations; 

(e] Vital statistics records; data produced by use of the program; or 

(c) The mathematical or statistical formulas that would be used if the (0 Except as provided In this subsection, all Information provided to a 

manipulated forms of the original data were to be produced manually. law enforcement agency for sex offender registration pursuant to the 

provisions of section 18-8306, Idaho Code: (17) Records that identify the method by which the Idaho state tax com­

(i) Such Information shall be available upon request to a law enforce­ mission selects tax returns for audit review. 

ment agency; and (18) Information in an income or other tax return measured by items of 

income or sales, which is gathered by a public agency for the purpose of (Ii) The information provided pursuant to the provisions of subsections 

administering the tax, except such Informalion to the extent disclosed in a (l) and (3) of section 18-8306, Idaho Code, shall be provided to any 

person upon written request. Such wriUen request shall written decision of the tax commission pursuant to a taxpayer protest of a include the 

nome, date of birth and social security number of the person for whom deficiency determination by the tax commission, under the provisions of 

the information is requested. section 63·30458, Idaho Code. 

(12) Test questions, scoring keys, and other data used to administer a (19) Information and records submitted to the Idaho state lottery for the 

licensing examination, employment, academic or other examination or test­ performance of background investigations of employees, lottery retailers 

ing procedure before the examination is given if the examination is to be and major procurement contractors; audit records of lottery retailers, venused again. Records establishing procedures for and dors and major procurement contractors submitted to or performed by the instructing persons 

administering, grading or evaluating an examination or testing procedure Idaho state lottery; validation and security tests of the state lottery for 

are included in this exemption, to the extent that disclosure would create a lottery games; business records and information eubmitted pursuant to

risk sections 67·7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such that the result might be affected. 

113) Retired employees' and retired public officials' home addresses, documents and information obtained and held for the purposes of lottery 

home lelephone numbers and other security and invesligative action as determined by lottery rules unless tile financial and nonfinancial membership 

records; active and public interest in disclosure substantially outweighs the private need for inactive member financial and membership records and 

mortgage portfolio loan documents maintained by the public employee re­ protection from public disclosure. .

tircmcnt system. Financiul statements prepared hy retirement system (201 Employment security information and unemployment insurance

IItun: funding agents and custodians concerning the investment of assets of benelit information, except that all interested partiea may agree to waive

the public employee retirement syetem of Idaho are not considered eonfl­ tile exemption.

dentiat under this chapter. (21) Examination, operating or condition reports and all documents reo

(l41 Any personal records, other laling thereto, prepared by or supplied to any public agency responsible for than names and addresses, such as parentage, race, religion, sex, height, weight, the regulation or supervision of financial institutions including, but not tax identificaLion and social 

security numbers, limited to, banks, savings and loan associations, regulated lenders, busl­ financial worth or medical condition submitted to any 

public agency pursuant ness and industrlal development corporations, credit unions, and insurance to a statutory requirement for licensing, certificacompanies, or for the regulation or supervision of the issuance of securities. tion, permit or bonding. 

1151 Unless otherwise provided by agency rule, (22) Investigatory records of a law enforcement agency, as defined in information obtained as 

part of an section 9-337(5), ldahc Code, under the conditions set forth in section 9-335, inquiry into a persoa's fitness to be granted or retain a license, 

:, certilicate, permit, privilege, commission or position, private esaoclauon Idaho Code. 

peer review committee records authorized In litle 64, Idaho Code. Any (23) Records of a personal nature related directly or indirectly to the II agency which has records exempt from disclosure under the provisions of application for and provision of statutory services rendered to persons ap­

~Q 1"'~C) \ -r', 

:\ 

.r: 
e -- eJ
 __ _·· ••• ·•....,O••. ·A ,•.•. 

9-340 EVIIlENCE 166 

plying lilr public care for the elderly, indigent, or mentlllly or physically 

IUllulicllJlpcd, or purticipution in 1111cnvironmental or a public health study, 

provided Ihe pmvisiOl\s of this suLsection making records exempt from 

disclusure shall not apply to the extent that such records or information 

contained in those records ure necessary for a background check on an 

individual that is required Ly federul law rel,rulating the sale of fireurma, 

guns or ammunition. 

124) Recorda of investigations prepared by the department of health and 

welfare pursuant to ils statutory rcsponsibilities dcaling with the protection of children, the rehabililation of youth, adoptions and the commitment 

of mentally ill persons. 

(25) Records of the department of health and welfsre or a public health 

district that identifies a person infecled wilh II reportahla disease. 

(26) Recorda of hospital care, medical records, records of psychiatric care 

or treatment and profeaslonal counscling records relating to lin individual's 

condition, diagnosis, care or treatment, provided the proviaions of this subsection makiug records exempt from disclosure shall not apply to the extent 

that such records or information contained in those records are necessary 

for a hackground check on an individua] that is required Ly federul luw 

regulating the sale of fireurms, guns or ammunition. 

(271 Hecords of a person maintained pursuant to chapter IS, title 16, 

Idaho Code, except that facts contained in such records shall be furnished 

upon request in a manner determined Ly the court to persons and govern. 

mental und private agencies and institutions conducting pertinent research 

studies IIr having a legitimate interest in the protection, welfare and treatment of the child. If the juvenile is fourteen (141 years or older and is 

adjudicated guilty of an olfense which would be a felony if commiUed by an 

adult, the nome, offense of which the juvenile was adjudicated and disposition of the court shall be suhject to disclosure. 

