# 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 ofhazardous 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 ofHealth 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 ofState 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 ofHealth 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 ofJuly 1, 1987 and interim authorization for the HSWA Corrective Action provisions promulgated as ofJuly 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 ofthis 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 ofappendices 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 ofduplicative 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 staffin 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. StaffJob Descriptions [40 CFR §§ 

### 271.6 (b)(l)] 

### There are no new staffpositions 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%)



### , ofthe 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 staffpositions. '

Idaho Revised Authorization Application December 1994 2

## E. Training Continual staff training is a key element ofthe 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 oftraining sessions attended by members ofthe RCRA staffduring 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 ofpersonal 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 %) 

### ofRCRA 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%) ofthe 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 ofIdaho'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 offifty-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 ofhazardous 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 ofused oil handlers that notify are expected to increase as outreach efforts continue. The actual number ofhandlers which correspond to the categories listed will remain variable due to changes in production practices, new handlers notifying ofhazardous 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 ofhazardous 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 upgradingforms 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 ofthe 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 ofAgreement. These appendices are numbered XI, XII, XIII respectively. Each ofthese 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 willremain as outlined in the original authorization application with the addition ofthe "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 ofRCRIS. In particular, the MOU details (1) the conversion ofdata from the Hazardous Waste Data Management System (HWDMS) to RCRIS, (2) information sharing procedures, (3) implementor ofrecord 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 ofUnderstanding (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 ofHWMA requires all hazardous waste generators and disposal facilities to report quantities ofhazardous waste produced or received on a quarterly basis. HWMA then requires the Idaho Department ofHealth and Welfare, through DEQ, to submit an annual report to the governor and the legislature detailing the types and quantities ofhazardous 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 Idahoand the EPA regarding implementation of both HSWA and nonHSWA regulations are addressed in a Memorandum ofAgreement (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 ofF032 contaminated soil throughout the state. Pole-treatment facilities were severely affected. Many pole-treating facilities have stopped operation since passage'ofthis rule, resulting in a decrease of that component ofthe regulated community. Presently, the Army Corp ofEngineers 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 ofIdaho 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 requireremediation 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 ofthis 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 ofRequests for Variance has caused 

### asignificant increase in workload for HWScience Officers. This rule has allowed for less stringent management ofhazardous 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 ofa 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 ofused 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 ofenforcement efforts for used oil handlers follows EPA used oil enforcement policy provided to DEQ. The impact ofthis 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 ofbiodegradable 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 ofthis rule has been felt mainly by the regulated community, rather than the State program.

Idaho Revised Authorization Application December 1994 7

### 7. Corrective Action Management Units (CAMU) and Temporary Units (58 

# o FR 8658 - 02/16/93) State Authorization Manual Rule Code 121 CAMU rule resulted in the submittal ofa Revised Part B for ESII-A. Permit writers were required to review the revised Part B and subsequent revisions after issuance of a Notice ofDeficiency (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 ofthe 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 ofStrontium 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 ofHazardous 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 FR42504 Burning ofHazardous 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 ofthe 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 ofHazardous 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 Brian Martin 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 Rogersf

### AQ Engineer Dan Salgador

### AQ Engineer Mike Simonr

### AQ Engineer Wade Woolery



# .... AQ Engineer

June 14,1994 

### Marty Bauer 

### Bureau Chief 

# I RCRA Dick Rogers 

### Water Permit Mgr. Unstaffed Nancy Bowserf

### WQ 

### Analyst Mike Cookf

### WQ 

### Analyst Rick Huddleston



# - WQ 

### Engineer James Macinnis (NIRO)I

### WQ 

### 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- HWCompliance 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 HWPermits Meneger 

# I Sue Richerd. AQ Meneger 

# I

B. Hillmlln '- Word Processing Spec. Nick WlIde

.... HW Comp/ience Officer Vecllnt '- Bob Bullock r- HWPermit Officer Brilln Engli.h r- HWPermit Officer Ken Hanna f- HWPermit Officer Jeffrey Helm. f- HWPermit Officer Merk Jeffer.

- HWPermit Officer Beth McPher.on

- HWPermit Officer Judith Myer. '- HWPermit Officer ClImille AJlIke r- AQ Engineer Robert BlIldwln r- AQ Engineering Spec. AICe.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

- HWProgrem Specielist Chrl. Wernert



## -

nec.mho, 5. 1994 

# I

# e e 

# - Permits and Enforcement Technical Services Bureau

I Avijit Ray Science Manager
Joe BaldwinI

### Env. Hydrogeologist John Finnell
'--- 

### ARAR Engineer Chris JohnsonI

### AQ 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 STAFFATIENDED TRAINING 1990-1994
1994 Incineration Conference Advanced Authorization Conference** Aerobic/Anaerobic Digestion

- Lagoon O&M Airand Waste MgmtAnnual Meeting Air SlJ'veillance For Hazardous Materials Alternative Dispute Resolution ASTSWMO HazardousWaste Conference** ASTSWMO Midyear Meeting! Health & Safety Taskforce Basic Environmental Investigations Basic SupervisoryTraining Beginning Q & A ComputerTraining BEN/ABEL Penalty ComputationTraining 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 InspectorTraining Chain of Custody Procedures Chevron's RiskAssessment Conflict Resolution Continuous Emission Monitoring Corrective ActionTask Force CPR Refresher Dealing With UpsetCitizens and the Public Defensive Driving DOE Federal Facilities Meeting DOE SeClJ'ityClearance DOT Haz. Mat. Shipping DOT Regulations Emission InventorySymposium Employee Enrichment

- Communication Employee Enrichment - Stress Employee Enrichment

- Teaming Enforcement Negotiation Skills EnforcementSymposium Cross

- Media Environmental Crime Awareness Environmental Enforcement in the 1990's Environmental EnforcementTraining Environmental Regulations Course Environmental RiskAssessment Environmental Toxicology (BSU) Env. RiskAssess., Communication, & Application EPA FY93-94 RCRA Implementation Plan EPA News MediaTraining EPA Region Ten/Basic InspectorTraining 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 TreatmentTechnologies Hazardous Waste Remediation Technologies HAZWOPER Train the Trainer EPA Haz. Waste: Iss., Problems, Solutions Health Physies Class High ImpactCommunication How to be a Better Receptionist How to Handle Difficult People H&W Career Growth & Written Communication H&W ContractSystem Training H&W Presentation Skills Training H&W Public Presentations H&W Sexual HarassmentWorkshop Idaho's Land Application of Wastewater Program Incinerator InspectionTraining Tapes Innovative HW TreatmentTechnologies Inspection of Arlington, Oregon Landfill Intermediate Lotus Intermediate Q & A ComputerTraining IntermediateWordperfectClass Introductionto Lotus LOR Updates LOR Waste ComplianceAgreementwith DOE MAGNAS Modeling Managing Projects, Priorities & Deadlines Mixed Waste IncinerationWorkshop Mixed Waste Regulations Mixed Waste Thermal Trtmt Symposium Mobile Emergency Response Support National Environmental EnforcementConf.** NegotiationTraining 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. MgmtSkills Radiation Safety Orientation Radiation Worker Training Radiation WorkerTraining 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 StrategyTech. Standards Sampling Techniques, Region IV SourceSampling 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 CouncilTechnical 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 ofNovember 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 PROCEDURESRCRIS 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 DatabaseAdministrator 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 DEQstaffinclude permitting forms, enforcementformsand corrective actionforms. Forms from the regulated community include Notificationforms, 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 DEOstaff 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 RCRISversion 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 RCRISversion 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 itis 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 emergencysituation 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 theHazardous 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 tothe SA/DBA. The SA/DBA will QA/QC the forms using the notificationviews 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 RCRISwill betrained 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. IIIIV Data Retrieval When any DEQstaff members require information from RCRISthey 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 identifythe 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 implementordefined codes intothe 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 implementthe 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 WELFARE

# ~~J~~70:~rm DIVISION OF ENVIRONMENTAL QUALITY 

## WASTE MANAGEMENT BRANCH

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

### July25, 1995

Judy Fey U.S. EPA Region 10 1200 Sixth Avenue Seattle, Washington 98101
DearMs. 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 ofRecord Policies/Assignments, 1. 

### lOR Policies, (a)., last sentence: "When access to the Facility Index System (FINDS) is established, DEQ will assume the function ofassigning IDs."
EPA Region 10 and DEQ hereby agree that DEQ will assume the function of assigning RCRA ID numbers through the RCRA ID Module ofRCRIS which was implemented in Version 6.0.0, February 1995.

SIGNATURES

U.S. Environmental Idaho Department of Protection Agency Health and Welfare Division ofEnvironmental Quality

Judy Fey John Brueck RCRIS Project Officer RCRIS Project Officer
Date 

## W

# }d.1 

# !9s- Date 

# 7

# btjq) 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 the national or local Emergency Response 

# o Center? 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

____Transporter

___Full Generator ___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.

1-1 

### INSPECTOR INITIALS:

### 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 

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

### 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?
A

### rea 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
A

### ccumulation 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?
A

### ccumulation containers 262.34.c are labeled with "hazardous waste" or other 

### w

ords 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

.- 

### ASTE ACCUMULATION W 

### 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 BN0770DIlltho OIvilIiOn 01 ElWi "",ment OueJity 

### PERMITS AND ENFORCEMENT CHAIN OF CUSTODY RECORD ""ojecl**M)n ~'l**  Namt(. j 

# ,



# _ .

... 

# ..

# . . 

# - en_ 

# .. o­ 

# .... 

# ...



# ­ "'­ 

# """'.­ 

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# -Hazardous Waste CompIiancelEnforcement Strategy December 22, 1994 

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### "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 StateLaboratory inpreparationofsamples 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 ofoperation, 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 ofoutside contractor services will be undertaken as necessary under the coordinationofthe appropriate compliance staff member. Where the regulated unit has a permit, the annual inspection will also include verification ofcompliance 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 ofentry, in accordance with IDAPA 16.01.05.012 (40 CFR §§ 

### 270.30 and §§ 

### 270.43).

## Idaho Division ofEnvironmental 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 wasteprogramin lieu ofthe U.S. Environmental ProtectionAgency (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 ofprimarily 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 bybringingviolators into compliance from the point of generation to final treatment, reuse, or disposal. The tools used to implement this policy consist ofdirect 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 ofprocesses 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



# oHazardous Waste CompliancelEnforcement Strategy December 22, 1994 Page 3 of9



### B. Inspection Prioritization Inspectionpriorities 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, ofhazardous waste which may impact human health or the environment are given an immediatepriority as determined by the EB Manager and EB Chief. Non-emergency inspection activities are negotiated at the beginning ofeach 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 ofeach federal fiscal year quarter all scheduled generator inspections will be identified by DEQ and submitted to EPA-IOO. 

### C. StaffExperience 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 ofRCRA, 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 ofcredentials signed by the Idaho Department ofHealth 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 ofnon-compliance by the following: the HW Science Officer drafts a Warning Letter (WL) 

### or Notice ofViolation (NOV) for all administratively-issued actions. After review by the EB Manager and assigned Deputy Attorney General (Attorney), WLs are submitted to the EB Chieffor approval, signature, and issuance.Hazardous Waste CompliancelEnforcement Strategy December 22, 1994 Page 4 of9 

# o

NOVs are reviewed by the EB Manager and assigned Attorneypriorto 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 ofHWMA 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) 

### Failureto detect, prevent, or provide emergency or corrective action for releases ofhazardous 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. 