12S1 Shipping and marketing records of commodity commissions used to 

evaluate IIIllrketing and advertising strategies and the names and addresses of growers and shippers maintained Ly commodity commissions. 

1291 Records contained in court files of judicial proceedinga, the disclosure of which is prohibited by or under rules adopted by the Idaho supreme 

court, but only to the extent that confidentiality is provided under such 

rules, and auy drafts or other working memoranda related to judicial decision making, provided the provisions of this subsection making records 

exempt [rom disclosure shall not apply to the extent that such records or 

informution contained in those records are necessary for a background 

check on an individual that is required by federal law regulating the sale of 

firearms, guns or ammunition. 

(30) Records consisting of draft legislation and documents specifically 

related to such draft legislation or research requests suhmitted to the legislative council by a mcmber of the Idaho legislature for the purpose of 

placing such draft legislation into a form suitable for introduction as of(icial proposed legislation of the legislature of the state of Idaho, unless the 

individual legislator having submitted or requested such records or re­

" .-. -~.~.."..-_. 

167 PUDJ.lC WlllTINClS 9-340 

search agrees to waive the provisions of confidentiality provided -Ly this 

subsection. 

(31) All papers, physical and electronic records and correspondence or 

other supporting materials comprising the work papers in the possession of 

the office of the legislative council prior to release of the related final audit 

and all other records or materials in the possession of the office of the 

legislative council that would otherwise be confidential or exempt from 

disclosure. 

(32) The records, finding, determinations and decision of any preliligation screening panel formed under chapter 10, title 6, Idaho Code. 

(33) Board of professional discipline reprimands by informal admonition 

pursuant to subsection (6)10 of section 64-IS06A, Idaho Code. 

(34) Records including, but not limited to, investigative reports, resulting from investigations conducted into complaints of discrimination made 

to the Idaho human rights commission unless the public interest in allowing inspection and copying of such records outweighs the legitimate public 

or private interest in maintaining confidentiality of such records. A person 

may inspect and copy documents from an investigative file to which he or 

she is a named party if such documents are not otherwise prohibited from 

disclosure by federal law or regulation or state law. The confidentiality of 

this subsection will no longer apply to any record used in any judicial 

proceeding brought by a named party to the complaint or investigation, or 

by the Idaho human rights commission, relating to the complaint of discrimination. 

(36) Information, records, including names and addresses of victims, or 

investigations of the deportment of correction or the commission of pardons 

and parole to the extent that disclosure thereof would interfere with the 

secure and orderly conduct of their operations, or the rehabilitation of any 

person in the custody of the department of correction or on parole, or would 

substantially prejudice or prevent the carrying out of the functions of the 

department of correction or the commission of pardons and parole if the 

public interest in confidentiallty clearly outweighs the public interest in 

disclosure. 

(36) Except as provided in this subsection, all personnel records of a 

current or former public official other than the public official's public service or employment history, classification, pay grade and step, longevity, 

gross salary and salary history, status, workplace and employing agency. 

All other personnel information relating to a public employee or applicant, 

including, but not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing 

and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to the public without the employee's or applicant's written consent. A public official or authorized representative may 

inspect and copy his personnel records, except for material used to screen 

and test for employment. 

(37) Records containing information obtained by the manager of the 

Idaho state insurance fund purauunt to chapter 9, title 72, Idaho Code, from 

.. I :~<;,
- .._ - -' J.;j:j,i' """ ..~·l." ~_ -~,.• -". ~-'."."i:Vjj;ENC~ -.L _ ;1' 'r"'-'-'- -

Hi8 

or on behalf of employers or employees contained in underwriting and 

claims for benefits files. 

(381 The worker's compensation records of the Idaho industrial commission provided that the industrial commission shall make such records available: 

(01 To the parties in any worker's compensation claim and to the industrial special indemnity fund of the state of Idaho; or 

(hi To employers and prospective employers subject to the provisions of 

the Americans with disabilities act. 42 U.S.C. 12112, or other statutory 

limitations who certify that the information is heing requested with reo 

spect to e worker to whom the employer has extended an olTerof employmentand will be used in accordance with the provisions of the Americans 

with disubilities .ect, 42 u.s.e. 12112, or other statutory limitations; or 

(c) '1'0 employers and prospective employers not subject to the provisions 

of the Americans with disabilities act, 42 U.S.C. 12112. or other statu. 

tory limitations, provided the employer presents a written authorization 

from the person to whom the' records pertain; or 

(d) '1'0 others who demonstrate that the public interest in allowing in. 

spection and copying of such records outweighs the public or private 

interest in meintaining the confidentiality of such records, as determined 

by a civil court of competent jurisdiction. 

(391 Nsmes and sddresses of seed compsnies, seed crop growers, seed 

crop consignees, locations of seed crop fields, variety name and acreage by 

variety. Upon the request of the owner of the proprietary variety, this 

information shall be released to the owner. Provided. however. that if a 

seed crop has been identified as diseased or has been otherwise identified 

by the Idsho department of agriculture, other state departments of agrleulture, or the United States department of agriculture to represent a threat 

to that particular seed or commercial crop industry or to individual 

growers, information as to test results, location. acreage involved and dis. 

ease symptoms of that particular seed crop, for that'growing season, shall 

be available for public inspection and copying. This exemption shall not 

supersede the provisions of section 22-436, Idaho Code. 