# oHazardous 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 priorityor medium priority violator. The ERP containscriteriaused 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 pursuantto 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 ofthe 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 ofthe conference is to provide an opportunity for the alleged violator to explain the circumstances surroundingthe 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 ScienceHazardous 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 ofthe 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 offormal 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 ofdocumentation that facility representatives claim is available at the facility. A longer timeframe, such as ninety (90) days, is given for submittal ofplans 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 representativeto call the owner/operator and inform himlher ofthe 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/operatorexplaining 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 0Hazardous 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 providesHazardous 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 standardreview ofNOVs 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 ofthe violations, and the category of the facility. If

### the enforcement action is a WL requiring submittal of documentation detailing the owner/operator's remedy ofviolations, 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. If

### the 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 whoHazardous 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 ofan 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. If

### so, the Regional Office refers the complaint to the EB Manager for enforcement. The EB Manager prioritizes the complaints based on immediacy ofthreat 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 ofcompliance/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 100determines 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 ofthe hazardous waste program (as defined by the federal Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and SolidWaste Amendments of 1984 (HSWA» and to clarify mutual expectations for conducting compliance activities relating to hazardous waste management in the State ofIdaho. 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 ofDEQ 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 ofthe State enforcement programby EPA will be accomplished through written reporting requirements, compliance and enforcement overviews, file reviews, and mid-year and annual reviews ofapplicable Stateprogram components. The program performance expectations are contained in the following, which arealso utilized in conducting program reviews:
1. Idaho's 1994 Revised Authorization Application and Memorandum ofAgreement (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 ofUnderstanding (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 PolicyFrameworkfor State/EPA Enforcement Agreements (February, 1993).
III. Inspections 

### A. Oversight: The purpose ofEPA 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 willbriefthe appropriate State compliance inspector on the purpose and extent ofthe 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 ofthe State inspection report within forty-five (45) calendar days ofreceiving 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 inspectionsoffacilities within the state will normally be conductedjointlywith the State and after appropriate prior notice is provided to the State. EPA will provide the State with a schedule ofoversight inspections by the endofthe 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 madeto 

### accommodate unscheduled inspections and/or unforeseen situations that may not allow for advance notice.

### Hazardous Waste Compliance Assurance Agreement December 22, 1994 Page3 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 understoodthe 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 ofState programrequirements. The State will also give consideration to information submitted by the public regarding potential violations ofHWMA 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 ofEPA 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 ofthese 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 AdministratorofDEQ 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 ofthe 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 Conservationand Recovery Information System (RCRIS) databaseusing 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 ofState-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 ofmutual 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 ofregulations,technicaljudgementor 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 ofa 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.

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### 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. Admissibilityin

### evidence ofcopies ofdestroyed 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 ·7 J = ....,:.•

.['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. 

### Copiesofrecords

### tobe in

### duplicate

- Onecopyfor display purposes, the otherplaced in 

### fireproofvault.

- Whenever any record or document is 

### copied or reproduced by microphotographic or microfilm, 

### or othermechanical process as herein provided it shall be made in 

### duplicate, and the custodian thereofshall place one copy in 

### a fireproofvault or fireproofstorage place, and he shall retain the other copy in 

### his office with suitableequipmentfor displayingsuchrecordby projectionto not less than itsoriginal size or for preparing,for persons entitledtheretoto copies ofthe 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 ofinvestigatory 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 personof a rightto a fairtrial or animpartial 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 ofpersons compiled by a law en- 

## '<', forcement agency in the course ofconducting aninvestigation 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 mightotherwise 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 emergencyexisting 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) 

### Thename, sex, age, and address of a personarrested, exceptas 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 oflaw 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 ofthe countywheretherecordsorsome partthereofare situatedthat certain investigativerecords arebeingimproperlywithheldfrom a member ofthepublic, the court shall orderthe 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.**..~;** 

### Hthe courtfinds thatthe public official's decision to refuse disclosure is**,~,** 

### notjustified, he shall orderthe public officials to 

### maketherecord public. If. .**~:.** 

### thejudge determines that.the public official was justified in refusing to make therecord public, he shall returnthe itemto the public official without disclosing its content with an order supporting the decision refusing disclosure. Anypersonwho fails to obeytheorderofthe courtshallbe 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.

- Priorto 

### admittinginto evidence recorded testimonyfrom a preliminary hearing, the court must find that the testimony offered is: 1. Offered as evidence of a material fact and thatthe testimony is more**""~'** 

### probative on thepointfor which itis offered than anyotherevidence 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':._. ofpreviously 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 ofthe case of State v. Elisondo, 114 Idaho 412, 757 P.2d 675 (1988), which overrules the earlier case ofState 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 ofthe state ofIdaho that declares whatthe public policy of the state shall be. In examining those considerations, it is the opinion ofthe 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 thepersonhavingpersonal custody andcontrolof**;~~~"** 

### thepublic records in question. If

### no such designation is made by thepublic 

## iii" agency, thencustodian means anypublic 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) 

### "Investigatoryrecord" means informationwithrespectto anideritifi-( able person, groupofpersons or entitiescompiled by a publicagency

### pursu.. O': 

### ant to 

### its statutory authority in 

### the course ofinvestigating a**specific~act>** 

### omission, failure to act, or other conduct which thepublic agencyhasregu-, latory authority or law enforcement authority over. ..':**.~~:~** (5) 

### "Lawenforcementagency" means any stateor local agencygiven**la~** 

### enforcement powers or which has authority to 

### investigate, enforce, prose; cute or punishviolations ofstateor federal criminal statutes,ordinancesor: regulations.' "

..

### J;!:, (6) 

### "Local agency" means a county, city, schooldistrict, 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) 

### "Publicofficial" means any state, county, local districtor

### 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 ofthetestimony is soughthad an adequate opportunity to prepare and :-;;;;:: . " cross-examine theproffered testimony. [LC., § 

### 9-336, as added by 1989, ch. .' 51, § 

### 2, 

### p. 63.]PUBLIC WR:mNGS 

### 9-338**.~:** , :/' 

### ':(10) 

### "Public record" includes, butis 

### not limited to, anywriting 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. Publicrecords

- Right

### to examine.

- (1)

### Everypersonhasa

,

### ~ht to examineandtake a copyofany public record ofthis

### stateandthere**~'"** 

# a presumptionthat all public records in Idaho are open at all reasonable ,times for inspection except as otherwise expressly provided by statute.**~r'** 

### (2) Therightto copypublicrecords shallinclude therightto makephoto­ ,graphs orphotographic or other copies while therecords are in the posses-: 

### .sion 

### ofthe custodian oftherecords usingequipmentprovidedby thepublic**~_agency** 

### or using equipment designated by the custodian.**·~ti~:,** 

### (3) Additionally,the custodian ofanypublic record shall give theperson,**~t,~~** 

### demand, a certified copy of it ifthe record is of a naturepermittingsuch**~:~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 theperson all reasonable comfort and facility for thefull exercise of the right granted under this act. (6) Nothingherein contained shall preventthe custodian from maintaining such vigilance as is required to prevent alterationofany public record " while it is being examined, 

# ,< ',"' (7) Examination of public records under the authority of this section**~.:,;:,:** 

### mustbe conducted duringregular office or working hours unlessthe custo­**,,~,** 

### . dian shall authorized examination of records in otherthanregular office or**~..;,** 

### ,: workinghours. In thisevent, the persons designatedto representthe custo­**;',~,** 

### ,: dian duringsuch examination shallbe entitled to reasonable compensation**'~> ~,:**  

# ", to be paidto them by thepublic agency havingcustody 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 ifanotherfee 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**.:.::~** 

### containingpublic 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 standardcost,ifany, forsellingthesameinformationin the fonn'**"~:::.,** 

### of a publication. ,.. -. The custodian may require advance payment ofthe 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 partof its appropriation from thatfund. 

## .: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 informationthatis 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 ofpublic records"'-,=-, (1)

### A public agency shalleithergrantor deny a person'srequest

### 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 oftime 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 thepublic records 

### to thepersonno laterthanten(10) 

### workingdafs following the person's request. '...**\;';,;~}~.** 

### (2) If

### thepublic agency fails 

### torespond, therequestshallbe 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** 

### copyingthe public records or denies in

### part and grants in

### partthepers'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 shallnotify theperson in writingofthedenial or partial**denial:~r** 

### the request for the public record.

...**::,.>~.~~.** 

### (4) The notice ofdemal or partial denial shall statethatthe 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 notto do

## So> The notice ofdenial or partial denial also shall indicate the statutorY

# au:'**~.** 

### thority for the denial and indicate clearlv theperson's right 

### to app-eal

# the .' ­ denial or partial denial andthetime 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 includingthose contained in response to public agency i-equests for proposal, requests for clarification, requests for information d similarrequests. "Trade secrets" as used in this section meaninformation, 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:beinggenerally known to, and notbeingreadily 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 underthe circumstances 

## >to: maintain 

### its secrecy. 

## .I 

# I :if' 3). 

### Records,maps or otherrecords identifyingthelocation of archaeolog**a~** 

### or geophysical sites or endangered species, if

### not already known to the '"eneral 

### public.**~(4)** 

### Archaeological and geologicrecords concerning exploratory drilling,

...ogging, miningandotherexcavation, when such records arerequired

## tobe ed 

### by statute for the time provided by statute.**~(5)** 

### Productionrecords, sale or purchaserecords, catchrecords, mortgage

- .ciftrolio loan documents, or similarbusinessrecords of a privateconcern or enterprise required by law to be submitted to or inspected by a public 

# f . tag-ancy.Nothingin this

### subsectionshalllimittheuse which 

### canbe made of 

# ";:such.information for regulatory purposes or its admissibility in any en­

### ~forcement proceeding.. "

J(6) 

### Recordsrelatingto the appraisal ofreal 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 ,,:publicprojectuntil such time as disclosed or bids areopened, 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 ofassisting a person to locate, maintain, investin, 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



# .**'~;,+** 

### tributedby a privateperson, to the extentofany 

### limitationthatis a condi­**'::.:~.** 

### tion of the contribution.

.**}:;~~">.** (11) 

### Records of a personal nature as follows: 

## J**~~:L** (a) Records ofpersonal debt filed with a public agency pursuant to law;**tk:'~** (b) 

### Personal bank records compiled by a public depositor forthe purpose**:f~.i:-** 

### 'of public funds transactions conducted pursuant to law; 

### .";**::~;S'?** (e) 

### Records of ownership of financial obligations and instruments of a



# • .-:;rpublic agency, such as bonds, compiled bythepublic agency pursuantto**.:;;:-~;** 

### law:



## .... : 

### 'EVIDENCE 

### 66-;

# :!;~1! 9-340

## <'~~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** licensingexamination,

## 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 includedin this**exe~ption,** 

### to the extentthatdisclosure 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 otherfinancial 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, otherthannames 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 ofan 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 ofinstructions 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 ofthe**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 methodby 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 andrecords submittedto the Idaho state lottery for the performance of background investigations of employees, lottery retailerS and major procurement contractors; audit records oflottery 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 relatingthereto, preparedby or suppliedto 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 andindustrial development corporations, creditunions, and insurance

companies, or for theregulation or supervisionoftheissuance ofsecurities.**~22)** 

### Investigatory records of a law enforcement agency, as defined in section.9-337(5),Idaho Code,undertheconditions setforth in section 9-335, Idaho Code. .' (23) Records of a personal nature related directly or indirectly to the application for and provision ofstatutory services rendered to persons applying for public carefor the elderly, indigent, or mentally or physically handicapped, or participationin anenvironmental or a public health study. (24) Records ofinvestigations preparedby the department ofhealth and welfare pursuant to its statutory responsibilities dealing with the protection ofchildren,therehabilitation ofyouth, adoptions and thecommitment of mentally ill persons. (25) Records ofthe department ofhealth and welfare or a public health district that identifies a person infected with a reportable disease. (26) Records ofhospital care, medical records, records ofpsychiatric care ortreatmentandprofessional counselingrecords relatingto 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 ofjudicial proceedings; the disclosure of which is prohibitedby or underrules adopted bytheIdaho supreme court, but only to the extent that confidentiality is provided under such rules, and any drafts or other working memoranda related tojudicial decision making. (30) Records consisting of draft legislation and documents specifically relatedto such draftlegislation or researchrequests submittedtothelegislative 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 ofthe legislature ofthe state of Idaho, unless the individual legislator having submitted or requested such records or re­EVIDENCE 