(401 Records of any risk retention or self-insurance program prepared in 

anticipation of litigation or for analysis of or settlement of potential or 

actual money damage claims against a public entity and its employees or 

against the industrial special indemnity fund except as otherwise discover. 

able under the Idaho or federal rules of civil procedure. These records shall 

include, but are not limited to. claims evaluutions, investigatory records. 

computerized reports of losses. case reserves, internal documents and correspondence relating thereto. At the time any claim is concluded. only statis. 

tical data and actual amounts paid in settlement shall be deemed a public 

record unless otherwise ordered to be sealed by a court of competent jurisdiction. Provided. however, nothing in this subsection is intended to limit 

the aUorney client privilege or aUorney work product privilege otherwise

available to any public agency. 

(4)) Records of laboratory test results provided by or retained by the 

department of agriculture's quality assurance laboratory. Nothing in this 

.. ,.~

10 

'! y--,_. -~' - - •..~",_ ~-- .. " " PljOi.ICWiiiTli.illi - .•, _._ __ U-~,jjj ._.__.-,..~ I 169 

subsection shall limit the use whieh can be made, or availability of such
 

information if used, for regulatory purposes or its admissibility in any
 

enforcement proceeding.
 

(42) Reports required to be filed under chapter 13, title 62, Idaho Code,
 

identifying electrical or natural or manufactured gas consumption data for
 

an individual customer or account. /I.C., § 9-340, as added by 1990, ch. 213,
 

I I, p. 480; am. 1991. ch. 61. I 7, p. 140; am. ]992, ch. 200, I 1. p. 618j am.
 

1992, ch. 267, I 1. p. 744; am. 1992, ch. 312, § r, p. 927; am. 1992, ch. 313,
 

I 1. p, 931j am. ]993, ch. 31, § I, p. 101j am. 1993, ch. 94, § I, p. 224; am.
 

1993, ch. 166, § 2, p. 391; am. ]993, ch. 190, § 1. p. 483; am. 1993, ch. 198,
 

I 1. p. 643; am. ]993, ch. 302, I 1. p. 1118j am. 1993, ch. 327, I 4, p. 1186;
 

am. 1993, ch. 388, § 2, p. 1436; am. 1994, ch. 181, I 41, p. 676j am. 1994,
 

ch. 326, I I, p. 1046; Sill. 1994. ch. 368. I 1. p. 1180; am. 1994, ch. 429, I I.
 

p. 1381.) 

Compller'8 nole8. Thl8 seeuen will be ef· 

feclive J8nuary 2. 1995, Iftha 8mendmenllo 

Ih8 Conslliulion of the State or Idaho lo 

chan8e the neme of the atate eudilor lo Ihe 

atale controller la adopted allhe genera] eleelion or 1994 (1994, S.J.R. No. 1091.•·or Ihia 

IIllclion a8 elfecliva until the amendment la 

adopted. aea the preceding secuen, alao numbered I 9·340. 

1'hla aeellon waa amended by four 1994 

ada - eh. '81, I 41, elfecllve conlln8ently 

January 2, '995. ch. 326. I I, elfecllve July 

I, 1994, eh, 368, 1 I, elfecllve February 28, 

1994, and eh. 429,1 I, elfeclive July I••994 

- which do not appear lo conOid and hava 

been compiled logether. 1'ha 8eellon aa aet 

oul 8bove contalna th8 amendmenla by eh, 

181, eh, 326, eh. 368, end eh, 429. 

'fhe amendment by ch. 181, I 41, deleted 

fonner 8ubdivialon (31l(a) which read: nAil 

pape.., phyalc81 and electrenic recorda end 

correspondence or other 8upportlng materlala 

comprialng tha work papera In the poaaeaalon 

of the office of the alata audilor prior to reo 

leaae of the related final audll and all other 

recorda or materiala in Ihe poaaeaaion of the 

office of the atate audilor Ihal would otherwise ba confidential or eaempl from diaclolure.", redesignated lunner subdivision 

(31l(b) aa preaenlaubdivialon (311;end redesIgneted tha veralon of aubellvlaion1401 which 

beglna "Recorda of labor8tory teata" 8a 

preaent aubdlvialon (4 t), 

The amendmenl by ch, 326, 1 I, elided the 

language et Ihe end of the Iirat aentence of 

aubellvlalon(211beginning wilh", except thai 

facla contained", added the present leat sen· 

tence of aubdivlalon (211; and redeaignated 

the veraIon of aubdivlsion (401 which l,eglne 

"Recorda of laboralory teala" a8 preaenl a..b· 

dlvlalon (41l. 

1'he 8mendmenl by ch. 368, I I, 8..hatl· 

tuled a 8eml-colon for a period al ti,e end of 

BubdivlalonII Il(el; added thelanguege althe 

-··..0
 

, .~

end of euhdlvlalona (231,(261.and (291begin. 

nlng wilh ", provided the provlaiona of thia 

aubaecllon making records"; and redesignated th8 veralon of aubellvlalon (401 which 

begin8 "Recorda of laboralory leala" aa 

preaenl aubellvlalon (411. 

The amendment by ch. 429. I I, redealg. 

nated Ihe veraion of eubdiviaion (401 which 

beglna "Recorda of laboratory teate" aa 

preaenl aubdlvlalon (411; and added aubdivlelan (42). 