### 664 

### 9-340 search agrees to 

### waive the provisions of confidentiality provided by this subsection. (31) All papers, physical and electronic records and correspondence or othersupportingmaterials comprisingthe work papers in thepossession of the office ofthelegislative auditorpriorto 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 ofprofessional 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 ofdiscrimination 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 inmaintainingconfidentiality of such records. A person may inspect and copy documents from an investigative file to 

### which he or she is 

### a named party ifsuch 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 partyto 

### the complaint or investigation, or by the Idaho human rights commission, relating to 

### the complaint of discrimination. (35) Information, records, including names and addresses ofvictims, or:' investigations ofthe departmentofcorrectionor the commission ofpardons and parole 

### to the extentthat disclosure thereofwould interefere 

### Iinterferel with the secure and orderly conduct oftheir 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 ofthe departmentof correction or the commission ofpardons 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 otherthan 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 otherpersonnel informationrelatingto 

### a public employee or applicant, 

# >1

including, but not limited to, information regarding sex, race, marital 

### sta­ 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 copyhis 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 insertedby the compiler. 

### 9-341. Exempt and nonexempt public records 

### to be separated.­ If

### anypublic 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 nonexemptmaterial andmakethe nonexemptmaterial availablefor exam­ ination[,] provided thata denial of a request

### to copynonexemptmaterialin a publicrecord shall notbe based upon thefact thatsuchnonexemptmate­ 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 anindividual by an individuaL­ (1) 

### A personmayinspectand copytherecords 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 ofany record pertaining

### to thatperson. Withinten (10) days ofthereceipt oftherequest, the public agency shall either: (a) Make anycorrection ofanyportion oftherecordwhich the individual establishes is 

### not accurate, relevant, or complete; or (b) 

### Inform the individual in writing ofthe 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 setforth 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, ifit finds that the request for amendment or refusal to amend was frivolously pursued. (3) The right to 

### inspect and amend records pertainingto 

### oneselfdoes not include the right to review otherwise exempt investigatory records of a**.-~** . 

### public agency ifthe investigation is ongoing, information that is compiled in reasonable anticipation of a civil action orproceedingwhich is not otherwise discoverable or the informationrelates

### to adoption records orinformation which is otherwise exemptfrom 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 ofrecords

- Retention ofdisputed records.

- (1) 

### The sole rem­ edy for a person aggrieved by the denial of a request for disclosure is to instituteproceedings in thedistrictcourtofthecountywherethe 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 ofthis 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 ofthe notice ofdenial or partial denial by the public agency. ·The timefor responsive pleadings andfor hearings in such proceedings shall be setby the court atthe earliestpossible time, or in no eventbeyond twentyeight (28) calendar days from the date of filing. (2) The public agency shall keep all documents or records in question untiltheend ofthe appeal period, until a decision hasbeen renderedon 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 ofthe court

- Court costs and attorney fees.

- (1) 

### Wheneverit appears that certainpublic records arebeingimproperly withheld from a member ofthe public, the court shall order the public official charged with withholding the records to disclose the public record or show cause why he shouldnot do so. The courtshalldecide thecase afterexamining 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) If

### the courtfinds thatthepublic 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 refusingto maketherequestedrecord available, he shallreturntheitemto 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 againstthe public official in an amount notto exceed one thousanddollars ($1,000), which shallbe 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 basedupon therelease of a public record governedby theprovisions ofthis chapter if

### the public agency, public official or custodian acted in good faith in 

### attempting to comply with the provisions ofthis 

### 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 thatidentify thegeneral subjectmatterofall 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 ofthis actareherebydeclaredto

0·.:". 

### be severable and if 

### any provision of this act or the application of such provision to 

### any person or circumstance is 

### declared invalidfor anyreason, such declaration shall not affect the validity ofremaining 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. Acknowledgmentofprivatewritings. 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 EvidenceAct ­ Term defined. Businessrecords

- When competent evidence. Businessrecords

- Uniformity of interpretation of act. Businessrecords

- Shorttitleof 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 instrumentprovided 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 .,:. writingtheword "seal" againstthe signatureofthewriter. A 

### scroll or other**.:"t:;;~** 

### sign made in another stateor

### territory or foreign country, andthere recog- _ 

# I**::t1~** 

### nized as a seal, mustbe soregarded in this state. [C.C.P. 1881, § 

### 922; R.S., 

### I

.**,';.~~";'!** 

### RC., & 

### C.L., § 

### 5989; C.S., § 

### 7960; I.C.A., § 

### 16-401.] 

### 1



## .......,.**"-f.~** 

### .. "tit;--,: "."t;-

..**~.** 0',,: 

# I .,?: •

.

# "'''"

.. ; .

# 1994 

# CUMULATIVE POCKET SUPPLEMENT
IDAHO CODE

Compiled Underthe Supervision ofthe Idaho Code Commission



### PHILLIPM. 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 supplementsorsuggestedimprovementsoradditionsyou will find postpaid cards in the back ofthe 1994 ReplacementIndexVolumes.**.~'.'**



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

COPYRIGHT 

### © 1991, 1992, 1993, 1994 All Rights Reserved 

### By THE MICHIE COMPANY La.wPublishers CHABLOTTESVILLE. VIRGINIA

# e e 

# ­

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.

## .
_

## _ ......•..

## -

-

### ..

## - 

# -_..**,-~** 

## . 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) oflhls section, lhen lhe original of the documenl may be disposed of or returned Lathe sender, provided lhat such disponltlon or return is tlone pursuant to statuteor an admlnlolrotlve rule promnlgnted under sedion 67-676J, ldaho Code.

(iii Adocumentretained lIy n stnteoflicerIn nny form or medium permitleclulltlur this aection Rhullbe deemed to be nn orlcinol public record for all purposes. A reprocludion or copy ofsuch 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. 10see, rer. Thl. aectlon 18referred 10 1m Wiemer v. 111 Idaho CUed 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 ofcourt 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 ofconducting 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 ofthe state controller, the deportment of lAW enforcement, theoffice of any prosecuting aUorney, sheriffor munlclpnl police deportment. (3) Whenever It Is mode to appear by verified petition to the district courtofthecounty where therecordsor some partthereofare situated that certain Investigativerecords arebeing Improperly withheld from a member ofthe 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,

Ifthe court finds that the public ollicial's decision to refuse disclosure Is notjustified, he sholl orderthepublicofficials Lamake the record public. If thejudge 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 theorderof 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 alaleconi 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 ofS.L. \99t, ch. \80 provided: ... ·his act shall be In full force and effecl an and aRer the Hrat Monday ofJanuary, 1996, If Iha alale buard of cnnvaaaera has cerliHed Ihat on amendmentto Ihe Canslilutionoftha Stoia of Idaho haa been adupled at Iha general eleclion of 199·\ 10change Iha nama of Iha alala auditor lo alala ecntrcller,"

9-336. Evidence from preliminarybearing

- 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 urIrlal, 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 courtcould nol adopta per ae rule Ihat preliminery besring lealimany is Inadmissible In lie'" or tha explicitSlalemonl of policy in Ihls seclion and Ihe Implicit etatement of policy In tR.E. 402 and 8U4(bllll. Acase-by. case approach 10 Ihe beller way 10delermlna whetherIhe IliolritlCourt wuacorrec! in rulIng Ihat Ihe preUmlnsry hearine lesthnony waa admiasible. Such sn**a~proach** would al· low Ihe Irisl court 10delermine, as maUeraof rael, whelher Iho parly opposing Iha uea of such lesUmony hod an opporlunil)' and similarmolive 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 "clearerror" 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 ordairy produclproducers who paid Iha 100ea "publicrecords," 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 ProduetaCemmlseicn, 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. lentby Ihe legislature 10create a very brood Ilallon v, Idaho Dairy Prods. Camm'n, IU1 scope or governmentrecords 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 righlaor 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.lyAbslraci , Co. v. Fisk, 111 Idaho 613, 188 P.2d 1338 (Cl. ApI" 19901. J>rlvate Photocopying of Records.

'fillecampany'sdealre lo evoid Increaaes In feea charged by Ihe recorder docs not outweigh Ihe recorder's dUly to proled Ihe sarcly ordacumenls 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 cannotbe 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 repealedlend former sedion providing for Ihe inspection or public records by privale citizens wera mandalory, Ihera were no elceptions to the rulaor 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 aulhorilytolakesuch acllon as lhe Commission deemed neceaaary or advleabla in order to slabilize and proled Ihe dairy indu.try of Ihe slalaand 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'slislor 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 deolergava 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.

/21Trade secrets including those contained in response to public agency requests for proposal, requests for clarification, requests for information and similarrequests. "Tradesecrets" 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 otherrecords identifying the location ofarchaeological or geophysical sitesor endangered species, if not already known to the general public.

/4) Archaeological and Ceologlc records concerning exploratory drilling, logging, lIIining and otherexcavation, when such records arerequired to be filed by statute for the time provided by statute.

(6) Production records, sale or purchase records, catchrecords, mortgage portfolio,loan documents,or similarbusinessrecords of a privateconcern or enterprise required by law to be submitted to or inspected by a public agency. Nothing in thissubsection shall limitthe Use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding.

(6) Uecordsrelating 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 areopened, 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 ofassistinga 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 privateperson, to the extent of any limitation thatis a cendition of the cOl\tribuUon.

(II) Iiecorda of a personal nature as follows: /01 Ilecords ofpersonal debt filcd with a public agency pursuant to law; 

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.., 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 pursuantto theprovisions ofaubsections (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 ofbirth and social security numberof the person for whom the Infonnation is requested. (12) Test questions, scoring keys, and other data used to administer a licensingexamination,employment, academicor otherexamination 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 extentthatdisclosure would create a risk that the result might be affected.

(IS) Retired employees' and retired public officials' home addresses, home telephone numbersandotherfinancial and nonfinancial membership records; active and inactive member financial and membershiprecords 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 investmentofassets of the public employee retirement system of Idaho are not considered confidential under this chapter.

(14) Any personal records, otherthan 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 thissubsection 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



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### _"**,-.-~,,~.~** 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 extentdisclosed 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 rifemployees, 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 ofsecurities.

/221 Investigatory records of a law enforcement agency, as defined in section 9-337/51, Idaho Code, underthe conditionssetloath in section 9-335, Idaho Code.

/2:11 Records of a personal nature related directly or indirectly to the application IiiI'and provision ofstatutory 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~ ~"**  9-340. 149 PUDUC WRITINGS Individual that is required by federal low regulating the sale of firearms, guns or ammunition.

.