Seelion 41 of S.I•. 1993, ch. 321 read: "All 

employee8 employed loy the Joinl Senate .'1­

nance·llouae Approprleliona Commillee, the 

Leglalalive Audilor or I",gialalive Budgel Of· 

fice on June 3D, 1993, ahall be Iranaferred lo 

the I"'llialallve Council and ahall be deemed 

lo be employeea of the l",gial8live Council on 

July I, 1993. All money8 which have been 

appropriated lo and been encumbered by the 

Jolnl Senate Finance·llouae Approprlalion8 

Committee. the I",gislallve Budget Office 

and Ihe Leglalalive Audilor on June 30, 

1993, 8holl be tranaferred lo Ihe Leglalallve 

Cuuncll end ahall be deemed lo be encumbered by th81 body. All moneya approprlaled 

lo the Joint Senate Finance-Hcuee Approprialiona Committee for the Legl.lallve Auditor 

and the l.eglal8tive Budget Office are deemed 

eppropriated lo the Leglalative Council for 

tha aame period and purpose." 

Secllon 3 of S.I•. 1993, ch. 388 read: "Any 

accumuleted personnel benefita of current 

atete employeee who are trouaferred from 

other etole employmenllo the divialon of poat 

audit In the 8lele audilor'a office aha II 1101 be 

dimlniahed or denied becauae of euch Iranafer," 

Secllon60fS.I•. 1991,ch.61 Iscomplleda8 

I 59·1353. 

Secliou 2 of 8.1.. 1992, ch. 200 la compiled 

aa I 9·342. 

Secllon 2 ofS.I •. 1993, cll. 94 la complied ea 

I 63·3044. 
e e e,
 .. I·

'.I 

il 

Ii
 

I

l
 

i: 

.~ - _ ·4.'·.~_..·"""", ..,,·,· _ _ ,_.~ ,...• .0,' .•••...• ,_ ,•. 

9-342 EVUlENCE 160 

Seelion 1 of 8.1•. 1993, ch. 155 la complied Seclion 44 of 8.1.. 1994, eh. 181 provided: e8 It 18·8301 Ihrough 18·8311. "Ill Seelion 42 oflhla oc1ehall be in full furce 

Seelion83 and 5 of 8.1•. 1993, eh, 321 ere end eITeel on end el\er July I, 1994. compiled e8 II 61·451 Ihrough 61·464 end "(2) All olher aeclione oTlble eelehell be In I 20·408. reapeclively. ' full force end eITeel on end el\er 1he fire1 Seeliun 1 of 8.1. 1993, ch, 3BB 18complied Monday of Jonuery, 1995, If Ihe elela boord e8 Ii 61-1601 Ibrough 61·1606. of cauvaseere haa cerlified Ihel en emend­ Seelion 40 ofS.L. 1994, eh. 1811. compiled menllo the Con8lilulion of Ihe Sielo of Ideho e8 I 9·335. haa been adopted al Iho general eleclion of Seelion 2 of 8.1•. 1992, eh, 313 declared en 1994 10chonllo Iho nOlllO of 11.0 etate oudilor emergency. Appro~ed April 9, 1992. 10 .Iele controller. Section III of S.I. 1990, eh, 213 e8 "If en amendment 10 Ihe Conelilulion of emended by I 16 of S.I,. 1991, ch, 329 pro­ the Siale of Idaho 10 chenge the nellie of the vided Ihol Ii 1,2,46 end 4'1oflhe eelahould 

lake effeci July I, 1990. stete eudilor 10alole conlroller Ie noledopled 

Seelion 4 of S.L. 1993, eh. 388, ea emended by Ihe eleclorele el the generel eleclion of 

by S.I•. 1994, ch, 181, eh, 42 provide8: "I'hi8 1994, none of Ihe eectlona of Ihle ecl .holl be 

ecl .hell be in full force end elTeel on end In elleel eacepl SedIon 42 of Ihio act." 

nller Ih. firat Monday of Jenuary, 19951Jen­ Bee. 10 sec. ref. Thia section 18referred 10 

.u.ry 2. 19951." I'riur lu 11.0 olllondmeni by In II 18·8309, 26-2916, 31-3418, 41-1ilO3, 

S.I.. 1994, ch, 181,Ihe eDeclive dele W08 July 54-918, 54-1134. 

I, 1994. 

9-342. Access to records about a person by a person. - (I) A person may inspect and copy tho records of a public agency pertaining to that 

person, even if the record is otherwise exempt from public disclosure. 

(2) A person may request in writing an amendment of any record pertaining to that person. Within ten (10) days of the receipt of the request. the 

public agency shall either: 

(a) Make any correction of any portion of the record which the person 

estuhlishea is not accurate. relevant. or complete; or 

(b) Inform the person in writing of the refusal to amend in accordance 

with the request and the reasons for the refusal. and indicate clearly the 

person's right to appeal the refusal and the time period for doing so. The 

procedures for appealing a refusal to amend shall be the same as those 

set forth in sections 9-343 and 9-344, Idaho Code. and the court may 

award reasonable costs and attorney fees to the prevailing party or parties, if it finds that the request for amendment or refusal to amend was frivolously pursued. 

(3) The right to inspect and amend records pertaining to oneself does not 

include the right to review otherwise exempt investigatory records of a 

public agency if the Investigation is ongoing. information that is compiled 

in reasonable anticipation of a civil action or proceeding which Is not otherwise discoverable or the information relates to adoption records or information which is otherwise exempt from disclosure by statute.II.C., § 9-342, as 

added by 1990. ch. 213. § I, p. 480; am. 1992. ch. 200. § 2. p. 618,) 

Complier's noles. Section 1 of S.L. 1992, 

eh. 200 i. compiled oa I 9·340. 