/241 Records ofinvestigations prepared by the deportment ofhealth and welfare pursuant to ito statulory responsibililies dealing with the proteclion ofchildren, the rehabilitation ofyouth, adoptions and thecommitment 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 ofhospital care,medical records, records ofpsychiatric care or treatmentandprofessional counseling recordsrelating to an individual's condition, diagnosis, care or treatment, provided the provisionsofthis subsection makingrecorda exemptfrom disclosure shall not apply to theextent 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 institutionsconducting pertinentresearch studiesor having a legitimateinterest 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 Ifcommitted by an adult, the name, offense of which thejuvenile 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 ofjudicial proceedings, the disclo­ sure of which la prohibited by or underrules 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 tojudicial 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 thatis required by federal law regulating the saleof 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 ofthe 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 othersupportingmaterials comprising the work papers in the possession of the office ofthe state auditor prior to release ofthe related final audit . and all other records or materials In the possession of the office of the

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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 ofthe 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 ofprofesaional 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 ofsuch 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 investigationsof the departmentofcorrection or the commission ofpardons and parole to the exlent that disclosure thereof would interfere wilh the secure and orderly conduct oftheiroperations, or the rehabilitation of any person in thecustody of the departmentofcorrection 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 otherpersonnel information relating to a public employeeor 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 andperformanceevaluations, 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 insurancefund pursuantto chapter9, title 72, Idaho Code, from



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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 thatthe industrialcommlseion shall makesuch 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 employmentand will be used in accordance with theprovisionsof 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 interestIn maintainingtheconfidentialityohuch 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 deportmentofagriculture, otherstatedepartmentsofagriculture, or the United Statesdepartment ofagriculture 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 correspondencerelating thereto. At the time anyclaim 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 ofcompetentjurisdlctjon. 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 

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# , 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 cuslomeror 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 10chanceIhe name of11.0 olole audUor 10 Ihe siDle conholler Is adopled at thegeneral eleelion of 1994 18.1•. 1994. SJ.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, elTectivaJuly 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.rsupporting 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.longuagoollhe 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,liloror I.egislelive Dudgel Of· fico 011 Jnna 3D, 1993, shall beIrallsferred 10 Ihe I.egislstive Council and sholl be deemed 10be employeesof Ihe Legialetlve Council 011 July I, 1993. All OIolleys which have been approprlaled 10and 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 andtI.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 andelTect on end afterJanuary 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 endelTeel011 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 researchthat:

(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, mapsor otherrecords identifying the location ofarchaeological or geophysical sitesor endangered species, if not already known to the general public.

(4) Archaeological and geologic records conce'rning exploratory drilling, logging, mining and otherexcavation, when euch records arerequired 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 similarbusinessrecords of a privateconcern or enterprise required by low to be submitted to or inspected by a public agency. Nothing in thisaubsecUon shall limitthe 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 puhlicproject until suchtimeas disclosed or bids areopened,or upon award of the conlract for conslruction of Lhe puhlic projecL.

(8) Records gathered by a local agency or LheIdaho department of commerce, as described in chapter 47, tille 67, Idaho Code. for the specific purpose ofassisting 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.

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.: number and types of matters considered and their disposition . tributed by a privateperson, to the extentof any limitation thatIs a condi­ (16) Computer programs developed or purchased by or for any public tion of the contribuUon. agency for its own use. As used in this subsection, "computer program"

Ill) Records of a personal nature as follows: means a series ofinstructionsor statements which permit the functioning (a) Records of personal debt filed with a public agency pursuant to law; of a computer system in a manner designed to provide storage, retrieval (bl Personal bank records compiled by a public depositor for thepurpose and manipulation ofdata from the computer system, and any associated of public funds transactions conducted pursuant to law; documentation and source material that explain how to operate the com(c] Recerda of ownership of financial obligations and instruments of a puter program. Computer program does not include: public agency, such as bonds, compiled by the public agency pursuant to (a) The original data including, but not limited to, numbers, text, voice, law; graphics and Images; (d) Records, with regard to the ownership of, or security Interests In, (b) Analysis, compilation and other manipulated forms of the original registered public obligations; data produced by use of the program; or (e] Vital statistics records; (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 (17) Recordsthat identify the method by which the Idaho state tax com­ provisions of section 18-8306, Idaho Code: mission selects tax returns for audit review.

(i) Such Information shall be available upon request toa law enforce­ (18) Information in an income or othertax return measured by items of ment agency; and income or sales, which is gathered by a public agency for the purpose of (Ii) The information provided pursuantto the provisions ofsubsections administering the tax, except such Informalion to the extentdisclosed in a (l) and (3) of section 18-8306, Idaho Code, shall be provided to any written decision of the tax commission pursuant to a taxpayer protest of a person upon written request. Such wriUen request shall include the deficiency determination by the tax commission, under the provisions of nome, dateofbirth and social security numberof the person for whom the information is requested. section 63·30458, Idaho Code. (19) Information and records submitted tothe Idaho statelottery for the (12) Test questions, scoring keys, and other data used to administer a performance of background investigations of employees, lottery retailers licensingexamination,employment, academic or otherexaminationor test­ and major procurement contractors; audit records oflottery retailers, vening procedure before the examination is given if the examination is to be dors and major procurement contractors submitted to or performed by the used again. Records establishing procedures for and instructing persons Idaho state lottery; validation and security tests of the state lottery for administering, grading or evaluating an examination or testing procedure lottery games; business records and information eubmitted pursuant to are included in thisexemption, to the extentthatdisclosure would create a sections 67·7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such risk that the result might be affected. documents and information obtained and held for the purposes of lottery

113) Retired employees' and retired public officials' home addresses, security and invesligative action as determined by lottery rules unless tile home lelephone numbers and otherfinancial and nonfinancial membership public interest in disclosure substantially outweighs the private need for records; active and inactive member financial and membership records and protection from public disclosure.