-"
 

_ ..,...,._ 4.\.1 __ ~.~ __ _ _ ! _._ . 

161 PUIII.IC WIlITINOS 9-348 , 

'I 

9·343. Proceedings to enforce rIght to examlne or to receive a 

COllYof records - Iletentlon of dlspuled records. ­ (I) The sole remedy for a person aggrieved by the denial of a request for disclosure is to 

institute proceedings in the district court of Ihe county where the records or 

some part thereof are located, to compel the public agency to make the 

Information available for public inspection in accordance with the provisions of this act. 'I'he petition contesting the public agency's decision shall 

be filed within one hundred eighty (180) calendar days from the date of 

mailing of the notice of denial or partial denial by the public agency. The 

time for responsive pleadings and for hearings in such proceedings shall be 

set by the court at the earliest possible time, or in no event beyond twentyeight (28) calendar days from the date of liling. 

(2) ;I'he public agency shall keep all documents or records in question 

until the end of the appeal period, until a decision has been rendered 011 the 

petition, or 8S otherwise statutorily provided, whichever is longer. 

(3) Nothing contained in this act shall limit the availability of documents and records for discovery in the normal course ofjudicial or administralive adjudicatory proceedings. suhject to the law and rules of evidence 

and of discovery governing such proceedings. II.C., § 9-343, as 

isso, ch. 213. § 1. I). 480; am. 1992. ch. 200, § 3, p. 618.1 

added by 

9-348. Prohihltion on distrlhution or sale of mailing or telephone 

number lists - Penalty. ­ (I) Except as provided in subsections (2). (3). 

(4). (5), (6) and (7) of this section. in order to protect the privacy of those 

who deal with public agencies: 

(a) No agency may distribute or sell for use as a mailing list or a telephone number list any list of persons without first securing the penniasion of those on the list; and 

(b) No list of persons prepared by the agency may be used as a mailing 

list or a telephone number list except by the agency or another agency 

without first aecuring the permission of those on the list. 

(2) Except as may be otherwise provided in this chapter, this seclion docs 

not prevent an individual from compiling a mailing list or a telephone 

number list by examination or copying of public records, original documents or applicalions which are otherwise open to public inspection. 

(3) 'l'he provisions of this section do not apply to the lists of registered 

electors compiled pursuant to title 34, Idaho Code, or to lists of the names of 

employees governed by chapter 53, title 67. Idaho Code. 

(4) The provisions of this section shall not apply to ageuciea which issue 

occupational or professional licenses. . 

(5) This section does not apply to the right of access either by Idaho law 

enforcement agencies or, by purchase or otherwise, of public records dealing with motor vehicle registration. 

(6) This section does not apply to a corporate informstion list dcveloped 

by the office of the secretary of state containing the name, address, registered agent. oflicera and directors of corporations authorized to do business 

III this state or to a business informstion list developed by the department 

of commerce containing the .iame. address. telephone numher or other rele­

. 

~?-b~1'
9-349 

......, -v-	 _ •..•,•• ~_~ -.~-""t

.......-- -.._..- -- - _ -.,.. 
 _~. __ .,...,..-_.~.

:1 EVIDENCE	 162 I: 

~I vant information ofldaho businesses or Individuals requesting Information 

regarding the state of Idaho or to businesa lists developed by the department of agriculture, division of marketing and development, used to promole food and agricultural products produced in Idaho. 

m This section does not apply to lists to be used for ordinary utility 

purposes which are requesled by a person who supplies utility services In 

this state. Ordinory utility purpcsea, as used in this chupter only, do not 

include marketing or marketing research. 

(BI Ifa court Iinda that a peraon or public official haa deliberately and in 

bad failh violated the provisiona of subsection (l1(b) of this section, the 

person or public official shall be liable for a civil penalty assessed by the 

court in an amount not in excess of one thousand dollars ($1,000) which 

sholl be paid into the general account. II.C., I 9·34B, as added by 1992, ch. 

279, § I, p. 856j am. 1993, ch. 117, § I, p. 294; am. 1994, eh, 398, § I, p. 

1261.1 

Complier'. nole.. Former , 9·3.8 w••
 

amended and redesignaled aa 1 9·3.9 by I 3
 

of 5.1•. 1992. ell. 219.
 

. 9·349. Severability, - The provisions of this act are hereby declared to 

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

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

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

act.II.C., § 9-348, as added by 1990, ch, 213, § I, p. 4BO; am. and redeaig. 

1992, ch, 279, §,2, p. 856.1 

Complier'. nol••. Thl. seellon was ror­ and redealpaled aa I 9·3.9 by I a or S,L 

merly compiled aa ,I 9·3.8 and waa .mended 1992, ell, 219. 

9-350. Idaho Code is property or the state or Idaho. - (I) The 

Idaho Code is the property of the state of Idaho, and the state of Idaho and 

the taxpayers shall be deemed to have a copyright on the Idaho Code. If a 

person reproduces or distributes the Idaho Code for the purpose of direct or 

indirect commercial advantage, the person shall owe to the Idaho code 

commission, as the agent of the state of Idaho, a royalty fee in addition to 

lhe fee charged for copying the Idaho Code. Any person who reproducea or 

distributes the Idaho Code in violation of the provisions of thia section, 

Ii shall be deemed to be an infringer of the state of Idaho's copyright. The 

" Idaho code commission, through the office of the attorney general, Is entitled to institute an action for any infringement of that particular right 'II,

I	 committed while the Iiluho code commiasion or Its deaignated agent has 

custody of the Idaho Code. 

(21 A court having jurisdiction of a civil action arising under this section 

may grant such relief as it deems appropriate. At any time while an action 

under this section is pending, the' court msy order the Impounding, on such 

terms as it deems reasonable, of all copies claimed to have been made or 

t used in violation of the Idaho code commission'a copyright pursuant to this 

section. 

(1'0 

,.1 .._ __..__..__._ I. .....-- , _. ._*_.__ __ -_­

163 INDISPENSABLE EVIDENCE - STATUTE OF FRAUDS 9-411 

(3) An infringer of the state of Idaho's copyright pursuant to this section
 

Is liable for any profits the infringar has incurred by obtaining the Idaho
 

Code for commercial purposes or is liable for statutory damages as provided
 

In subsection (4) of this section.
 

(4) The Idaho code commission, as agent of the copyright owner, may
 

elect, at any time before final judgment is rendered, to recover, instead of
 

actual damages and profits, 0/1 award of statutory damages for all infringe­


ments involved in the action, with respect to the Idaho Code for which any
 

one (1) infringer Is liable individually, or for which any two (2) or. more
 

infringers are liable jointly and severally, in a sum of not less than two
 

hundred fifty dollars ($250) or more than ten thousand dollars ($10,000), as
 

the court considers just.
 

(6) III any civil action under tllis secllon, the court may allow the recov­


ery of full costs by or against any party and may also award reasonable
 

attorney's fees to the prevailing party as part of the costs.
 

(6) The Idaho code commission is hereby authorized to license and charge
 

fees for the use of the Idaho Code. The Idaho code commission may grant a
 

license for the use of the Idaho Code to a public agency in the state and
 

waive all or a portion of the fees. All fees recovered by the Idaho code
 

commission shall be deposited in the general account. II.C., § 9·360, as
 

added by 1993, ch. 389, I, p. 1444.1
 

Compller'a no lea. Secllon 2 or 8,1., 1993,
 

eh, 389 declared an emercellcy. Approved
 

April I, 1993,
 

CHAPTER .. 

PRIVATE WRITINGS 

9-411. Secondary evidence or writings - When admIssible. 

Clled In: l.arge v. Calferty Realty, Inc.,
 

123 Idaho 676, 851 r,ad 912 (1993).
 

9·417. Admissibility of reproduced recorda In evidence. 

Clled 101 Large Y. Calferty Really, Inc"
 

123 Idaho 616, 861 P,2d 1172 119931.
 

CHAPTER 6 

INOISI'ENSARI.E EVIIlENCE - S'I'A'I'UTE 

m' ~'HAUI)8

8/ICTIOH. 

9·606. Certain agreemenla 10 be In wrillng. 

,0 
xv.
 

MULTI-YEAR
 

PERMITTING STRATEGY
 
, • ,
 I \ 1. 

FY9~ Htll/I'I-YEAR tJ'.1'llA'J:l::GY 

(118 of 7/01/94) 

OCT/NrN/DEC JAN/fEB/MAR APR/MAT/JIIN JUl/AlIG/SEP

fACIL IlT/UNIlS 1994 1m ,m 1m 

Uftrex, LTD_, Blackfoot 

(New Hlxed "aate 

Ireatment facility) 

Blount Ind. (CCI), 

I.ewlaton (Closing 1/5 

Permitted facility) 

Dart Ind. lne., Jerome 

(post·Closure/Correctlve 

Act Ion Permit) 

ESII-Slta A, Brmeau 

(CAHU/Closure/PoatClosure Permit) 

ESJI-Slte B, Grandview 

(Operating ISO, PostClosura, .. Corr Action 

Perm!t) 

10 ba determined 

Affrex'a willingness to 

proceed Is not certain 

~Rev Revised ,Rfl "orkplan 

las Coms (15)_ 

~Permlt Oversight (10)~

.Plbllc: 1I0tlc:e .. lIearlng 

(15) 

.Overslght of Contain Build 

lemp AUlh Demo (15) 

.Perm Overslghj .. Continue 

5 yr Re-opener_ (30) 

Idaho lIatlonal Engineering lliboratory (INEl) Projects, Idaho 

FAST, lEIlD, NUCF "EPA 

leach" Evaporation lank 

(VoIUllll 10) 

IIUSf/RSSf/RSlIF 

(Voluoea 4 .. 1) 

IICUIINF (VoIUllll 8) 

IIIISF, 1'51/, WSB .. BIU 

(Voluoes 11 .. 12) 

IIUCf (Volune 6) 

pE" .. CAlCINE Bill SEtS 

(VoIUllll 14) 

~Provlde assistance to
 

respond to 1st NOll (15)
 

~Permlt oversight (5)
 

~Resp to Public Comnent&
 

( (0) 

~Be9 lrd Rev (15) 

~Provlde assistance to 

respond to lst NOll (\5) 

.Iss 1st IIOD (3D) 

~Afllrove RFI "orkplan (15) 

~Permlt Oversight (10) 

~Re&pond to Comnents (15) 

~Over&lght of Contain Build
 

lemp Auth Demo (15)
 

~Perm Oversight (\0)
 

.Flnal Disposition of 5 yr
 

lie-opener (20)
 