. mortgage portfolio loan documents maintained by the public employee re­ (201 Employment security information and unemployment insurance tircmcnt system. Financiul statements prepared hy retirement system benelit information, except that all interested partiea may agree to waive IItun: funding agents and custodians concerning the investmentofassetsof the public employee retirement syetem of Idaho are not considered eonfl­ tile exemption. (21) Examination, operating or condition reports and all documents reo dentiat under this chapter. laling thereto, prepared by or supplied to any public agency responsible for

(l41 Any personal records, otherthan names and addresses, such as parthe regulation or supervision of financial institutions including, but not entage, race, religion, sex, height, weight, tax identificaLion and social limited to, banks, savings and loan associations, regulated lenders, busl­ security numbers, financial worth or medical condition submitted to any ness and industrlal development corporations, credit unions, and insurance public agency pursuant to a statutory requirement for licensing, certificacompanies, or for the regulation or supervision of the issuanceofsecurities. tion, permit or bonding. (22) Investigatory records of a law enforcement agency, as defined in

1151 Unless otherwise provided by agency rule, information obtained as section 9-337(5),ldahcCode,underthe conditions setforth in section 9-335, part of an inquiry into a persoa's fitness to be granted or retain a license, 

# :, certilicate, permit, privilege, commission or position, private esaoclauon Idaho Code. (23) Records of a personal nature related directly or indirectly to the peer review committee records authorized In litle 64, Idaho Code. Any II application for and provision ofstatutory services rendered to persons ap­ agency which has records exempt from disclosure under the provisions of

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__ _·· ••• ·•....,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 ofchildren, the rehabililation ofyouth, adoptions and thecommitment 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 ofhospital care, medical records, records ofpsychiatric care or treatmentand profeaslonal counsclingrecords relating to lin individual's condition, diagnosis, care or treatment, provided the proviaions of this subsection makiugrecords 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 institutionsconductingpertinentresearch studiesIIrhaving a legitimate interestin the protection, welfare and treatment of the child. If the juvenile is fourteen (141 years or older and is adjudicated guilty ofanolfense which would be a felony ifcommiUed by an adult, the nome, offense of which thejuvenile 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 ofjudicial proceedinga, the disclosureofwhich 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 tojudicial 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 thesale 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 othersupporting materialscomprising the work papers in the possession of theoffice 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 broughtby 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 investigationsofthedeportmentofcorrection or thecommission ofpardons 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 thecustody of thedepartmentofcorrection 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 otherpersonnel 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 Idahostate insurancefund purauunt to chapter9, title72, IdahoCode, from

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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 thatthe industrialcommissionshallmakesuch 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 provisionsof 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 interestin meintainingtheconfidentialityof such records, as determined by a civil court of competentjurisdiction. (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 departmentofagriculture,otherstatedepartmentsofagrleulture, or the United Statesdepartment 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 ofthat 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 otherwisediscover. able under the Idaho or federal rulesof 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 ofcompetentjurisdiction. 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



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

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__**.-,..~** 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, identifyingelectrical or natural or manufactured gas consumption data for an individual customeror 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 atalecontrollerla adopted allhegenera] 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 other8upportlngmaterlala 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 aubellvlaion 1401 which beglna "Recorda of labor8tory teata" 8a preaent aubdlvialon (4t),

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 thelanguegealthe



# -··..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 beemployeea 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 LeglalallveCuuncll 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.eglal8tiveBudget 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 otheretole employmenllo the divialon of poat audit In the 8lele audilor'a office aha II1101 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.

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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. "IllSeelion 42oflhlaoc1ehall bein 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 olheraeclione oTlble eelehellbeIn I 20·408. reapeclively. ' full force end eITeel on end el\er 1he fire1

Seeliun 1 of8.1. 1993, ch, 3BB 18complied Monday ofJonuery, 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 menllothe Con8lilulionof Ihe Sieloof 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 10chenge the nellie of the vided Ihol Ii 1,2,46end 4'1oflheeelahould lake effeci July I, 1990. steteeudilor 10aloleconlrollerIenoledopled

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." nllerIh.firat Monday ofJenuary, 19951Jen­ Bee. 10sec. 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,IheeDeclive deleW08 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 pertainingto that person. Within ten (10)daysofthe receiptofthe 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 oneselfdoes 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 nototherwise 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 COllYofrecords

- Iletentlon ofdlspuled records.

­ (I) The sole remedy for a person aggrieved by the denial of a request for disclosure is to institute proceedings in the districtcourtof 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 setby the court at the earliestpossible 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 endofthe 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 documentsand 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 ofmailing 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) Exceptas may be otherwiseprovided in thischapter, 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 electorscompiledpursuantto title34, IdahoCode, or to lists ofthenamesof 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 ofcorporations authorized to do business IIIthis state or to a business informstion list developed by the department ofcommercecontainingthe .iame. address. telephone numheror otherrele­



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# __**.,...,..-_.~.** :1 EVIDENCE 162 

## I: vant information ofldahobusinesses or Individuals requesting Information

### ~I 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 thata 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 9·3.9by I 3 of 5.1•. 1992. ell. 219.



# .

9·349. Severability,- The provisions ofthisact arehereby 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 

### aor 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 stateof Idaho, and the stateof 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 ofdirector 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 

## 'I I, I committed while the Iiluho code commiasion or Its deaignated agent has custody of the Idaho Code.

(21 A court havingjurisdiction of a civil action arisingunder this section may grant such reliefas it deems appropriate. At any time while an action underthis 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 pursuanttothis section. 

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__ __ -_­ 163 INDISPENSABLE EVIDENCE

- STATUTE OF FRAUDS 9-411

(3) An infringerofthestateof Idaho's copyrightpursuanttothis section Is liable for any profits the infringar has incurred by obtaining the Idaho Code forcommercial purposesor is liableforstatutorydamages 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 ofstatutorydamages 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 liablejointly and severally, in a sum of not less than two hundred fifty dollars ($250) or more thanten thousand dollars($10,000), as the court considersjust.

(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 10be 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 fACILIlT/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 speclflc: 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 lliIynot 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 

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### tm tm t995
INEl (contllQ.'d) IlllfC/lllSf-

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...."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)
500lilt 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 hcyIty 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 CorrectIva 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 

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### 1m**Sa'cIV-~leeo** (lieu), Bolio Sior 1 Corr "'1100I'crw) .I'erlllil Ovcnllubl (5) .Pefllill Overaluhl (5) .1'&:fllIll Ovcnduhl (5) .Pel'1II11 OvenIlIhl (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) 

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Icsure 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.tj, 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 Characterhation FacUlty WWSU---WERF Waste Storage Building

, II