Falls~

~Provlde assistance to 

respond to 1st NOD (15) 

~Permlt Oversight (5) 

.Flnal Alialn Disposition of 

partlal-Peralt (10) 

~Comp 3rd Rev, Iss Comp 

Determ .. Begin Oralt Permit 

(20) 

~Provlde assistance to 

respond to llit Noo (15) 

~Provlde assistance to 

respond to lat Noo (10) 

~RFI "orkplan Oversight (15) 

~Permlt Oversight (10) 

.1&& Final Peralt (20) 

~Comp Draft Class 3 Hod (25) 

~PerlDlt Overs Ight (20) 

~Begln. 2nd l·Rev (15) 

~Permlt Oversight (5) 

.Permlt Oversight (5) 

~Comp Draft Permit (10) 

~Begln 2nd l·Rev (15) 

~Begln 2nd T-Rev (15) 

~Rfl Uorkplan Oversight (15) 

.Permlt Oversight (10) 

~Permlt Oversight (10) 

.Publlc: 1I0tlc:e .. Hearing for class 3
 

Hod (10)
 

.Resp to Public: COllIS (10)
 

~Permlt Oversight (10)
 

.Is& 2nd MOD (15) 

~Permlt Oversight (5) 

~Permlt Oversight (5) 

.Publlc 1I0tice .. Hearing (15) 

~Cont 2nd T-Rev (15) 

.Iss 2nd IIOD (15) 

Tha ,ud>ers In parenthesis Indicate projected ·lIIBn-days associated IIlth the specl flc: tasks. 

2 Peralt OversiQht la a -catch all" tera which could inellde any of the following activities: overslQht of well Installations, review of as-built dlagr_ .. construction 

certifications; quarterly/sClllI-arnJill grOtrd lIater 8lOI1ltoring (G\It) report reviews; ad&lnlatratlon of Class 1&2 peralt -.xJificatlon rcquesta; review of waste 

alnlall8tlon reports; tha develllJUCflt, aalntenanee, or 8IlInlpJlation of G\It Database for purpose of trenLlll/lBlysls or to deteralna the effectiveness of a c:orrectlve 

Bctlon; and/or provide assistance to compliance staff IIlth Interpretations of peralt conditions. 

3 Issues aay Incltdu, \KIt lliIy not limited to: 1) revising \lAP for new eqllipnent .. cyanide or reactive wastes at the re<fJest of the Enforce-nt Bureau, 2) clarlfv the 

definition of a -lIOrldng day," IIlte-lllde vadose lone lIIOOitorlfl!l, 4) lOR luues 5) deletion of out of date peralt cOlldltlons; &I'd 6) Enf 1I'4>pOrt. 

4 Icfer to the boUlllI of page J of this HTS for a -lISf Of ACROHTHS AND ABBREVIAlIOHS." 

1 I'. 

1 
\J' OCllIIOV/DEC JAil/FEB/lIAR APa/IlAY/,u..	 JUl/AlJG/SEP :2",..", y	 ( 

t99~ tm tm	 t995 

INEl (contllQ.'d) 

IlllfC/lllSf-..a4 2 ...."IIc: 1I0tice I p.illic .Resp to Public: Comments .Fll\iIl Adaln DlspoaltlClO Of Putlal­ .Permlt oversight (5) 

(VolllaCl 5) hearins (15) (10) ..eralt (10) 

T5A-RE IIHf, UCf I 5\1:.... .Bes 1st T-Rev (20) .Isa lat 1100 (10) ...rovlda assistance to .118 2nd IIOD (25) 

(VoIUllll 13) respond to tat NOD (15) 

500 lilt STillAGE .Cond ..rc-Permlt Insp I .Ias 1st 1100 (10) .Provlde assistance to .las 2nd IIOD (25) 

(V"llIaCI 15) Inlt Coop Rev (10) respond to 1st WOO (15) 

.Bes lsI I-Rev (20) 

PloSlllil Ilcorih aD&D	 .Rec & Besln Rev of RolO .CojJ'P tat Rev & Iss NOD (20) .Provlde esslstonce to 

Appl aO) relipon<l to 1st Noo (15) 

aSIA & IlISF-pod 1	 .Appr Partial Focility 

Closure Ccrt (S) 

IAN-126 &TAN-126A	 .Isa lat 1100 on Partlol .CIlIIp Closure plllO Rev I .Respond to COllIS I Approve Closure .closurc Pion overslsht (5) 

fac:ftlty Cloliure 1'111I\ (to) Plilile lIotlee (15) Plan (15) 

SITE-UIDE HIXED UASTE .Cobp ta t Rev I Iss Coms .Assist DOE In developing a .Rec Revised Plan I Bes 20<1 Rev (15) .Coop 20<1 Rev I Iss Coms (15) 

AIIALYSIS PUll (25) response to the ClllllS Iased ," . 

(15 ) 

SITE-UIDE COHBUSTlOIi .aecelve Draft & Begin Rev .Coop tat Rev & Iss Coms .Asslst DOE In developlns a response' .Ree Revised Pion & Beg 2nd Rev (15) 

SUIAIEGV (t5) as) to the Coms hse<.l (IS) 

VOllltE 3~ .Cont. Review (5)	 .Cont. Review (5) .Cont. Review (5) .Cont. Review (5) 

Purtlal hcy Ity Closuro	 .closure Plan Reviews (10) .Closure Plan Reviews (15) .closure Plen Reviews (5) 

1'1110 Revlcws_
 

General-"art A ..enalt .Interlm Status & Correct	 .IS/CA Oversight (20) .IS/CA Oversight (20) .IS/CA Oversight (20)
 

Allpl (VOllillCl I & 2)	 ACllon ovcrlilght (20)
 

Harrison Knudsen, Boiso .Permlt Overslsht (10)	 .Permlt Overslsht (20) .Permlt Oversight (15) .Permlt Oversight (to)
 

(Closura, "ost-Closura, I
 

Correct Iva Action Permit)
 

HCQ'ItIlln IICllIlll AFB, .Permlt I Rfl Overslsht	 .Permlt (Iss Cams on Unit I .Iss Cams on Dratt RFI Report (20) .App fiflill RFI aeport (20)
 

(Storasa, Post-Closure, & (10)	 As-Builts) &Rfl Oversight .Permlt Oversighl (5)
 

Corrective Action Permit)	 (20)
 

Paclflccorp dbIl UP&l, .Penllit Overslsht & Besln .Permlt Overs Igilt & Begl n .Permlt Overalght &flflill Disposition .Permlt Oversight I Cant Five VI'
 

Idaho Foils (Clos, Post­ Five Yr. Permit Reopener Five Yr. Permit Reopener of the.Flvc Yr. I'el1llillleopeoer (20) Reopener (10)
 

Clos, & Carr Act Permit) (10) (15)
 

City of Bolac • pTT Slto, .App aFl FlfIiIl Report (to) .Begln Rev of CHI Uorkplan .Coop ~ev of CHI Uorkplen (10) .acsp to P&blle ClllIS I App CHI
 

Boise (Clos, Post-Cloa, I (10) .p...lie 1I0tiee CHI UurkplllO (10) Uo..~plon (20)
 

Corrective Action Permit)
 

5 Vol. 3 contalna Info ......tloo pcrtlflCflt to the mtlre Illfl ..... I'h IUit be reviewed In con'mctlon with alt docllllCl1t rcvlCWli.
 

6 Iha oPB hoa I\lQCrllu:l closure pions to "hose frl>lll "hl,h have oot til date been D priority.
 

17 

-_.._-_.... ---	 ---_._._...----.._.... _-,-_.---_.­

n i' 
7 

p .., , 

OCIiIlOV/PfC JAI/It't:lJ/KAIl AI'Il/KAY/JUN JlIl_/AIIG/:ill'

fACllIlY/lIllll:i IVY' 1m 1M 1m 

Sa'cIV-~leeo (lieu), Bolio 

Sior 1 Corr "'1100 I'crw) 

.I'erlllil Ovcnllubl (5) .Pefllill Overaluhl (5) .1'&:fllIll Ovcnduhl (5) .Pel'1II11 Oven IlIhl (5) 

Sa'clv-~Iecn. I'ocalello .Coollouc floilt fa'ltlly .COOlplelo floot h'ltlly 

(SIOrDUCl. t1osl1rc, I'osl­ cto~Urll O\/crsluhl (ZO) clo~urll O\/enluhl (ZO) 

eI csure fcrlllt) 

5alelv-~teen (Ol~), BoliO ."Illrovc IIcvhed IIfl flrlilt .Beolo lIev 0' CliS/CHI .COII" CHS/aU lIev .. lSI COIlS (10) .lIev lIevlsed CHI Uorkptan (to) 

CIS [tosurll .. Corre,ll\/o 1I~IXll'l (ZO) \lorkplan (\5) .Pli.t j, 1I011,c au Uur~plllll (10) 

Aulon) 

10T"l; HAI/-OAYS/QU"IITfll! (05 (05 (05 355 

Tbe HU iii balled on 8 flf as 'ottowa; 1 flf slf'Crv\$lon .. 7 fIf 0' 11011 ellort. Ihe 10lat Hiln·oily:l 01 ellort 'or Ibo lint quarter III dlC to tho tl_ need<.-d to 

titt Iho no", pDllltillClli. 

LI6T OF ACRONYH6 AND ADBREVIATION6 

B&W----Dabcock and Wilcox 

FAST---Fluorinel Dissolution Process & Fuel storage 

IIC\iIltIF-lIazardoua Chemical Waste lIandling & Neutralization F~cillty

IIEPA---high-efficiency particulate air 

I\\'1Sl"---lIazardoua Waste storage Facility 

IVrSF--Intermediate-Level Transuranlc Storage Facility 

LET&D--Llquid Effluent Treatment & Disposal 

-MHSF---Hixed Haste Storage Facility 

IIWCF---Hew Waste calcining Facility 

PEH----Process Equipment Haste. 

PSU----Portable Storage Units RD~D---Reaearchi Development & Demonstration -, 

RMF----netrieval Modification Facility 

nSSF---Radioactive Sodium storage Facility 

RSTA---neactivea Storage , Treatment Area 

RSWF---Radioactive Sorap , Waste Facility ff 

RWMC---Radioactive ~aste Management Complex .. " i-ni 

SWEPP--Stored Haste Examination Pilot Plant 

T-nev--Technical Review TAH--~-Teat Area Horth 

TSA-RE-Transuranic Storage Area-Retrieval Enclosure 

WCF----Waate Characterization Facility 

WERF---Waste Experimental Reduc~ion Facility i'L Ul'lC----\HPp Uaste Character hation FacUlty 

WWSU---WERF Waste Storage Building 

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